2021-051 By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Braestone Dev. CorpThe Corporation of the Township of Oro-Medonte
By -Law No. 2021-051
A By-law to Authorize the Execution of a Subdivision Agreement between the
Corporation of the Township of Oro-Medonte and Braestone Development
Corporation
Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that municipalities may enter into agreements imposed as a
condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being:
Part of Lot 16 Concession 11 Oro Part 1 Plan 51 R-41100; Township of oro-Medonte,
County of Simcoe; PIN 58547-0168(LT)
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. That this By -Law shall come into effect upon the date of passage hereof, subject
to the provisions of the Planning Act, as amended.
By -Law read a First, Second and Third time, and Passed this 28th Day of April,
2021.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Huil es
Cie Yvonne Aubichon
Township of
Prod 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 -
1157391 ONTARIO INC.
Mire
THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE
DESCRIPTION OF LANDS
PART OF LOT 16 CONCESSION 11 ORO PART 1 PLAN 51 R-41100; TOWNSHIP OF
ORO-MEDONTE; PIN 58547-0168(LT)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
April 28, 2021
By -Law No. 2021-051
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 T' -
Declarations of Progress and Completion
Schedule "J" -
Winter Road Maintenance
Schedule "K" -
List of Lots Requiring Special Attention
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TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the 28th day of April, 2021.
BETWEEN: 1157381 ONTARIO 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 (2018-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 Ownership -be the registered owner in fee simple of the lands described
in Schedule "A" and that there will be no encumbrances registered against the
said lands.
1.1.2 Taxes -have paid all Township tax bills issued / outstanding against said lands.
1.1.3 Deeds and Easements - have delivered to the Township all transfers/deeds,
discharges and easements or other documents required by Schedule "C", as
well as Certification from the Developer's solicitor that the Transfer/Deeds and
Easements shall provide the Township with good title, free and clear from all
encumbrances.
1.1.4 Cash Deposits. Development Charges and Securitv - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D", "F" and "H".
1.1.5 Insurance Certificate — have filed with the Township Clerk, an insurance
certificate confirming those coverages specifically set out hereafter.
1.1.6 Postponement Mortgage/Charge — have filed with the Township's solicitor, for
their approval, a postponement of Mortgage/Charge document.
1.1.7 Developer's Consulting Engineer— 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 Engineerinq Plans, Details and Specifications - have supplied to the Township,
those Plans and Specifications necessary to identify the engineering design
aspects of the proposed development, found in the Township of Oro-Medonte
Development Engineering Policies, Process and Design Standards and have
received an acknowledgment of conformity with design concepts from the
Township.
1.1.10 Mvlar Drawings - provided for registration, Mylar Drawings of all M Plans
1.1.11 Electrical Distribution 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.
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1.1.12 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.
1.1.13 Lake Simcoe Regional Conservation Authoritv - have filed with the Township,
a certificate from the Lake Simcoe Region Conservation Authority (LSRCA)
that the Developer shall carry out all the servicing works and
recommendations approved in all the reports required by the :Lake Simcoe
Region Conservation Authority.
The Developer agrees to maintain all existing vegetation up until a minimum of
30 days prior to any grading or construction on -site in accordance with 4.20b.-
DP of the Lake Simcoe Protection Plan.
The Developer agrees to indemnify and save harmless the Township of Oro-
Medonte and the LSRCA from all costs, losses, damages, judgements,
claims, demands, suits, actions, or complaints resulting from any increased
flooding or erosion to property and people as a result of the approved storm
water management scheme. The Developer shall obtain and maintain in full
force and effect general liability insurance with respect to the storm water
management works and system during the period that the Developer is
responsible for operating and maintaining the stormwater management works
and system.
1.1.14 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.
