2021-039 By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Braestone Development CorporationThe Corporation of the Township of Oro-Medonte
By -Law No. 2021-039
A By-law to Authorize the Execution of a Subdivision Agreement between the
Corporation of the Township of Oro-Medonte and Braestone Development
Corporation
Whereas, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, provides that municipalities may enter into agreements imposed as a
condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being:
PCL 2-1 Sec 51-Oro-9; LT 3 Con 9 Oro Being the E'h & W'/z; Lt 2; Con 9 Oro being
the E'/z & W'/z; Pt. 1, 51R-21804, except Pt 1, 51R-28741 & Except Plans 51M1070,
51 M1113, 51 M1181 & 51 M1191; Township of Oro-Medonte, County of Simcoe
Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby
enacts as follows:
That the Mayor and 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 26'h Day Of May,
2021.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. ghes
Cie Yvonne Aubichon
Tow�aship o1'� s
Prond HerifaQe, Esciling Future
SUBDIVISION AGREEMENT
Pursuant to Sections 51(26) and 51 (27) of the Planning Act. R.S.O. 1990 c. P. 13
- between -
BRAESTONE DEVELOPMENT CORPORATION
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE
DESCRIPTION OF LANDS
THE E1/2 & W1/2 LOT 3 CONCESSION 9 ORO AND E1/2 & W1/2 LOT 2 CONCESSION 9
ORO, PART 1 PLAN 51R21804,SAVE & EXCEPT PART 1 PLAN 51R28741, PLAN
51M1070, PLAN 51M1113, PLAN 51M1181AND 51M1191; SAVING AND RESERVING
FROM THE E1/2 LOT 2 CONCESSION 9, ALL MINES AND MINERALS, WHETHER
SOLID, LIQUID OR GASEOUS, WHICH MAY BE FOUND TO EXIST WITHIN, UPON OR
UNDER SUCH LANDS; T/W FULL POWER TO WORK THE SAME AND FOR THIS
PURPOSE TO ENTER UPON, USE AND OCCUPY THE SAID LANDS OR SO MUCH
THEREOF AND TO SUCH EXTENT AS MAY BE NECESSARY FOR THE EFFECTUAL
WORKING AND EXTRACTING OF THE SAID MINERALS, AS DESCRIBED IN OR017078
SUBJECT TO AN EASEMENT IN GROSS OVER PART E1/2 LOT 2 CONCESSION 9 ORO,
PART 1 PLAN 51 R40262 AS IN SC1266952 TOGETHER WITH AN EASEMENT OVER
SCP460 AS IN SC1595230 TOGETHER WITH AN EASEMENT OVER SCP465 AS IN
SC1631380 SUBJECT TO AN EASEMENT IN GROSS OVER PART W1/2 LOT 3
CONCESSION 9 ORO, PARTS 1 & 2 PLAN 51 R42440 AS IN SC1671532 SUBJECT TO
AN EASEMENT IN GROSS OVER PARTS 1 & 2 ON 51R42732 AS IN SC1739421
TOWNSHIP OF ORO-MEDONTE
BEING ALL OF PIN 58532-0305 LT
May 26, 2021
By -Law No. 2021-039
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1
General Requirements
Part 2
The Lands, Plans and Representations
Part 3
Pre -Construction Requirements
Part 4
Financial Requirements
Part 5
Phasing of the Subdivision
Part 6
Construction Requirements
Part 7
Building Permits and Occupancy
Part 8
Substantial Completion and Maintenance, and
Acceptance and Final Assumption
Part 9
Default Provisions
SCHEDULES
Schedule "A" -
Description of Lands Affected by this Agreement
Schedule "B" -
Plan of Subdivision
Schedule "C" -
Deeds and Easements to be Conveyed
Schedule "D" -
Development Charges
Schedule "E" -
Standard Township Letter of Credit (Irrevocable)
Schedule "F" -
Parkland Dedication / Cash in Lieu
Schedule "G" -
Servicing Works to be Constructed
Schedule 'H" -
Itemized Cost Estimate of Servicing Works
Schedule "I" -
Declarations of Progress and Completion
Schedule "J" -
Winter Road Maintenance
Schedule "K" - Master Monitoring Document
Schedule "L" - List of Lots Requiring Special Attention
Schedule "M" - Form of No Occupancy Agreement
2
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the 26th day of May, 2021.
BETWEEN: BRAESTONE DEVELOPMENT CORPORATION
(hereinafter called the "Developer")
AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the 'Township")
WHEREAS the lands affected by this Agreement are the lands described in Schedule "A"
hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part
of this Agreement as Schedule "B" and collectively are herein referred to as the "said lands";
AND WHEREAS a Draft Plan with Conditions (43T-91031) have been issued for the
proposed subdivision, which requires that the Developer must satisfy all the requirements,
financial and otherwise, of the Township, including the provisions of certain Municipal
Services;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises
and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of
lawful money of Canada now paid by the Township to the Developer (the receipt whereof is
hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT
AND AGREE WITH ONE ANOTHER AS FOLLOWS:
3
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 Enaineer — Letter of Retention - ensure that each
Consulting Engineer (who must be experienced in the field of Municipal
Services) for the Developer, file with the Township, a letter confirming the terms
of his retainer, and which letter shall be in draft format supplied by the
Township.
1.1.8 Lot Sizes — have filed with the Township, a certificate from an Ontario Land
Surveyor confirming that the frontage and area of each lot meets the minimum
requirements of the Township Zoning By-law.
1.1.9 Engineerina 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.
1.2
1.1.12 Telephone. Natural Gas and Cable TV Utilities SuDDliers — have arranged for
Bell Telephone, the Natural Gas Utility, and the cable T.V. utility write a letter to
the Township Clerk confirming that:
1.1.12.1 They have been informed of the project and have seen the
development plans.
1.1.12.2 Satisfactory arrangements have been made with them for servicing
the subdivision without expense or obligation on the part of the
Township.
1.1.12.3 Easement requirements, if any.
1.1.13 Canada Post / Community Mail Boxes — have arranged for Canada Post to
write a letter to the Township Clerk confirming that:
1.1.13.1 They have been informed of the project and have seen the
development plans.
1.1.13.2 They have filed with the Township, a Plan showing the location of,
and access to, community mail boxes to their satisfaction and
satisfactory arrangements have been made without expense or
obligation on the part of the Township.
1.1.13.3 Easement requirements, if any.
1.1.14 Nottawasaoa Vallev Conservation Authoritv - have filed with the Township, a
certificate from the Nottawasaga Valley Conservation Authority that the
Developer shall carry out all the servicing works and recommendations
approved in all the reports required by the Nottawasaga Valley Conservation
Authority.
1.1.15 Fire Chief Approval — have obtained approval from the Fire Chief of
the Township confirming and approving of the proposed plans for fire
protection, and specifying any hydrants, or other equipment, or
appurtenances required.
1.1.16 Approvals — have obtained and filed with the Township, confirmation of
approvals from the following:
1.1.16.1
Ontario Ministry of the Environment, Conservation and Parks
1.1.16.2
Ontario Ministry of Natural Resources and Forestry
1.1.16.3
Ontario Ministry of Tourism, Culture and Sport
1.1.16.4
Township of Oro-Medonte
1.1.16.5
County of Simcoe
1.1.16.6
Simcoe County District School Board
1.1.16.7
Simcoe Muskoka Catholic District School Board
1.1.16.8
Electrical Distribution Authority (Hydro One)
1.1.16.9
Nottawasaga Valley Conservation Authority
DEVELOPER'S CONSULTING ENGINEER
The Developer shall employ a Professional Engineer (P.Eng), licensed by and be in
good standing with the Association of Professional Engineers of Ontario (PEO). The
Engineer or Engineering Consulting firm shall have a Certificate of Authorization
(C of A) to provide professional engineering services to the public:
A Letter of Retention from a qualified Professional Engineer (P.Eng.) experienced in
the field of Municipal Engineering Servicing Design confirming that their Engineering
Consulting firm has been retained by the Developer to act as Consulting
Engineers for Braestone Development Corporation.
