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2020-114 By-law to Authorize the Execution of a Model Home Agreement with 1157391 Ontario Inc., Draft Plan of Subdivision for Part of Lot 16, Concession 11 (Oro) Part 1, 51R-41100, Township of Oro-MedonteThe Corporation of the Township of Oro-Medonte By-law No. 2020-114 A By-law to Authorize the Execution of a Model Home Agreement with 1157391 Ontario Inc., Draft Plan of Subdivision for Part of Lot 16, Concession 11 (Oro) Part 1, 51 R-41100, Township of Oro-Medonte, County of Simcoe Whereas Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies; And Whereas the Council of the Township of Oro-Medonte deems it advisable to enter into a Model Home Agreement with 1157391 Ontario Inc., Draft Plan of Subdivision for Part of Lot 16, Concession 11 (Oro), Part 1, 51 R-41100, 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 Model Home 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 Model Home 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 28th day of October, 2020. The Corporation of the Township of Oro-Medonte Mayor, H.S. Hu es Cie , Y. Aubichon Schedule "A" To By-law No. 2020-114 Model Home Agreement - between - 1157391 Ontario Inc. - and - The Corporation of the Township of Oro-Medonte Part of Lot 16, Concession 11 (Oro) Part 1, 51 R-41100 Township of Oro-Medonte, County of Simcoe PIN # 58547-0168(LT) October 28, 2020 Pursuant to s.51(26) of The Planning Act, R.S.O. 1990, c.P.13 Model Home Agreement This Agreement made this 28"' day of October, 2020. Between: Township of Oro-Medonte (hereinafter called the `Township") - and - 1157391 Ontario Inc. (hereinafter called the "Developer") of the First Part of the Second Part All of which are collectively referred to herein as the "Parties" Whereas the Developer represents and warrants that it is the Developer of lands described in Schedule "A" attached hereto (hereinafter called the said lands) which are the lands affected by this Agreement. And Whereas a draft plan of subdivision (Application No. 2018-SUB-02) has been approved by the Township; And Whereas the Developer proposes to subdivide the Lands and is proceeding with a Plan of Subdivision (called throughout the "Plans"), engineering drawings, and a Subdivision Agreement; And Whereas the Developer wishes to erect a model home on a future lot in the Plan prior to the execution of the Subdivision Agreement and the registration of the Plans; And Whereas the Developer now wishes to undertake building construction on Proposed Lot 10 of the said lands in advance of subdivision works by constructing a model home building (1 building per lot); And Whereas the Developer represents and warrants that there are no encumbrances on or against the said lands; And Whereas the Parties hereto have entered into this agreement for the purpose of setting out the terms and conditions upon which the model home may be erected; Now Therefore This Agreement Witnesseth That in consideration of other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada, now paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is hereby acknowledged), the parties hereto covenant, promise and agree with each other as follows: 1. The lands affected by this Agreement are described in Schedule "A" attached hereto. 2. The Developer agrees that the model home building, now to be sited on Proposed Lot 10, of the Draft Plan of Subdivision Application No. 2018-SUB-02 utilizing setbacks permitted by the existing zoning. 3. The Developer agrees that the model home is part of the entire development and that municipal services such as water and sanitary sewers are not available to the lands and will not be provided on either a temporary basis or permanent basis for the purposes of the model home. The Developer agrees that the home will be privately serviced in the normal course of servicing the proposed z development. It is contemplated that hydroelectric service for lighting purposes both inside and outside for each model home should be permitted. 4. The Developer agrees that the finished floor elevation will be designed to conform to the Township approved grading plan for the subdivision. 5. The Developer agrees that there will be no residential occupancy of the model home until: i) The Township has issued a Certificate of Substantial Completion and Acceptance; ii) The Subdivision Agreement has been registered; iii) The Plan of Subdivision had been registered; iv) The Township has removed the Holding ("H") provision from the zoning of the lands; and v) The Township has issued a Change of Use Zoning Certificate, Building Permit and Occupancy Permit for the conversion of the model home to residential use. 6. The Developer agrees that the site around the model home will be totally landscaped utilizing sod and shrubs in order to create a finished appearance to the site. 7. The Developer agrees that the future public road will be constructed and maintained by the Developer, at the Developer's cost, to a standard satisfactory to the Township for the purpose of providing safe and adequate access to the model homes, until such time as the road is assumed by the Township. 8. The Developer acknowledges and agrees that the Township approvals do not verify or confirm the adequacy of soil conditions, including soil contamination, for the construction of the model home, and the Owner agrees to indemnify and save harmless the Township from all actions or claims relating to soil conditions, and/or soil contamination on the lands. 9. The Developer shall, at building permit issuance for residential use, pay the required development charges. 10. The Developer agrees that the Township may retain sufficient securities in accordance with Schedule B to this Agreement being held pursuant to the Subdivision Agreement until such time as the completion of the obligations under the Subdivision Agreement required for the issuance of a Building Permit. The purpose of the security, being in the form of cash or a irrevocable Letter of Credit in a form acceptable to the Township, is to provide for the demolition and removal of the Model Home and site restoration, in the event that the proposed Subdivision is not registered within three years following the Model Home Agreement herein. The Township may direct the Developer to demolish and remove the Model Home and failing any action by the Developer, the Township may cash the Letter of Credit utilizing the funds necessary for the demolition works. The security will be reduced and released upon fulfillment of the requirements within the Subdivision Agreement. 11. 