1.1.15 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
Lake Simcoe Region 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
1157391 Ontario Inc.
1.2.1 Terms of Retainer - The terms of the Engineering Consulting retainer with the
Developer shall be as follows:
Contract Administration and Representation - To prepare the necessary
contract(s) and provide contract administration on behalf of the
Developer and to act as the Developer's representative in all matters
pertaining to the subdivision;
ii) Design Drawinqs. Details and Specifications - Prepare and furnish all
required design drawings, details and specifications in accordance with
the Township of Oro-Medonte Development Engineering Policies,
Process and Design (April 2016);
iii) Cost Estimates - Prepare cost estimates for the Township services to be
constructed in accordance with the design drawings, details and
specifications;
iv) Approvals - Obtain all necessary approvals in conjunction with the
Township, from the Township of Oro-Medonte water and sewage
approval authority, Ministry of the Environment, Conservation and Parks,
Simcoe County District School Board and Simcoe Muskoka Catholic
District School Board, Lake Simcoe Region Conservation Authority,
Canada Post, Electricity and Natural Gas utility companies, and all other
agencies (as required);
v) Erosion and Siltation Control - Ensure all necessary precautions and
maintenance actions are taken to prevent erosion and sedimentation of
sewers, ditches, culverts, slopes, etc., both within the subdivision and
downstream, prior to and during construction in accordance with the
Township of Oro-Medonte Development Engineering Policies, Process
and Design (April 2016);
vi) On -Site Supervision and Inspections - Provide supervision and all on -site
inspections at all times during the construction of Township service
installations to ensure that the work involved in construction of the
services is carried out by construction methods conforming to acceptable
engineering and construction practices;
vii) Schedulinq. - 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 Drawinqs - Prepare and submit certified final "As -
Constructed" drawings which shall include the following with regard to
provision of a digital Plan of Subdivision after the acceptance of the
Township services.
Change in Retainer — If at any time during the project:
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 Digital Submission of Enqineerinq 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;
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.
1.3 LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by registered mail addressed
to the Developer at his principal place of business and shall be effective as of the date
of the deposit thereof in the post office, as follows:
1157391 Ontario Inc.
303 Sunnybrae Ave.
Innisfil, ON
L9S OK9
(705)431-2268
Or by Electronic Mail: wayne@anthomes.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.
1.4 REGISTRATION
The Developer consents to the registration of the Subdivision Agreement by the
Township and at the sole discretion of the Township upon the title of the lands, the
registration expenses shall be included as a legal expense to the Developer.
1.5 VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of signing this
Agreement, the Township may, at its option, declare this Agreement to be null and
void.
1.6 MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event the mortgagee(s) becomes the
Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or
otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be
postponed to this Agreement and any lands registered in the name of the Township
shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge
of the mortgage(s) on those lands if called upon by the Township, to do so, and the
mortgagee(s) shall be subject to the terms of the Agreement as though the
mortgagee(s) had executed this Agreement in the capacity of the Developer.
1.7 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of their assigning or transferring the
mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms
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 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 stating that the
Developer has entered into satisfactory arrangements with the electrical 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.
The Developer agrees to advise all prospective purchasers, renters and lessees that
noise, exterior lighting, portable classrooms, and increased traffic on neighbouring
streets during peak a.m. and p.m. hours and during special events are normal
operating conditions for a school.
The Developer agrees to install a chain link fence along the property line that borders
East Oro Public School's property as shown on the WMI & Associates Engineering
Drawings accepted for Construction by the Township on February 2, 2021.
The Developer agrees that the existing trees located along the property line of East
Oro Public School and the proposed residential development shall remain in place as
is.
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.
The Developer agrees that:
a) Prior to offering any of the residential units for sale, to place the "January 8,
2021 Community Display Map" on the wall of the sales office in a place readily
available to the public which indicates the location of all Canada Post
Community Mailbox site locations, as approved by Canada Post and the
Township of Oro-Medonte;
b) To include in all offers of purchase and sale a statement, which advises the
prospective new home purchaser that mail delivery will be from a designated
Community Mailbox, and to include the exact locations (list of lot #s) of each of
these Community Mailbox locations; and further, advise any affected
homeowners of any established easements granted to Canada Post;
c) The owner/developer will be responsible for officially notifying the purchasers of
the exact Community Mailbox locations prior to the closing of any home sales
with specific clauses in the Purchase offer, on which the homeowners do a sign
off;
d) To provide the following for each Community Mailbox site and include these
requirements on appropriate servicing plans:
i) A Community Mailbox concrete base pad per Canada Post
specifications;
ii) Any required walkway across the boulevard, as per municipal standards;
and
iii) Any required curb depressions for wheelchair access;
e) To determine, provide and fit up a suitable gravel area 60 to 90 days prior to the
first occupancy to act as a Temporary Community Mailbox location(s) which
may be utilized by Canada Post until the permanent mailbox pads, curbs,
sidewalks and final grading have been completed at the permanent CMB site
locations. This is will enable Canada Post to provide mail service to new
residences as soon as homes are occupied. Specifications for this gravel area
will be provided at the time the developer notifies Canada Post of the first
occupancy date. (The developer should provide evidence of how they intend to
co-ordinate this activity in a timely manner to a safe and clean usable area);
f) There will be no more than one mail delivery point to each unique address
assigned by the Municipality; and
g) To contact Canada Post directly to communicate the first occupancy date at
which time Postal Coding will be provided.
h) To notify all new homebuyers of the process to initiate Mail Delivery.