1.2.1 Terms of Retainer - The terms of the Engineering Consulting retainer with
the Developer shall be as follows:
i_ Contract Administration and Representation - To prepare the
necessary contract(s) and provide contract administration on behalf
of the Developer and to act as the Developer's representative in all
matters pertaining to the subdivision;
ii. Design Drawinos. 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 (Revised September 2019);
iii) Cost Estimates - Prepare cost estimates for the Township services
to be constructed in accordance with the design drawings, details
and specifications;
iv) Approvals - Obtain all necessary approvals in conjunction with the
Township, from the Township of Oro-Medonte water and sewage
approval authority, Ministry of the Environment and Climate Change,
Simcoe County District School Board and Simcoe Muskoka Catholic
District School Board, Nottawasaga Valley Conservation Authority,
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 (Revised September 2019);
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) Schedulino - Ensure scheduling complies with the timing provisions of
this Agreement and the requirements of the Township's Engineering
Consultant and/or Manager, Development Engineering, for all the
servicing works specified in this Agreement;
viii) Co-ordination - Co-ordinate the installation of Township services to avoid
conflicts with regards to telephone, cable T.V., and Township services;
ix) Records Maintenance - Maintain records of all construction
inspections and certifications and make available for inspection or
copy by the Township and/or the Townships Engineering
Consultant;
x) As -Constructed Drawinos - Prepare and submit certified final "As -
Constructed" drawings which shall include the following with regard to
provision of a digital Plan of Subdivision after the acceptance of the
Township services.
Change in Retainer — If at any time during the project:
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 Diaital Submission of Enaineerina Drawinas
Completed digital Plan of Subdivision engineering drawings must be prepared
using the Township of Oro-Medonte Standard CAD format and shall use the
Township's Standard Symbol, Line Type, Line Thickness and Layering Scheme
shall be followed for all Drawings.
The lines, which describe the boundary of all properties created within the Plan
of Subdivision, will be isolated on a unique layer/level. In certain cases, some
of the line segments will coincide with the location of concession lot lines,
registered plan data, open roads, rivers, and lakes.
PLAN OF SUB LAYER will outline the property boundaries in the form of
enclosed polygons.
LAYER
PLAN OF SUB
LINE TYPE
CONTINUOUS
COLOUR
YELLOW (2)
The text, which describes the property lot numbers for the Plan of Subdivision,
will be isolated on a unique layer/level. The lot number will be inserted as
descriptive text.
LAYER
PL LT TEXT
FONT
MONOTEXT
COLOUR
YELLOW (2)
The digital files should contain enough site data as to allow for horizontal and
vertical positioning within the existing base mapping. A minimum of two road
intersections located outside the Plan of Subdivision must be shown in the
drawing.
All line data depicting property boundaries must be mathematically closed to
form polygons.
It is not necessary that the digital data be in Universal Transverse Mercator
(UTM) co-ordinates since the registration process will automatically convert any
unit grid to the "Ontario Base Mapping UTM Co-ordinate System".
Two (2) copies of each digital Plan of Subdivision design set are required on
separate CDs or DVDs in both AutoCAD drawing format in an AutoCAD version
acceptable to the Township and in PDF format. Each CD ROM or DVD must be
labeled identifying the legal property description, developer's name, file name,
and date delivered.
It is the Developer's responsibility to ensure that all drawing changes occurring
throughout the approval process are incorporated into the digital submission.
1.2.3 Lot Grading Certification
The Developer's Consulting Engineer shall furnish the Township with the
following Letters of Certification:
a) A letter to the Manager of Development Engineering for each Engineered Lot
Grading Plan (with respect to each lot or building block for which a Building
Permit application is made) - certifying that the proposed construction is in
conformity with the Lot Grading Plan or with an approved variation;
b) A letter to the Chief Building Official - certifying that the elevation of the
underside of the footing, and then the top of the constructed wall of the
building is in conformity to the elevation shown on the individual site plan,
and complies with the Overall Lot Grading Plan. Any variance shall require
the approval of the Township and/or the Township's Engineering Consultant;
1.3
1.4
1.5
1.6
c) A letter certifying the final grade elevation and Lot Development Plan, for
each lot or block within the plan indicating that the property has been
developed in conformity with the Engineered Lot Grading Plan or with an
approved variation;
NOTE: That a Professional Engineer, Ontario Land Surveyor or Certified Engineering
Technologist could also be retained to provide the aforementioned 1.1.3 a), b), or c).
Any cost incurred by the Township will be the responsibility of the Developer or
individual lot owner.
NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar Certificate as required under 1.1.3 a),
b), or c), which may be provided by a Professional Engineer, Ontario Land Surveyor or
Certified Engineering Technologist other than the Developer's Consulting Engineer,
however if the Township's Engineering Consultant prepares the Certificate, the cost of
the work will be deducted from the final occupancy and lot grading deposit and will
become the responsibility of the individual lot owner.
LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by registered mail addressed
to the Developer at his principal place of business and shall be effective as of the date
of the deposit thereof in the post office, as follows:
Braestone Development Corporation
85 Bayfield Street, Suite 500
Barrie, Ontario
L4M 3A7
Or by Facsimile Transmission to: (705) 730-1059
In which case, notice shall be effective as of the time and date of successful
transmission thereof.
The Developer shall be responsible for notifying the Township Clerk, in writing, of any
change(s) in his principal place of business.
REGISTRATION
The Developer consents to the registration of the Subdivision Agreement by the
Township and at the sole discretion of the Township upon the title of the lands, the
registration expenses shall be included as a legal expense to the Developer.
VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of signing this
Agreement, the Township may, at its option, declare this Agreement to be null and
void.
MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event the mortgagee(s) becomes the
Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or
otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be
postponed to this Agreement and any lands registered in the name of the Township
shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge
of the mortgage(s) on those lands if called upon by the Township, to do so, and the
mortgagee(s) shall be subject to the terms of the Agreement as though the
mortgagee(s) had executed this Agreement in the capacity of the Developer.
1.7 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of their assigning or transferring the
mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms
hereof, in the same manner as if the assignee or transferor has executed this
Agreement.
1.8 LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear from all
encumbrances unto the Township, lands for municipal purposes other than roads,
which shall be mutually agreed upon by the Developer and the Township or to make a
cash payment in lieu thereof, as provided by Section 51.1 of the Planning Act. R.S.O.
1990. c.P.13 and required by the Township of Oro-Medonte.
The Developer also agrees to certify good title to lands by the Developer's solicitor.
The deeds for the said lands are to be approved by the Township's Solicitor and
thereafter, forthwith, registered and deposited with the Township Clerk.
The Developer shall pay the cost for preparation and registration of the said deed.
The Developer shall provide to the Township's Solicitor, certification of good title, free
and clear from all encumbrances.
1.9 EASEMENTS
1.9.1 The Developer agrees to grant, at his expense, all such easements,
rights -of -ways and access or servicing blocks as may be required for the
installation and supply of Municipal Services to the subdivision or provide
Emergency Service Access (Fire, Police, Ambulance) and to deed lands to the
Township, as set out in Schedule "C".
The Developer also agrees to certify good title to easements, rights -of -ways
and access or servicing blocks by the Developer's solicitor. Prior to executing
this Agreement, all known easements, rights -of -ways and access or servicing
blocks shall be filed with the Township in a form approved by the Township's
Solicitor.