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. Comprehensive General Liability/Environmental Impairment - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount 3 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; d) shall include the following names as insured's: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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. Certificate of Coverage - 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. Confirmation of Premium Payment - the Developer shall, from time to time as required by the Township, provide confirmation that all premiums on such policy or policies insurance have been paid, and that the insurance is in full force and effect. The Developer shall see that a copy of the policy is filed with the Township annually. Claim in Excess of Policy 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. 12. Disagreement in the provisions hereof do not give the Developer or any person acquiring any interest in the said lands any rights against the Township with respect to the failure of any such person to perform or fully perform any obligation under this Agreement, or the failure of the Township to force any such person to perform or fully perform any obligation under this Agreement, or any negligence of any person in the performance of said obligation. (a) All facilities and matters required by this Agreement shall be provided by the Developer to the satisfaction of and at no expense to the Township, and shall be maintained to the satisfaction of the Township at the sole risk and expense of the Developer, and in default thereof and without limiting other remedies available to the Township, the provisions of Section 427 of The Municipal Act S.O. 2001, C.25, shall apply. (b) If any matter or thing required to be done by this Agreement is not done in accordance with the provisions of this Agreement and such default continues, in addition to other remedies available to it, the Township may direct that such matter or thing shall be done at the expense of the Developer and the Township may recover the expense incurred in doing it by action and the Developer hereby authorizes the Township to enter upon the said lands and do such matter or things. (c) The Developer shall not call into question directly or indirectly in any proceedings whatsoever whether in law or in equity or before any administrative tribunal, the right of the Township to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this provision may be pleaded as an estoppel against any such person in any such proceedings. 13. The Developer agrees that this Agreement and all of its contents is made in acknowledgement of receipt of a Subdivision Agreement pertaining to the subject lands herein and this Agreement will be subordinate to the said agreement. (a) This Agreement shall be binding upon the Developer and its successors and assigns and the Developer or Developers from time to time of the said 4 lands. (b) This Agreement may be amended at any time with the consent of the Township and the registered Developer of the said lands at the time of such amendment. (c) Schedule "A" and "B" forms part of this Agreement. (d) This Agreement shall be read with any changes of gender or number required by the context. 14. If any of the provisions of this agreement are found by a court of competent jurisdiction to be unenforceable it shall not affect the enforceability of each and every other clause contained herein. 15. Every provision of this agreement by which the Developer is obligated in any way is deemed to include the words "at the expense of the Developer and to the Township's satisfaction" unless specifically stated otherwise. 16. The Developer agrees to execute such further and other agreements as may be requested by the Township from time to time to give effect to the full intent and meaning of this agreement. 17. This agreement shall be governed by and has been constructed in accordance with the laws of the Province of Ontario and shall be treated in all respects as an Ontario contract. 18. The Developer consents to the registration of this agreement on the lands by the Township at the sole discretion of the Township. 19. It is agreed that the Township shall be at liberty in its sole discretion to waive any or all of the provisions of this agreement and that such waiver shall not affect in any way the enforceability of this agreement. 20. In the event of any transfer of any beneficial ownership of interest in the property or in the event of any change in the ownership of the principals of the Developer, then, at the sole discretion of the Township, this agreement may be terminated upon written notice by the Township. 21. For greater certainty it is specifically acknowledged and agreed that the burden of this Agreement shall run with the said lands. 22. In this Agreement "Developer" shall include any owner of said lands from time to time. 23. This Agreement will terminate upon fulfillment of the requirements of Section 8.1 (Overall Lot Development Plan & Individual Site Plans) and Section 8.2 (Requirements for Building Permits) of the Subdivision Agreement. 24. This agreement shall be binding on the Parties hereto and shall ensure to the benefit of their successors and assigns. In Witness Whereof the parties hereto have executed this Agreement Amendment as of the 28th day of October, 2020. The Corporation of the Township of Oro-Medonte Per: % H.S. H}ighes, Mayor Per: Q Y. Aubichon, Clerk I/We have authority to bind the Corporation / 1157391,Ontario Inc. Per: (Sign'ature) Name: `1r 1_ OZ6:fI16t- (Print) Position: �QES/vr (Print) I have authority to bind the Corporation 9 Schedule "A" Note: It is understood and agreed that this Schedule forms part of the Model Home Agreement between the Corporation of the Township of Oro-Medonte and 1157391 Ontario Inc. Description of Lands: Part of Lot 16, Concession 11 (Oro) Part 1, 51 R-41100 Township of Oro-Medonte, County of Simcoe PIN # 58547-0168(LT) Schedule "B" Note: It is understood and agreed that this Schedule forms part of the Model Home Agreement between the Corporation of the Township of Oro-Medonte and 1157391 Ontario Inc. Developer's Liabilities and Security Requirements: 1.1 Developer's Liabilities The Developer shall, from time to time and at all times, hereafter truly save, defend and keep harmless and fully indemnify the Township from and against all loss, costs, charges, damages and expenses which the said Township may at any time or times hereinafter bear, sustain, suffer, be at or be put into for or by reason or on account of all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer performing or not performing his obligations set out herein that shall arise up until the Township has issued the Certificate of Substantial Completion and Acceptance (Aboveground Services). 1.2 Security Amount Cash or Letter of Credit to be provided by Developer to ensure compliance with the terms of this Agreement, at $20,000.00 a rate of $20,000 per model home.