10
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.
1.13 COUNTY OF SIMCOE
That the Developer acknowledges that based on preliminary designs, the County of
Simcoe has confirmed that County waste collection services are feasible for this
development. The County is not required to provide waste collection services along
unassumed roads until such time they are assumed by the municipality. The County
may, however, commence waste collection services prior to the municipality assuming
the road once an appropriate level of residency has been confirmed by the County.
Such early provision of waste collection services is contingent upon regular access
being available on the road and is subject to a request being approved by the County
Solid Waste Management Department. This may require temporary turnarounds to be
constructed depending on the phasing of the development. The Owner/Developer
acknowledges that should road access be blocked due to road construction, parked
vehicles, insufficient snow removal, etc., or should any temporary turnarounds not be
constructed to the County's standard, service disruptions will occur. The
Owner/Developer is responsible for providing waste collection services until such time
as the County has confirmed that the access restriction has been satisfactorily
remedied.
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 EMERGENCY ACCESS AND STORMWATER MANAGEMENT BLOCKS
ADVISEMENT
The Developer agrees to advise all prospective purchasers, renters and lessees that
information will be provided on all community information maps (January 8, 2021
Community Display Map) and promotional sales materials, providing notice as follows:
a) That any encroachments of any kind are not permitted in the stormwater
management and emergency access block (Block 11).
b) That an emergency access is intended between Block 11 and 15/16 Side Road
and that such use may result in emergency vehicle traffic on the street and
adjacent to or in the vicinity of the property. Purchasers are further advised that
properties adjacent or in proximity to said emergency access may be affected
by noise and lighting from such uses.
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.
1.16 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, 1.14, 1.15, 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).
1.17 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.
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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.
1.18 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and their
heirs, executors, administrators, successors and assigns.
12
PART-2
THE LANDS, PLANS AND REPRESENTATIONS
2.1 SCOPE OF AGREEMENT
2.2 DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in Schedule "A" hereto.
2.3 PLAN REFERENCE
For the purpose of this Agreement, references are made to the Plan of Subdivision,
attached hereto, as Schedule "B". Any further changes in the said Plan, or any
changes in the Conditions of Draft Approval, may necessitate a change in the
provisions of this Agreement.
2.4 CONFORMITY WITH AGREEMENT
The Developer agrees to satisfy all the requirements, financial and otherwise, of the
Township concerning the provision of roads, the installation of services and drainage.
The Developer covenants and agrees that no work shall be performed on the said
lands except in conformity with:
2.4.1 The provisions of this Agreement, including the Schedules herein after referred
to.
2.4.2 The Plans and Specifications submitted to and accepted by the Township as
being within the Township of Oro-Medonte Development Engineering Policies,
Process and Design Standards including, without limiting the generality of the
foregoing, the Drawings listed in Schedule "G" of this Agreement, along with the
Detailed Stormwater Management Report dated May 2020 prepared by WMI &
Associates and stamped "ACCEPTED FOR CONSTRUCTION" by The Jones
Consulting Group Ltd., the Township's Engineering Consultant on February 2,
2021.
The Engineerinq Desiqn Drawinqs (as a minimum) are as follows:
Description
• Title Page / List of Drawings
• General Servicing Plan(s)
• Site Grading Plan
• Plan & Profile 1 — Eagle Way Court A STA: 0+000-0+230
• Plan & Profile 2 — Storm outlet STA:0+000-0+129
• Stormwater Management Facility Plan
• Erosion & Sediment Control Plan
• Detail Sheet 1
• Legal Plan
• Hydro One
• Electrical Layout Drawing
• Photometrics
• Electrical Details
• Lighting Details
• Arborist Plan ARB-1
• Arborist Plan ARB-2
• Arborist Plan ARB-3
• Overall Landscape Plan LP-1
• Details D-1
• Details D-2
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Refer to Schedule "G" for a complete list of Drawings
2.5
2.6
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 Electrical Distribution Utility
2.4.3.3 Township of Oro-Medonte
2.4.3.4 County of Simcoe
2.4.3.5 Lake Simcoe Region 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.
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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 Enaineerina Desian Drawings
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 1239-BQNSN6) and dated June 30, 2020.