A list of easements, rights -of -ways and access or servicing blocks shall be set
out in Schedule "C" of this Agreement. The Township agrees to transfer
easement(s) on lands it owns following the registration of this subdivision plan
to the authority requiring the easement(s). All cost of the above noted
registration to be borne by the Developer.
1.10 ELECTRICAL. NATURAL GAS. TELEPHONE and CABLE TV UTILITIES
Prior to the Township releasing this proposed Plan for registration, the Developer shall
provide the Township with a letter from the electrical utility supplier, natural gas utility
supplier, telephone utility supplier and cable utility supplier, stating that the Developer
has entered into satisfactory arrangements with the electrical utility supplier, natural
gas utility supplier and the telephone utility supplier with respect to the costs of
installing underground wiring and financial contributions in this regard.
The cost of any relocations or revisions to existing private companies' plant and
equipment, which are necessary to accommodate this subdivision, shall be borne by
the Developer.
1.11 SIMCOE COUNTY BOARDS OF EDUCATION ADVISEMENT
The Developer agrees to advise all prospective purchasers, renters and lessees that
there are no schools planned within this subdivision, or within walking distance of it,
and that enrolment within the designated Public and Catholic school sites in the
community is not guaranteed, and that pupils may be transported to/accommodated in
temporary facilities out of the neighbourhood schools' area.
The Developer agrees to advise all prospective purchasers, renters and lessees that
school busses will not enter cul-de-sacs and that pick up points will generally be
located on through streets, suitable to the Board. Additional pick-up points will not be
located within the subdivision until major construction activity has been completed.
These clauses are to be placed in any Offer or Agreement of Purchase and Sale
entered into with respect to any lots on this Plan of Subdivision. The clause should
remain in perpetuity as lots may not be sold or built upon for some time.
1.12 CANADA POST
The Developer agrees to construct mailbox laybys as detailed on the engineering
drawings as per Section 3.11 Utility Coordination (3.11.1.1 Canada Post), a site, if
required, to the specifications and standards of Canada Post and the Township, as
required for the construction of mailboxes by Canada Post.
1.13 PRIVATE SEWAGE DISPOSAL SYSTEMS
The Developer and each individual lot owner, acknowledges that each owner shall be
responsible for the installation and maintenance of a subsurface sewage disposal
system in accordance with Part 8 of the Ontario Building Code.
1.14 MINISTRY OF ENVIRONMENT. CONSERVATION AND PARKS
1.14.1 The Developer and each individual lot owner, agrees to comply with the
requirements and recommendations of the Hydrogeologist's Report, July
1990, Buffalo Spring Hydrologic Site Assessment, Henderson Padden &
Associates Limited and a Supplement Hydrologic Investigation Ground Water
Quality and Nitrate Impact Assessment, Jagger Hims Limited, March 1992.
1.14.2 The Developer and the Township agrees to comply with the recommendations
of the Water Supply report entitled, "Application for Permit To Take Water -
Communal Water Supply Wells", Jagger Hims Limited, May 2008 (File 04-
91340.03) and Ministry of Environment Permit to take Water No.4076-7HFJB6
dated August 22, 2008.
1.14.3 The Developer agrees to restricting the maximum sewage flow for the
proposed Recreation Centre to 4,500 litres per day to the satisfaction of the
Township and the Ministry of Environment.
1.15 ENVIRONNMENTAL LONG-TERM MONITORING
1.15.1 The Developer shall carry out any monitoring required, as set out in the "2008
Master Monitoring Document Buffalo Springs Property prepared by Michalski
Nielsen dated Revised July 2009", and the "2019 Master Monitoring Report
Braestone project" prepared by Beacon Environmental dated July 2019,
attached to this Agreement as Schedule'W'.
1.15.2 The Developer will guarantee the operation and funding of the monitoring
program, to the fixed amount of $225.00 per lot, upon the sale of each lot,
until two years after the completion of the subdivision works and until such
time as 50 percent of the lots are developed. The Developer will guarantee
the operation and funding of the monitoring program by providing an amount
of $225.00 per lot upon the sale of each lot to the Treasurer of the Township
of Oro-Medonte and that such money will be held in a special fund to be
available for monitoring and for any remedial works which are required to
protect the wetlands from impacts generated from the development.
1.15.3 The Developer agrees to advise all prospective purchasers that a
"Homeowner's Environmental Stewardship Guide", prepared by Stantec
Consulting Limited revision date August 2014 has been prepared for their
consideration. The Developer further agrees to attach the "Homeowner's
Environmental Stewardship Guide" to each Offer of Purchase and Sale. The
"Homeowner's Environmental Stewardship Guide" will be available for review
at the Township of Oro-Medonte Administration Centre.
10
1.15.4 The Developer agrees to collecting, analyzing and interpreting baseline data
adjacent to the environmentally sensitive lands, as referenced in Schedule
"K", in accordance with the Master Monitoring Document. The monitoring
program will continue until two years after the completion of the subdivision
servicing works and until such time as 70% (seventy per cent) of the lots are
developed.
1.16 SAVE HARMLESS
The Developer covenants and agrees with the Township, on behalf of itself, its
successors and assigns, to indemnify and save harmless the Township, its servants
and agents from and against any and all actions, suits, claims and demands
whatsoever, which may arise either directly or indirectly by reason of any work
performed by the provisions of this Agreement.
The Developer further covenants and agrees to release and forever discharge the
Township from and against all claims, demands, causes of actions, of every nature and
type whatsoever that may arise either as a result of the failure of the Township to carry
out any of its obligations under this Agreement, or, as a result of the Township
performing any municipal work on the said lands or the adjacent properties which may
damage or interfere with the works of the Developer, provided that such default, failure
or neglect was not caused as a result of negligence on the part of the Township, its
servants or agents.
1.17 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and their
heirs, executors, administrators, successors and assigns.
11
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
Final Stormwater Management Report dated November 11, 2019, prepared by
Tatham Engineering and stamped "Accepted for Construction" by The Jones
Consulting Group Ltd., the Township's Engineering Consultant, on January 9,
2020.
The Engineering Design Drawings (as a minimum) are as follows:
Description
• Title Page / List of Drawings
• Proposed Legal Plan for Registration
- showing all lot, block and proposed easement numbering and dimensions
• General Servicing Plan(s)
• Composite Utility Plan(s)
• Overall Site Grading Plan(s)
• Preliminary Lot Grading Plan(s)
• Stormwater Drainage Design
• Stormwater Retention Pond Design
• Sanitary Collection Design
• Water Distribution Design
• Plan and Profile Drawings
• Electrical Design and Streetlighting Plan(s)
• Erosion Sediment and Silt Control Plan and Detail Drawings
• Standard and Special Details Drawings
• Landscape and Streetscape Plan(s)
• Parkland Development Plan(s)
• Grading Plan(s) for Park and / or School Blocks
Refer to Schedule "G" for a complete list of Drawings
12
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 Ministry of Natural Resources and Forestry
2.4.3.5 County of Simcoe
2.4.3.6 Nottawasaga Valley Conservation Authority
2.4.4 All applicable Township By -Laws, including any applicable Site Plan Control
By-laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the Federal
Fisheries Act.
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" -
Master Monitoring Document
Schedule "L" -
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.
13
PART-3
PRE -CONSTRUCTION REQUIREMENTS
3.1 PRIOR TO STARTING CONSTRUCTION
Prior to starting construction of the subdivision servicing works, the Developer shall:
3.1.1 Pre-Servicina
Obtain a Pre -Servicing Agreement, if necessary, prior to registration of the Plan
of Subdivision.
3.1.2 Plan Reaistration
Obtain final approval of the Plan from the Township of Oro-Medonte and obtain
registration of the Plan.
3.1.3 Approval of Enaineerina Desian Drawinas
The Developer and the Developer's Engineering Consultant(s) shall have the
Engineer Design Drawings Details and Specifications for the servicing works
approved by the Township's Engineering Consultant and/or Manager,
Development Engineering prior to construction and the originals must be
stamped as accepted by the Township's Engineering Consultant.
3.1.4 Environmental Compliance Aooroval
Submit to the Township, the Ministry of the Environment, Conservation and
Parks, Environmental Compliance Certificate for Water Distribution servicing
works (Number 32020-7MCRQM) and Storm Sewer works and Stormwater
Management Facilities (Number 3211-139YS7J, dated June 24, 2019).
3.1.5 Contractors and Sub -Contractors
The said services shall be installed by a contractor or contractors retained by
the Developer and approved, in writing, by the Township's Engineering
Consultant and/or Manager, Development Engineering. The Township and the
Township's Engineering Consultant are to be provided with the names and
phone numbers of personnel responsible for the servicing works, including
emergency phone numbers.
3.1.6 Schedule of Servicina Works
Prior to the start of construction, the Developer shall supply for the Township's
Engineering Consultant and/or Manager, Development Engineering, approval of
a Schedule of Servicing Works, setting out the order in which the various
sections of the servicing works within the Plan of Subdivision will be built. The
Township's Engineering Consultant and/or Manager, Development Engineering
may amend this Schedule and the Developer shall construct, install or perform
the servicing works as the Township's Engineering Consultant and/or Manager,
Development Engineering, from time to time, may direct. In any event the
Schedule, or amended Schedule, as the case may be, shall conform to the
requirements of Clause 3.1.10.
3.1.7 Stormwater Manaaement
A stormwater management report shall be prepared by the Developer's
Consulting Engineer for approval by the Township's Engineering Consultant
and/or Manager, Development Engineering and the Nottawasaga Valley
Conservation which details the means whereby stormwater drainage will be
accommodated and how erosion and siltation will be contained on site both
during and following construction.
14
This report must deal with post development stormwater quantity and quality
and shall conform to Ministry of Environment Interim Stormwater Quality
Guidelines.
3.1.8 Erosion and Siltation Control
The Developer shall take all necessary precautions to prevent erosion and
sedimentation of ditches, culverts, slopes, etc., both within the subdivision and
downstream prior to and during construction and upon completion of servicing
of the subdivision. Failing adequate precautions being taken, the Developer
shall be responsible for correcting any damage and paying all maintenance
costs resulting there from.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Consulting Engineer for approval by the Township's Engineering
Consultant and/or Manager, Development Engineering and the Nottawasaga
Valley Conservation Authority. Prior to any earth works, grading or construction
commencing on the site or final approval and registration of the subdivision, the
Developer's Consulting Engineer shall submit the Plan for approval by the
Township's Engineering Consultant and/or Manager, Development Engineering
and the Nottawasaga Valley Conservation Authority.
The Plan shall detail the means whereby erosion and siltation and their effects
will be minimized on the site during and after the construction period. The Plan
must deal with post development stormwater quality and shall conform to the
Ministry of Environment and Climate Change / Ministry of Natural Resources
and Forestry Interim Stormwater Quality Guidelines.
The Developer agrees to carry out, or cause to be carried out, the work
approved in the Plan, and such work will be certified, in writing, by the
Developer's Consulting Engineer and provided to the Township's Engineering
Consultant and/or Manager, Development Engineering and the Nottawasaga
Valley Conservation Authority. The Developer agrees to maintain all erosion
and siltation control devices in good repair during construction and until such
time as the Subdivision is Assumed by the Township.
3.1.9 Signs
Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the
Developer at each entrance to the subdivision, at a location approved by the
Township's Engineering Consultant and/or Manager, Development Engineering,
and the signs shall read as follows:
1. ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK
The signs shall be painted either orange or yellow with black lettering. These
signs shall be installed prior to the commencement of construction and be
removed after the issuance of the Certificate of Acceptance and Final
Assumption.
2. PROJECT NAME,
DEVELOPER'S NAME and PHONE #,
DEVELOPER'S ENGINEERING CONSULTANT'S NAME and PHONE #
DEVELOPER'S GENERAL CONTRACTOR'S NAME and PHONE #
These signs shall be installed prior to the commencement of construction and
be removed after the issuance of the Certificate of Acceptance and Final
Assumption.
15
3.1.10 Notification of Commencement and COMDletlon
The Developer shall not commence the construction of any of the servicing
works until the Developer has provided forty-eight (48) hours written notice to
the Township's Engineering Consultant and/or Manager, Development
Engineering, of his intent to commence work.
The Developer shall complete the municipal servicing works expeditiously and
continuously for the first phase and all underground services shall be installed
within one year of the day of registration of this Agreement.
All municipal services shall be installed in accordance with the Declaration of
Progress and Completion, as required under Clause 6.12 of this Agreement, but
no longer than two years from the date of registration of this Agreement, unless
extended by the Township's Engineering Consultant and/or Manager,
Development Engineering.
Subsequent phases shall be completed within a one (1) year time frame for
underground services and two (2) years for aboveground services from date of
commencement. Should for any reason there be a cessation or interruption of
construction, the Developer shall provide forty-eight (48) hours written notice to
the Township's Engineering Consultant and/or Manager, Development
Engineering before work is resumed;
If the municipal services to be constructed by the Developer under this
Agreement are not completed and accepted by the Township within the above
time frame, the Township may either:
Issue a Stop Work Order to the Developer to stop work on the said
municipal services and to provide that no further work shall be done with
respect to such services, until an amending Agreement, incorporating the
standards, specifications and financial requirements of the Township, in
effect as of that date, is executed by all parties; or
2. Issue a Stop Work Order to the Developer to stop work on the municipal
services and inform the Developer that the Township proposes to realize on
its security and proceed with the completion of construction in accordance
with the provisions of the Plans filed with the Township.
3.2 ESTABLISHMENT OF A CORPORATION
The Developer shall establish a Resident's Corporation to which wetland blocks (Block
32) be conveyed to said corporation. Initially shares in the Corporation shall be held
by the Developer and shares shall be transferred to each lot owner upon closure of the
lot sale. The lot owners, through the Resident's Corporation are thereafter responsible
for the management and protection of the wetlands in its possession under the
supervision of the Ministry of Natural Resources. The Corporation shall ensure that
the wetlands are utilized for those purposes expressively permitted in the
implementing Zoning By-law.
The appropriate common elements condominium plan shall be registered after the
registration of the required M-Plan of the subdivision. No Occupancy Certificate for a
building permit shall be issued in accordance with Section 8.6 of this Agreement until
such time as the Resident's Corporation has been established and the required
Common Elements Condominium Plan has been registered.
The Developer shall convey the wetland blocks to the Resident's Corporation
established in the first phase of registration or a conservancy or similar land
stewardship interest (public or private) as approved by the Township.
3.3 BREACH OF CONTRACT
If the Developer commences or causes construction of the servicing works prior to
satisfying the requirement of this Agreement, it shall be subject to the penalties
identified in Part 9 of this Agreement.
16
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.
If an additional electrical service is required for Township purposes, the Developer
shall include the cost of installation and maintenance of the service.
4.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AND
IMPOSTS
a) Development charges and education development charges shall be payable on
a per -lot basis prior to the issuance of the first Building Permit with respect to
the particular lot.
b) The Developer agrees to pay for all arrears of taxes or other Township or
provincial charges, taxes or levies outstanding against the property herein
described before the approval of the said Plan is obtained. The Developer
further undertakes and agrees to pay taxes levied on the said lands, on the
basis and in accordance with assessment and collector's roll entries until such
time as the lands herein being subdivided have been assessed and entered on
the Collector's Roll according to the Registered Plan.