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 Schedulina of Sevicina 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 Lake
Simcoe Region 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 Interim Stormwater Quality Guidelines.
The Developer agrees to provide the Township of Oro-Medonte with an
easement for conveyance of stormwater through the private property located at
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1461 15/16 Side Road, described as Part 4, Plan 51 R-39524, PIN 58547-0156,
to the existing Stormwater drainage system at 15/16 Side Road.
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 Lake Simcoe Region Conservation Authority. Prior to any earth works,
grading or construction commencing on the site or final approval and
registration of the subdivision, the Developer's Consulting Engineer shall submit
the Plan for approval by the Township's Engineering Consultant and the Lake
Simcoe Region Conservation Authority.
The Plan shall detail the means whereby erosion and siltation and their effects
will be minimized on the site during and after the construction period. The Plan
must deal with post development stormwater quality and shall conform to the
Ministry of Environment, 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 Lake Simcoe Region Conservation Authority. The
Developer agrees to maintain all erosion and siltation control devices in good
repair during construction and until such time as the Subdivision is Assumed by
the Township.
3.1.9 Signs
Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the
Developer at each entrance to the subdivision, at a location approved by the
Township's Engineering Consultant, and 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.
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The Developer shall complete the municipal servicing works expeditiously and
continuously for the first phase and all underground services shall be installed
within one year of the day of registration of this Agreement.
All municipal services shall be installed in accordance with the Declaration of
Progress and Completion, as required under Clause 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:
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.
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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 Drainaqe Act and the
Municipal Act, 2001, S.O. 2001, c.25 at present serving this property and
assessed against it.
In
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
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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 Occupancv and Lot Gradinq Deposit -the Developer or Individual Lot Owner
shall deposit with the Township, the required Final Occupancy and Lot Grading
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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 Liability/Environmental Impairment - such policy
shall carry limits of liability in the amount to be specified by the Township, but
in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00)
inclusive comprehensive general liability, environmental impairment liability in
an amount not less than FIVE MILLION DOLLARS ($5,000,000.00), and such
policy shall contain:
a) a cross -liability clause;
b) product/completed operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required 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 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.
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
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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.
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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 10 Plan 51 M-
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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 UTILITIES
6.2.1 Any development in conjunction with the subdivision must not block vehicular
access to any Hydro One located on the right-of-way.
6.2.2 The Developer shall make arrangements satisfactory to Hydro One for the
crossing of the Hydro One right-of-way by the proposed roads. A separate
proposal shall be submitted to Hydro One area offices for these future road
crossings.
6.2.3 The cost of any relocations or revisions to Hydro One which are necessary to
accommodate this subdivision will be borne by the developer.
6.2.4 The easement rights of Hydro One 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
of up to three 2.4 metre or taller hardwood trees on those lots not having any
tree cover.
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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.
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
traffic, that have not had asphalt surfaces applied, in quantities sufficient to prevent
any dust problem to traffic or home occupants, to the satisfaction of the Township.
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Until the Certificate Acceptance and Final Assumption has been issued, the Developer
shall undertake water flushing and mechanical sweeping and cleaning to those roads
within the subdivision and/or utilized by construction traffic, that have asphalt surfaces
applied, sufficient to prevent any dust problem or mud tracking to traffic or home
occupants, to the satisfaction of the Township.
If the Developer has not taken remedial action within twenty-four (24) hours of
receiving a written notification (via facsimile and /or email) from the Township and/or
Township's Engineering Consultant 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
and every day the said services are behind schedule of construction, and NO
FURTHER BUILDING PERMITS SHALL BE ISSUED.
in
6.11.3 The Developer recognizes that top lift of asphalt shall not be placed until 70%
(seventy per cent) of the lots have been fully developed and completed and
dwellings have been issued a Certificate of Final Occupancy.
6.12 PROGRESS OF MUNICIPAL SERVICING WORKS
The 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.
6.13 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any time, or from
time to time for the purpose of making emergency repairs to any of the servicing
works. Such entry and repair shall not be deemed an acceptance of the servicing
works by the Township or any assumption by the Township of any liability in
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connection 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.
II. Such use shall not be deemed an acceptance of the servicing works by the
Township, and;
III. Such use shall not in any way relieve the Developer of his obligations in respect of
the construction and maintenance of the servicing works so used.
6.15 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 Site Grading
Plan SGR, Stormwater Management Facility Plan SWM, Plan and Profile 1 —Eagle
Way Court, Plan & Profile 2 Storm Outlet, prepared by WMI & Associates 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 Site Grading Plan SGR, inclusive, prepared by WMI &
Associates 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
Township from and against all claims, demands, actions or causes of action
whatsoever arising as a result of the Township or of its servants or agents entering
upon the lands for the purpose of correcting drainage problems. The cost of such
work will be for the account of the lot owner. Any invoices not paid within thirty (30)
days after the due date, shall be added to the tax roll and collected in a like manner as
realty taxes, as per Section 446 of the Municipal Act, 2001.
OW
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.
29
PART — 7
7.1
7.2
BUILDING AND SEWAGE SYSTEM PERMITS AND OCCUPANCY
OVERALL LOT DEVELOPMENT PLAN & INDIVIDUAL SITE PLANS
7.1.1 The Developer further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building or Sewage
System Permit for any part or portion of the said lands or on any lot therein, and
no Building or Sewage Permit shall be issued until a Certificate of Substantial
Completion and Maintenance has been issued.
7.1.2 The Developer's Consulting Engineer shall prepare an Overall Lot Development
Plan for approval by the Township and/or Township's Engineer Consultant and
the Lake Simcoe Region 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, Site
Grading Plan, Erosion & Sediment Control Plan, Stormwater Management
Facility Plan, Hydro One, Electrical Layout Drawing, Photometrics, Electrical
Details, Lighting Details prepared by WMI & Associates Limited to the
satisfaction of the Township and the Township's 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 a stormwater management
block 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.
REQUIREMENTS FOR BUILDING PERMITS
The Developer acknowledges and agrees that final approval or registration of the Plan
of Subdivision approval by the Township, or the acceptance by the Township of the
servicing works set out in this Agreement shall not be deemed to give any assurance
that Building Permits, when applied for, will be issued in respect of the lots or blocks
shown on the Plan of Subdivision.
The Township reserves the right to withhold building permits until the requirements of
this Agreement, and all other requirements of all relevant agencies, have been
completed to the satisfaction of each agency, and the Township has been notified in
writing of satisfaction of these items by the relevant agency in addition to the
30
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, 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 Site Grading Plan.
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.
(viii) Arrangements have been made and approved by the Township for Municipal
Address System numbering, as set out in Clause 8.5.
31
(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 Site Grading Plan for the subdivision. Any variance to the Site
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 Site 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:
(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.
32
(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 Site 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
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
33
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.
919
Zl;t
SUBSTANTIAL COMPLETION AND MAINTENANCE
in 17E
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) Other Utilities Servicing (Gas, Hydro, Bell, Cable TV, etc.)
Iv) Traffic Signage (temporary as applicable)
v) Streetlighting (erected and energized)
vi) Granular Base Course and Granular Surface Course
vii) Base Course Asphalt
viii) Roadside Ditches and Shoulders
ix) 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:
• Maintaining road surfaces, curbing, ditches, sidewalks / trails, fencing, signage
and all other above ground Municipal Servicing Works
35
• 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
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.
37
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.
38
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 28th day of April, 2021.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per Per�'�
H. S. Hugres Y. Aubichon
Title Mavor Title Clerk
1157391 ONTARIO INC.
Per .�
Wayne
Ezekiec/
Title President
39
SCHEDULE"A"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391
ONTARIO 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 Oro), in the County of Simcoe, and being
composed of the whole of the lands described as follows:
PART OF LOT 16 CONCESSION 11 ORO PART 1 PLAN 51 R-41100; TOWNSHIP OF
ORO-MEDONTE; COUNTY OF SIMCOE, PIN 58547-0168(LT)
o
SCHEDULE"B"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391
ONTARIO INC.
PLAN OF SUBDIVISION
51M- Lots 1-10
Block 11
41
SCHEDULE"C"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391
ONTARIO 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 11 to be deeded to the Township of Oro-Medonte as stormwater management
pond block.
The 6.0 metre easement over Lots 4, 5, 6, 7 and 8, Plan 51 M- ; to be
granted to the Township of Oro-Medonte for storm drainage works installation and
maintenance purposes. Refer to Parts 1, 2, 3, 4, and 5 of Plan 51 R-
42
SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391
ONTARIO 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
Development Charges Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990,
c.E.2, may be amended or superseded by subsequent By -Laws enacted in accordance with
the respective legislation.