17
c) Before the Plan is approved, the Developer agrees to commute and pay the
Township's share of any charges made under the Drainaoe Act and the
Municipal Act, 2001. S.O. 2001. c.25 at present serving this property and
assessed against it.
These charges are set out in Schedule "D" of this Agreement.
NOTE: In addition to the Municipal Development Charges, the lots may be subject to
County of Simcoe development charges, Simcoe County Boards of Education
development charges and applicable development charges of any Public
Utility.
4.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer will deposit with the
Treasurer of the Township to cover the faithful performance of the contract for the
installation of the said services and the payment of all obligations arising thereunder,
the following securities:
a) Cash in the amount of one -hundred percent (100%) of the estimated cost of the
said work as approved by the Township's Engineering Consultant and/or
Manager, Development Engineering and Township Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance
with the requirements of Schedule "D" with an automatic renewal clause, in the
amount of one hundred percent (100%) of the estimated costs of the said
servicing works, as set out in Schedule "H" and as approved by the Township's
Engineering Consultant and/or Manager, Development Engineering. The Letter
of Credit shall be for a minimum guaranteed period of one (1) year, or such time
as the Township decides, and shall be renewed automatically, as necessary,
three (3) months prior to expiration. Unless the Letter of Credit is renewed as
noted above, the Township shall have the absolute right to refuse to issue
Building Permits and to prohibit occupancy of homes, whether partially or fully
completed, from the said date, three (3) months prior to the expiration of the
Letter of Credit, or the Township may cash the Letter of Credit until a
satisfactory Letter(s) of Credit is received by the Township.
c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the
estimated cost of the servicing works, as set out in Schedule "H", will be
reviewed and updated by the Township's Engineering Consultant and/or
Manager, Development Engineering on each anniversary of the date of
execution of this Agreement. In the event of an increase, the Developer shall
provide additional security, as required by the Township's Engineering
Consultant and/or Manager, Development Engineering, within thirty (30) days of
notice, by registered mail, from the Township.
In the event that the Developer fails to deliver to the Township the additional
security as required by the Township's Engineering Consultant and/or Manager,
Development Engineering, it is hereby understood and agreed that the
Developer be deemed to be in default of this Agreement and the Township
may, without notice, invoke default provisions as set out in this Agreement.
The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the
Developer's Consulting Engineer shall submit an estimate of the cost of the
servicing works to the Township's Engineering Consultant and/or Manager,
Development Engineering for approval. When the cost estimate has been
approved, it will be set out in Schedule "H" of this Agreement and will become
the basis for the limits of the securities.
In the event that the tendered contract price for the Township services set out in
Schedule "H" is greater by 10% than the estimates in the said Schedules, then
the security provided for above shall be increased to an amount equal to the
tendered contract arice.
18
d) Application — any Letter of Credit or security filed with the Township is based upon
the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and security received by the Township
may be used as security for any item or any other matter, which under the terms
of this Agreement, is the responsibility of the Developer, including, without limiting
the generality of the foregoing, payment of Engineering, legal, Planning, and
Development Charges, or other costs incurred by the Township, which are the
responsibility of the Developer under the terms of this Subdivision Agreement, as
well as development charges and costs to acquire lands or interest therein.
e) Default — if, in the event of default of the Developer under any of the provisions of
this Agreement, it becomes necessary for the Township to realize on its security
or deposits, then the Township (its servants, agents or sub -contractors) shall, if
the Township so elects, have the right and privilege at all times to enter upon the
said lands for the purpose of repairing or completing any work or services required
to be completed by the Developer under this Agreement.
f) 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 Act — if the Township becomes obligated to make any payments, or
pay any costs under the provisions of Section 17(4) of the Construction 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 Servicina Works - after 70% (seventy per cent) of the servicing
works being completed, based on the total estimated cost of the servicing works
for the subdivision or in the approved phase of the subdivision, and provided the
Developer is in compliance with all aspects of the Subdivision Agreement, the
Developer shall, as the work further proceeds to completion, have the privilege, on
application to the Township and upon certification of the Township's Engineering
Consultant and/or Manager, Development Engineering, to obtain reductions of
the cash or Letter of Credit deposited for the installation of servicing works, in
increments of not less than ten percent (10%).
Upon application for reduction of the securities, the Developer's Consulting
Engineer shall provide an estimate of the cost to complete the servicing works.
The Township's Engineering Consultant and/or Manager, Development
Engineering will review the submitted estimate, and then make a
recommendation as to the amount to be retained to the Director of Development
Services for approval. The amount of servicing works not completed shall be
retained along with twenty percent (20%) of the completed servicing works
estimate with the remainder being released.
19
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 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 Gradina Deposit - the Developer or Individual Lot Owner
shall deposit with the Township, the required Final Occupancy and Lot Grading
Deposit at a rate applicable at the time of the issuance of Building Permits. Upon
certification of final grade elevations indicating that the property has been
developed in conformity with the Engineered Lot Grading Plan and approved by
the Manager, Development Engineering or Township's Engineering Consultant,
the balance of the deposit shall be returned.
4.8 STATUTORY DECLARATION OF ACCOUNTS PAID
The Developer agrees that upon applying for a Discharge of Securities or for a
Certificate of Substantial Completion and Maintenance or for a Certificate of
Acceptance and Final Assumption for the services within the subdivision, or upon
applying for prior acceptance of the municipal underground services, he shall supply
the Township with a Statutory Declaration that all accounts for work and materials for
said services have been paid and that the Construction Act has been complied with
and that no liens thereunder have or can be registered, except normal guarantee
holdbacks, and that there are or will be no claims for liens or otherwise in connection
with such work done or materials supplied for or on behalf of the Developer in
connection with the subdivision.
4.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges, expenses
or obligations of the Developer under the provisions of this Subdivision Agreement all of
its right, title and interest in the said lands, and consents to the registration of this
Subdivision Agreement against title to the said lands.
4.10 INSURANCE CERTIFICATE AND POLICY
4.10.1 Insurance Policv - the Developer shall lodge with the Township, on or prior to
the execution of the Agreement, an insurance certificate with an insurance
company satisfactory to the Township, (which said approval shall not be
unreasonably withheld or delayed), and insuring for the joint benefit of the
Developer, their agents and the Township and their agents, against any
liability that may arise out of the construction or installation of any work to be
performed pursuant to this Agreement and for a period of one (1) year after
completion and acceptance of the Township services to be constructed herein.
4.10.2 Comprehensive General Liability/Environmental Impairment - such policy
shall carry limits of liability in the amount to be specified by the Township, but
in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00)
inclusive comprehensive general liability, environmental impairment liability in
an amount not less than FIVE MILLION DOLLARS ($5,000,000.00), and such
policy shall contain:
a) a cross -liability clause;
b) product/completed operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required shall be undertaken by an independent contractor;
d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(ii) OTHERS "As Applicable"
4.10.3 Notice of Cancellation -a provision that the insurance company agrees to
notify the Township within fifteen (15) days in advance of any cancellation or
expiry of the said insurance policy.
20
4.10.4 Certificate of Coveraoe - any certificate of coverage filed with the Township
Clerk shall specifically contain their confirmation that coverage includes (a),
(b), (c) and (d) above and are in effect.
4.10.5 Confirmation of Premium Pavment - the Developer shall, from time to time as
required by the Township, provide confirmation that all premiums on such
policy or policies insurance have been paid, and that the insurance is in full
force and effect. The Developer shall see that a copy of the policy is filed with
the Township annually.