(iv) Development Charges in accordance with the County of Simcoe's By-law at the rate
applicable, upon the issuance of the first building permit for each lot upon which charges are
payable.
43
SCHEDULE"E"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391
ONTARIO 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 ]CC 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 Aoreement between our said customer and the Corporation of the Township
of Oro-Medonte, with Mortoaoe Comoanv. as a third party, regarding subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing,
given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit
will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition
hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically
extended without amendment from year to year, from the present or any future expiration date hereof,
unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in
writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any
additional period.
Dated at , Ontario, this day of 2021.
Authorized Signature
Bank of
Authorized Signature
SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391
ONTARIO INC.
PARKLAND DEDICATION / CASH IN LIEU
Cash In Lieu $ 20,000
45
SCHEDULE"G"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391
ONTARIO 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 East Oro Estates subdivision (1157391
Ontario Inc.) in the Township of Oro-Medonte.
LIST OF DRAWINGS
Description
TITLE PAGE/LIST OF DRAWINGS
Draft 51 M- Plan
Draft Reference Plans 51 R-
General Servicing Plan
Site Grading Plan
Plan & Profile 1 — Eagle Way Court A STA: 0+000-0+230
Plan & Profile 2 — Storm outlet STA:0+000-0+129
Stormwater Management Facility Plan
Erosion & Sediment Control Plan
Detail Sheet 1
Hydro One
Electrical Layout Drawing
Photometrics
Electrical Details
Lighting Details
Arborist Plan
Arborist Plan
Arborist Plan
Overall Landscape Plan
Details
Details
Drawinq No.
GEN
SGR
PP-1
PP2
SWM
ESC
DS1
00325-19-225
E1
E2
E3
E4
ARB-1
ARB-2
ARB-3
LP-1
D-1
D-2
Note: The aforementioned drawings were stamped "Accepted for Construction" by the
Township's Engineering Consultant on February 2, 2021.
124
SCHEDULE"H"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO
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
A) Removals $500.00
B) Stormwater Drainage System $102,770.30
C) Erosion & Sediment Control/Earthworks $72,619.00
D) Road & Surface Works $148,963.40
E) Landscaping $16,464.10
SUB -TOTAL $341,316.80
10% Allowance for Engineering and Supervision $32,485.27
13% HST $46,453.94
TOTAL COST $420,256.01
LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT
TOTAL SECURITIES FOR SUBDIVISION AGREEMENT
$420,256.01
less CURRENT PRE -SERVICING SECURITIES
$126,800.00
ADDITIONAL SECURITIES TO BE POSTED
$ 293,456.01
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 1157391
ONTARIO INC.
LETTER OF CREDIT SUMMARY
East Oro Estates
Townsh)o of Or"adonte
Estimate for Securities
Owner.
AN.T.i
Rem ( DescriptionNo.
1 IEx.450mm wrrertentlance culvert
Sedlon B-S ormwaterOroinalle System
1 Suppy& Install storm sewers
a) 300mm 0 mainline pipe
b) 375mm 0 mam6re p7pe
c) 450mm 0 ma)ntinepipe
2 Supply & Instal stomp structural;
a) 600mm x6Mnm standard cater basin
b) 600mm x600mmd9ch Inlet catch basin
c) 1200mm 0 manhole
3 Supply & Instal 150mm 0 subdmN(exclu(rm9 Eagle Way Court ROW (rich subdrWn)
4 Suppy& Instal driveway and mad wsskhg culverts
a] 300mm 0
b) 450mm 0
c) 525mm 0
d) 600mm 0
5 Suppy& Instal drainage blanketbelawSWM pond
a) 500mm deep sand& gravel(Uw titerfabdc)
b)150mm subdrain
6 Complete SWMmcMywo*
a) Exravafsln & We grading (Ind weirs. berms. swale, etc.)