4.10.6 Claim in Excess of Policv Limits - the issuance of such policy of insurance shall
not be construed as relieving the Developer from responsibility for other or
larger claims, if any, and for which it may be held responsible.
21
PART-5
PHASING OF THE SUBDIVISION
5.1 PHASING
The Township, at its sole discretion, may instruct the Developer to construct the
services in particular phases suitable to the Township, and the Developer must
comply on terms to be agreed to by the Township.
If the Township does not so instruct, the Developer, before commencement of any
work, may request the Township's permission to divide the area of the subdivision into
convenient phases. If the work is thus phased, as approved by the Township, then in
lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 4.6 for one
hundred percent (100%) of the estimated costs, as approved by the Township's
Engineering Consultant and/or Manager, Development Engineering, the Developer
shall deposit security for part of the services the Township has approved.
Before proceeding with an additional phase, the Developer shall obtain the written
approval of the Township and no service will be permitted to be installed and no
Building Permits issued until this approval has been received and additional securities
deposited.
When 70% (seventy per cent) of the lots of the subdivision or phases of the
subdivision have been built upon and all the services have not been completed and
approved by the Township's Engineering Consultant and/or Manager, Development
Engineering, the Township reserves the right to refuse commencement of the next
phase until all services have been installed and approved.
In no event will further subdivisions of the Developer or phases of subdivisions of the
Developer be approved if all services of the active phase approved by the Township's
Engineering Consultant and/or Manager, Development Engineering have not obtained
the Certificate of Substantial Completion and Maintenance within a two (2) year period
after registration of this Agreement.
Notwithstanding anything hereinafter set out, the Township shall not be obligated to
assume the responsibility for and take over the subdivision services until at least 70%
(seventy per cent) of the lots on the subdivision or phase of the subdivision have
completed dwellings erected therein and Final Certificate of Occupancy have been
issued. The Developer shall be responsible for the maintenance and all repairs of the
services, in this case.
The subdivision is to be developed in the following Phases:
Phase 2 Group D Lots 1 to 25, Plan 51 M-.
22
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 and/or Manager, Development Engineering is of
the opinion that additional servicing works are necessary to adequately provide any of
the public services required by the Plan of Subdivision, the Developer shall construct,
install or perform such additional servicing works at the request of the Township's
Engineering Consultant and/or Manager, Development Engineering.
6.2 CONSTRUCTION OF SERVICING WORKS
Following the registration of this Agreement, the Developer shall cause to be
constructed, all requisite servicing works in order to provide services to the lots and
buildings blocks within the Phase.
6.3 ELECTRICAL. NATURAL GAS. TELEPHONE and CABLE TV UTILITIES
6.3.1 Any development in conjunction with the subdivision must not block vehicular
access to any Hydro One, Natural Gas, Bell Telephone and Cable TV plant
located on the right-of-way.
6.3.2 The Developer shall make arrangements satisfactory to Hydro One, Bell
Telephone and Cable TV for the crossing of the Hydro One, Bell Telephone and
Cable TV right-of-way by the proposed roads. A separate proposal shall be
submitted to Hydro One, Natural Gas, Bell Telephone and Cable TV area
offices for these future road crossings.
6.3.3 The cost of any relocations or revisions to Hydro One, Natural Gas, Bell
Telephone and Cable TV plant which are necessary to accommodate this
subdivision will be borne by the developer.
6.3.4 The easement rights of Hydro One, Natural Gas, Bell Telephone and Cable TV
are to be protected and maintained.
6.4 PRESERVATION AND PLANTING OF TREES
6.4.1 The Developer shall preserve all healthy trees within the limits of the
subdivision, where possible and supply a Tree Preservation Plan as
appropriate. If, in the opinion of the Township's Engineering Consultant and/or
Manager, Development Engineering, indiscriminate removal of trees takes
place within the limits of the Plan of Subdivision, including road allowances,
parkland and individual lots, the Township shall have the option of issuing a
Stop Work Order on construction of the services and/or building on a particular
lot where the removal is taking place. Work will not be allowed to proceed until
the Township is satisfied that the practice shall not continue and the
Developer/Builder agrees to carry out remedial work required by the Township.
The Developer agrees to provide a copy of this clause to each and every
prospective builder/prospective purchaser.
23
6.4.2 The Developer shall prepare and implement a vegetation plan/tree planting plan
that outlines where and how the vegetation buffer will be enhanced with trees
and shrub planting to protect the wetland and fisheries resources where natural
vegetation on the buffer does not exist or is insufficient to provide an adequate
vegetation buffer for approval by the Township and the Ministry of Natural
Resources and Forestry. In addition, the tree planting plan shall require planting
of up to three 2.4 metre or taller hardwood trees on those lots not having any
tree cover.
6.4.3 Prior to grading of any lot or the Township giving its release for registration, the
Developer shall prepare a Tree Preservation Plan for the lot to the satisfaction
of the Township and the Ministry of Natural Resources and Forestry.
6.4.4 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a
minimum of 50mm caliper on each lot having less than three (3) trees in the
front yard(s), if required by the Township. A minimum of 2 trees shall be placed
along the flankage side of each corner lot. The type of trees must be
satisfactory to the Township.
6.4.5 In addition, the Developer shall plant trees with the above specifications at 15
metre intervals around the perimeter of the park, if one is to be located within
the plan, in areas where there is not sufficient growth of trees.
6.5 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.
6.6 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall obtain
from the Township's Engineering Consultant and/or Manager, Development
Engineering or Township Operations Department Official, written permission for
carrying out the blasting operation, and show proof of insurance for all damage or
claims for damage resulting from the blasting operation.
Regardless of whether the blasting is carried out by a subcontractor, the Developer, in
any event, shall be responsible for any such claims.
6.7 ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable to
the Township's Engineering Consultant and/or Manager, Development Engineering
and the Township Operations Department during the time of construction, including
dust control and the removal of any mud or debris tracked from the subdivision, and no
roadway outside the limits of the proposed subdivision may be closed without the
written consent of the Township Operations Department. For the purpose of obtaining
such consent, the Developer shall advise the Township Operations Department and
the Township Clerk of the date and time they wish to close a roadway. The Township
reserves the right to limit or prohibit the use of any existing access road by the
Developer.
6.8 DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, road allowance
or existing structure or plant located on the road allowance as a result of the
subdivision development and shall pay for any costs involved in the relocation of
existing services, such as hydrants, telephone poles, etc., which may become
necessary because of the development of the subdivision. In this regard, the
Developer's Consulting Engineer shall arrange for an inspection with the Township
Operations Department and Township's Engineering Consultant and/or Manager,
Development Engineering for the purpose of compiling an inventory of existing
24
conditions prior to work on the subdivision. Otherwise, the Township Operations
Department's assessment of conditions prior to construction will be final.
6.9 DUST / MUD CONTROL AND ROAD SURFACE CLEANING
Until the Certificate Acceptance and Final Assumption has been issued, the Developer
shall apply calcium or other Ministry of the Environment and Climate Change approved
dust suppressant to those roads within the subdivision and/or utilized by construction
traffic, that have not had asphalt surfaces applied, in quantities sufficient to prevent
any dust problem to traffic or home occupants, to the satisfaction of the Township.
Until the Certificate Acceptance and Final Assumption has been issued, the Developer
shall undertake water flushing and mechanical sweeping and cleaning to those roads
within the subdivision and/or utilized by construction traffic, that have asphalt surfaces
applied, sufficient to prevent any dust problem or mud tracking to traffic or home
occupants, to the satisfaction of the Township.
If the Developer has not taken remedial action within twenty-four (24) hours of
receiving a written notification (via facsimile and /or email) from the Township and/or
Township's Engineering Consultant and/or Manager, Development Engineering
regarding a dust control problem, then the Township and/or Township's Engineering
Consultant, at their sole discretion, shall employ outside forces to implement, at the
Developer's expense, a suitable measure of dust control.