b) Hydra seed pond
7 Supply & Instal M mp(cAv Bterclom undeday)
8 Conshuct& rme grade drainage swales
a) 400mm deep enhanced grass swale
b) 150mm deep lotOreswale
p) SOmm deep SWI4 mcilyou0et swale (rAy 3091ftm granular IN)
wwMFScnvm..�.u.....u.......yxintD1e118�]IICanWrvtltan6e3IN o1_Crtad_Estivafezl2tOi4_Searoy_Fstala
Page 1 a12
WMl& Associates Limited
119ColilerStreet Erin e,Onlmm tAM1H5
p (70S) 797-2027 1(705)797.2028
Pmlect EastOmEstates
PMect No_ 18471
Date: Jan27M
Prepared By. AW
Reviewed By. SM
Contractor
(WMI Cost Esthate)
Esibrmted Unit Unft Price Told
Ouantly
1 LS S 500.00 S Moulp
I I
SectJon AToml: $ 500.001
4.8 m S 165" 5 792M
73.8 m 15 165.00 $ 13.653.001
3.6 In 1 S 255.00 $ 918A0 1
1 ea.15
583
1.800"
S 1,800D01
1 ea. Is
1,800.00
S 1,800M
2 ea.
S
4,90000
S 9,800.00
In
S
7990
I 10.69700
4 ea. IS
1,500D0 $
8 ea. I*
1,850.0D S
1 ea, IS
2,200M $
1 ea. IS
2,500.00 6
167.1 re IS 35.00 S
728 m IS 1900.5
1 LS 1 S 15,000.00 S
1250 Is 170 S
110 re IS 45.00 S
254 m 1S
261 In IS
70.1 Ins IS
Section STotal:
15M S
11.00 S
2600 I
6,000 00
14,800A0
2,200.00
2500.0D I
5.848.501
1,38320 1
15,000.00
Z125801
4.95000
3,810 W
Z871.00
1,822M
S 102,77030
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 1157391
ONTARIO INC.
LETTER OF CREDIT SUMMARY
Page2dZ
W aY a Aszceiales LimdeG
1Y9 CogierSbeef,Banie,Oo}ado L4MIHS
East Oro Estates
P(705)737-2ou E(7U5)79745128
T hi n4O Medenle
Project Eastom Estates
Pmjed!4b IS471
ESWmatefnr SeCUdffOS
Do's: Jaa27MI
Pmpmed By: AW
RevY_ied By: SM
O1V .. ConVaCA&nkjW 1M-
Conbaclac
AN.T. Haves Mlday-,!c .Ltd.
(V7Ml Cod Es&v )
Oem
Desaq+eso
Ee.,s d Ueal UTAP&e Tool
No.
Ch.1v
Section C-Erosim and Sediment conbm 7 6dbamrks
1 Supply,inshH8mai%WnsedanentSems7oncm&Ws
a)Mud Mat
1 ea. S
2.350.00 S
2.350.W
b)SKFen
1 LSI3
75W.W S
7.500.00I
c) RockBowcieddams
8 ea.IS
400.00 5
740MOOI
cQ Sbawbat d.7 kdams
13 W.I4
so" 3
850.00I
2
ropsashippit8(appmc 02mdcp BROW SSWMPmd)
W12 m +IIS
375 $
2470,00 I
3
Cdb®-(RBSWMpot%Q-e=ksaVb=Wogfwfpi
OW
372 A3
7.W S
7e04.00
4
Eadh ad 5 SWTft amp CROW ESWM pond)
2515 mal5
&N 5
13.8325D
5
Su62adcSb-&-dpeW-fi ,5negmdng(PAW)
47M m'-IS
1
375 $
18,497b0I
I
Sedan CTotai-
S
72:819DOI
I
SecH=U-R ad SSur mWork%
f
Suppy,pbm&a pactmadm afzft
a)40mmt0.4Vxfa P•n
20M ma S
IIDO 5
27=00
b)SOmm Ht86aseasphaY
2083 FIS
12.5D S
2.M.50I
a)t50om9�aoubr A•(base)
2003 m'IS
am S
1E,5mm
d) 3OO=6mnnbr'8•(sebbase)
2510 I S
11.00 S
27810D0 i
2
Supyand WmAai sub&,A. w"Eagle WayC=Ij
470 m IS
IGLOO S
8.030.00I
3
Lmads ped Bmkwxd8rme9mde Eagle WaycouddPch-TopSoia Sad
24W m' S
7b0 5
IaDOROO
(mavnwr Y50mm tapzoi depOQ
4
Sup*&krdai SWMb fty�Aaess Road
330.2 mFIS
12D0 3
4SMAOI
5
Sked StA.ge
2 * 1$
450.00 S
QDO.001
6
SkedLwft
a)SuppyaMinstalstreetfgb5nprabie pWzgmood.