6.10 CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be disposed of
in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a
licensed landfill site. The Township shall not be responsible for the removal or
disposal of any construction refuse, garbage and debris. Open air burning is not
permitted by the Township. The Developer agrees to deliver a copy of this clause to
each and every builder applying for a Building Permit for any lot or part of a lot within
the said Plan of Subdivision.
6.11 INSPECTION OF THE CONSTRUCTION OF MUNICIPAL SERVICING WORKS
During the construction of all Municipal Servicing Works, the Developer's Engineering
Consultant shall be responsible for all inspections and certifications of the construction
of all Municipal Servicing Works. The Township may inspect the work in hand at such
times and with such duration and frequency as the nature of the type of construction
may dictate.
Subject to the obligations of the Township's Engineering Consultant and/or Manager,
Development Engineering and to protect the interests of the Township through such
inspections, every effort will be made to keep duplication of engineering services on
site to a minimum. If, during such inspections, the Township's Engineering Consultant
and/or Manager, Development Engineering perceives that construction, whether by
method or otherwise, constitutes an immediate danger to life or property, or
construction does not conform to acceptable practice in order to meet the approved
installation of servicing works, the Township's Engineering Consultant and/or
Manager, Development Engineering will have the authority to cease construction
operations by verbal notice to the contractor and/or the Developer's Consulting
Engineer.
Such notice shall be confirmed, in writing, as soon as possible, thereafter. A copy of
this clause shall be delivered by the Developer to each and every contractor engaged
in construction of services for the subdivision.
6.12 DECLARATION OF PROGRESS AND COMPLETION
6.12.1 Prior to the approval or acceptance of any Municipal Servicing Works by the
Township, the Developer shall provide the Township's Engineering Consultant
and/or Manager, Development Engineering with an undertaking for the
completion dates of all remaining Municipal servicing Works required by this
25
Agreement and in a form similar to that attached to this Agreement as Schedule
"I", the Declaration of Progress and Completion, for approval by the Township's
Engineering Consultant. The Township reserves the right to alter the completion
dates, if the timelines are considered to be inappropriate, and the Developer
agrees to complete the Municipal Servicing within the revised completion dates.
6.12.2 It is understood and agreed that should the Developer fail to construct the
remaining services, as stipulated, and by such dates as provided in the
Declaration, the Developer shall pay to the Township, as pre -determined
liquidated damages, the sum of TWO HUNDRED DOLLARS ($200.00) for
each and every day the said services are behind schedule of construction, and
NO FURTHER BUILDING PERMITS SHALL BE ISSUED.
6.12.3 The Developer recognizes that top lift of asphalt shall not be placed until 70%
(seventy per cent) of the lots have been fully developed and completed and
dwellings have been issued a Certificate of Final Occupancy.
6.13 PROGRESS OF MUNICIPAL SERVICING WORKS
The water main and associated servicing works (as required) shall be constructed,
inspected and approved in accordance with the wording contained in this Agreement
prior to the completion of the other Municipal Servicing Works, including roads,
sanitary sewers, storm sewer systems, boulevards, utilities and street lighting.
The sanitary sewers and associated servicing works (as required) shall be
constructed, inspected and approved in accordance with the wording contained in this
Agreement prior to the completion of the other Municipal Servicing Works, including
roads, storm sewers systems, boulevards, utilities and street lighting.
The storm sewer system and stormwater servicing works will be constructed,
inspected and approved in accordance with the wording contained in this Agreement.
After the completion of Municipal Servicing Works, the Developer shall complete the
Declaration of Progress and Completion for the approval of the Township's
Engineering Consultant and/or Manager, Development Engineering and from that
date, the said Declaration shall apply and take precedence over Clause 6.12. Prior to
signing the Declaration of Progress and Completion, the Developer shall install all
servicing works in accordance with the Schedule of Servicing Works or as directed by
the Township's Engineering Consultant and/or Manager, Development Engineering.
Should the Developer fail to adhere to the scheduling provisions outlined in the
Schedule of Servicing Works or the Declaration of Progress; or having commenced to
install the aforesaid servicing works, fails or neglects to proceed with reasonable
speed; or in the event that the aforesaid servicing works are not being installed in the
manner required by the Township's Engineering Consultant and/or Manager,
Development Engineering: the Township's Engineering Consultant and/or Manager,
Development Engineering giving seven (7) days written notice by prepaid registered
mail to the Developer may, without further notice, enter upon the said land and
proceed to supply all materials and to do all necessary servicing works in connection
with the installation of the said servicing works, including the repair or reconstruction of
faulty works and the replacement of materials not in accordance with the
specifications.
The Township's Engineering Consultant and/or Manager, Development Engineering
shall charge the costs thereof, together with an Engineering fee of ten percent (10%)
of the cost of such materials and servicing works to the Developer who shall forthwith
pay the same upon demand.
If the Developer fails to pay the Township within thirty (30) days of the date on the bill,
the money owing shall be deducted from the cash deposit or Letters of Credit. It is
understood and agreed between the parties hereto that such entry upon the land shall
be as agent for the Developer, and shall not be deemed for any purpose whatsoever,
as an Acceptance or Assumption of the said Municipal Servicing Works by the
Township.
26
The Township may refuse to issue Building Permits until such Municipal Servicing
Works are installed in accordance with the Township of Oro-Medonte Development
Engineering Policies, Process and Design Standards and to the satisfaction of the
Township's Engineering Consultant and/or Manager, Development Engineering. It is
agreed that a copy of this clause be delivered by the Developer to each and every
Builder obtaining a Building Permit for any lot or part of a lot on the said Plan.
Note: Building Permits shall not be issued until the Township's Engineering
Consultant and/or Manager, Development Engineering has given the Certificate of
Substantial Completion and maintenance.
6.14 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any time, or from
time to time for the purpose of making emergency repairs to any of the servicing
works. Such entry and repair shall not be deemed an acceptance of the servicing
works by the Township or any assumption by the Township of any liability in
connection therewith, or a release of the Developer from any of his obligations under
this Agreement.
6.15 USE OF SERVICING WORKS BY TOWNSHIP
The Developer agrees that:
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.
11. Such use shall not be deemed an acceptance of the servicing works by the
Township, and;
III. Such use shall not in any way relieve the Developer of his obligations in respect of
the construction and maintenance of the servicing works so used.
6.16 DRAINAGE AND LOT GRADING
Generally, the drainage facilities will consist of curb and gutters, and storm sewers, to
provide a satisfactory drainage outlet, and will be in accordance with the Storm Sewer
Drainage Plans STM-1, STM-3 and STM-4, Stormwater Management Plans, Section
and Details SWM-1, SWM-2, SWM-3 and SWM-4 by Tatham Engineering and
approved by the Township's Engineering Consultant and the Township.
All lots and blocks within the Plan and all lands abutting the Plan shall be graded to
drain in accordance with the Lot Grading Plans LG-4, LG-7 to LG-9, LG-11 and LG-12
prepared by Tatham Engineering and approved by the Township's Engineering
Consultant and the Township. Some fill and re -grading of lots may be necessary
during or after building construction. The Grading Plan shall show all existing and final
grades on lot corners, as well as mid -lot elevations, where deemed necessary by the
Township's Engineering Consultant and/or Manager, Development Engineering.
It is understood and agreed by the parties hereto that drainage of surface water on the
lots and blocks on the Plan is the sole responsibility of the respective lot owners (or
any subsequent lot purchasers / owners) once the required drainage servicing works
have been constructed by the Developer.
Drainage swales shall be landscaped and maintained by all subsequent lot owners.