230 m 5
122 5
2.81750
b) Suppyanda9d53mmaeetF&*V=ndWL
230 m S
72 $
4.ed7O
c) SppyandktsWpo pedestals cw=elebas ommxft-
1 ea $
3.925M 5
"MOO
d) S1W1YWAb5WSk dT2N. kSlu Pdq LED bmeuke, 7usksgaM Wvi'uti0ns.
4 ea S
32WDO $
13AOO.W
Sectioo0Totat
S
148,961AOI
1
Sub TobL
S
324.M70
Coat-O. oy(/0%)
S
3248.527
HST(13%)
S
43.453.g4
ToblC
S
403221SI
NOTE PRESERVICMOSECURISYAMOUNC POSTEDS128,800.W
[EM IS NOT INCLUDED 02 ABOVE)
nwltlStRVER's�Nsereroa�'^^vr.
""'it0.1r17aCarilolClaY4.�rO[CI!<Ot l3kmafeaL+im27 Oem2y Eda¢
E4
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 1157391
ONTARIO INC.
LETTER OF CREDIT SUMMARY
The following estimate will vary according to location, available quantities, labour and market prices at time of order.
city I Botanical Name
Common Name
I size
I Condition
Installed
Total Cost
mm caUht
CosUUnit
Trees
I
I 6 1 Acerrubrum
Red Maple
50mm cal
WB
$ 530.00
$
2.650.00 I
I 5 Acersaccharum
Sugar Maple
50mm cal
WB
$ 470.00
$
2.350.00 I
I 3 Betufa papyrifera
Paper Birch
50mm cal
WB
$ 340.00
$
1.020.00
5 Gleditsia tricanthos var inermis
Shademaster
50mm cal
WB
$ 490.00
$
2,450.00
'Shademaster'
Honeviocust
10 Ostrya Vrginiana
Ironwood
50mm cal
WB
$ 430.00
$
4,300.00 I
I 3 Picea glauca
White Spruce
2m ht
WB
$ 320.00
$
960.00 I
I Subtotal
$13.730.00 i
I Shrubs
I 7 Amelanchier canadensis
Sery ceberry
60cm ht
3 galpot
$ 20.00
$
140.00 I
10 Comus sericea
1
Red Osier Dogwood
6ocm ht
3 qal pot
S 20.00
$
200.00 I
10 Taxus canadensis
Canadian Yew
60cm ht
3 gal pot
S 50.00
$
500.00 I
Subtotal
$
840.00 1
1 Plant Material Subtotal
$14,570.00
I
I Sod/Seed
Stormpond seed (OSCSimcoe County Mix) by hydroseed method as secured
by Engineer
cost estimate
Boulevard seed (Kentucky Blue Grass/Fescue Mix by OSC) by hydroseed method as specified/secured in
1
Sod/Seed Subtotal
1
Total Cost Plant Material, Sod/Seed
$14,570.00
l
1 HST (rD 13%
$
1,894.10 i
I Total
1 $16.464.10
I
(amounts subject to rounding)
sac
SCHEDULE "I"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391
ONTARIO INC.
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION: EAST ORO ESTATES
DEVELOPER: 1157391 ONTARIO INC.
CONSULTING ENGINEER: WMI & ASSOCIATES LIMITED
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE AND 1157391 ONTARIO INC.
The Developer(s) dated ADril 28, 2021
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) Stormwater Management Pond June 25. 2021
c) Storm Sewers / Ditches / Basins June 25. 2021
d) Road Base - Granular "B" and Granular "A" Julv 5. 2021
e) Base Lift of Asphalt on or before Julv 30. 2021
f) Installation and Energization of Streetlighting July 30, 2021
g) Black Vinyl Chain Link Fencina September 24. 2021
h) Landscaping / Street Trees October 22, 2021
2. The Developer further agrees that the Township is hereby authorized to carry out, at
his expense, any of the work set out in this Declaration not finished on or before the
completion dates, to be commenced not sooner than one week following such
completion date, it being understood and agreed that the Township's authorization is
limited only to that work required under the Declaration;
3. The Developer further agrees to shall apply calcium or other Ministry of the
Environment, 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
51
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.
1157391�ONTARIO INC.
Per ///
at neie
Title President
Seal r Wit s 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 1157391
ONTARIO 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.
1157391
Per
Wayne Ez� iel
Title President
;��S I or Witn 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 1157391
ONTARIO 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