The purpose of the storm swales is to accommodate storm drainage waters from the
subject lot and adjacent lands. No lot owner in the subdivision shall encumber or
impede storm drainage in any manner whatsoever.
In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or
interferes with the storm drainage flow through any part of the drainage swale, or
interferes with the acceptance of water from any connecting drainage swales, then the
Township shall have the right, if it so elects, to enter upon the subject lands to rectify
such problems so that the drainage swales can serve their original purpose.
27
The Developer, and any subsequent lot owner, shall not construct any servicing works,
remove, or permit to be removed, any soil from the said drainage swale, excavate,
drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon,
under or through the said drainage swale any fence, well, foundation, pavement,
building or other structure or other installation.
The lot owner of any lot in the subdivision upon which the Township elects to enter for
the purpose of rectifying the said work, hereby agrees to indemnify and release the
Township from and against all claims, demands, actions or causes of action
whatsoever arising as a result of the Township or of its servants or agents entering
upon the lands for the purpose of correcting drainage problems. The cost of such
work will be for the account of the lot owner. Any invoices not paid within thirty (30)
days after the due date, shall be added to the tax roll and collected in a like manner as
realty taxes, as per Section 446 of the Municipal Act. 2001.
The Developer agrees to deliver a copy of this clause to each and every prospective
purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the
said Plan of Subdivision as part of the Purchaser's Manual.
6.17 LANDSCAPING
All Landscaping Works shall be completed to the satisfaction of the Township in
accordance with Section 3.16 — Landscaping of the Township of Oro-Medonte
Development Engineering Policies, Process and Design Standards and as
represented on the Landscape Design Drawings included in Schedule "G".
Certificate(s) of Final Occupancy require the completion of Landscaping Works.
All Landscaping Works shall be completed prior to the issuance of the Certificate of
Acceptance and Final Assumption. (Typically when 70% (seventy per cent) of the total
Building Permits allowed for in the subdivision have been completed.)
Maintenance of Landscape Plantings shall extend for a minimum of 12 (twelve)
months past the issuance of the Certificate of Acceptance and Final Assumption.
6.18 PARKLAND SERVICING WORKS
All Parkland Servicing Works (SWM and grading, water servicing, sanitary sewer
servicing, electrical servicing and lighting, walkways and trails, etc. as required) and
Open Space Blocks are to be constructed in accordance with Section 3.17 — Parkland
Development of the Township of Oro-Medonte Development Engineering Policies,
Process and Design Standards and as represented on the Parkland Services Design
Drawings included in Schedule "G".
Municipal Servicing Works required in the Parkland Services Design Drawings (as
required) shall be installed to the property line, earth works and rough grading, and
any interim SWM works (as may required) shall be completed prior to the Certificate of
Substantial and Maintenance being issued.
All Parkland Servicing Works (as required) must be completed to the satisfaction of the
Township prior to the issuance of the Certificate of Acceptance and Final Assumption.
(Typically when 70% (seventy per cent) of the total Building Permits allowed for in the
subdivision have been completed and the Certificate(s) of Final Occupancy has been
issued.)
Maintenance of Parkland Plantings shall extend for a minimum of 12 (twelve) months
past the issuance of the Certificate of Acceptance and Final Assumption.
28
PART-7
BUILDING AND SEWAGE SYSTEM PERMITS AND OCCUPANCY
7.1 OVERALL LOT DEVELOPMENT PLAN & INDIVIDUAL SITE PLANS
7.1.1 The Developer further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building or Sewage
System Permit for any part or portion of the said lands or on any lot therein, and
no Building or Sewage Permit shall be issued until a Certificate of Substantial
Completion and Maintenance has been issued.
7.1.2 The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township, Township Engineer and the Nottawasaga Valley
Conservation Authority as a further requirement to Clause 2.4. The Plan shall
include the following:
a) envelopes for the proposed house and any adjacent structures on each lot.
b) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage servicing works have been completed.
c) existing and proposed grades on lot corners and mid -lot elevation.
d) location and type of proposed water supply and sanitary sewer
supply/connection.
7.1.3 The Developer agrees to advise all prospective lot Purchasers that prior to a
Building or Sewage System permit being issued a detailed individual site plan
including methods of stormwater storage and sewage effluent disposal shall be
prepared for each lot by the Developer's Consulting Engineer and approved by
the Township and/or the Township's Engineering Consultant. The individual
site plan shall show the building and tile bed location (if applicable) and
elevations, all exterior lot grading and drainage servicing works complete with
elevations and landscaping.
7.1.4 Individual Lot Purchasers will be required to obtain the services of a qualified
professional consultant to prepare the Individual Site Plan to the satisfaction of
the Township prior to the issuance of a building or sewage system permit. Lots
1-25 are subject to Site Plan Control under Section 41 of the Planning Act and
that no development will be permitted on the lot until a Site Plan Agreement has
been entered into between the municipality and the owner of the lot. Further,
the Developer agrees to include a statement advising that Lots 1-25 are subject
to Site Plan Control under Section 41 of the Planning, R.S.O. 1990 in all offers
to purchase and Agreements of Purchase and sale for said lots and blocks.
The Engineered Lot Grading Plan shall include, at a minimum:
• Signature / Seal of Applicants Lot Grading Designer
• Design Date and Submission number
• North Arrow and Key Plan
• Metric Scale of Drawing — of a typical engineering scale
• Geodetic Benchmark - location and elevation
• Dimensioned Property Limits / Boundaries and Lot Corner Elevations
• Typical Silt and Sediment Control Measures
• Location of Silt and Sediment Control Measures
• Typical Swale Cross Section(s) — side yard / mid -yard / cut-off (as required)
• Location, Elevation, Flow Direction and % Grade of all Swales
• Location of Engineered Fill
• Location of Environmentally Protected Areas / Waterbodies / Shoreline
• Location of Existing Trees to be Retained
• Location and Type of Utility Services (Natural Gas, Bell, Hydro, Cable T.V.,
etc.)
• Location of Municipal Water Service
• Location of Private Sewage System — Septic Bed, Tank and Grade
Elevations
• Location and Dimension of Municipal / Utility / Drainage Easements
29
• Driveway - location, proposed % grade, width and curb cut locations
• Driveway Culvert — location, size, length, material, elevations and % grade
• Elevations of Road Grade (edge of road and centre line) adjacent to Lot
Line(s)
• Elevations of and % grade of Road Side Ditches adjacent to Lot Lines
• Street Furniture / ROW Features — hydrants, streetlights, Bell / Cable
pedestals, Hydro transformers / poles, catch basins, curbs, sidewalks,
retaining walls, etc.
• Building(s) Location: lot line setback distances and building corner
elevations
• House and Lot Type: rear to front /split lot / walk -out basement, etc.
• Location of Internal Catch Basins / Soak Away Pits - grate and invert
elevations
• Location of Sump Pump discharge (not discharging to driveway or septic
tank)
• Location of all Rainwater Leaders / Downspouts (not discharging onto
driveway)
• Finished First Floor elevation (F.F.F.)
• Top of Foundation Wall elevation (T.F.W.)
• Finished Basement Floor elevation (F.B.F.)
• Underside of Footings elevation (U.S.F.)
• Finished Garage Floor elevation (F.G.F.)
• Underside of Footings Garage elevation (U.S.F.G.)
• Location and Elevation of all Entrances including # of Risers
• Location and Elevation of all Walkways, Patios, Deck and Porches
• Location and Elevations (Top and @ Grade) of Retaining Walls
7.1.5 The Developer further agrees to construct all servicing works required under
Clause 2.4, and as shown on the approved General Servicing Plans GS-2 to
GS-4, Storm Sewer Drainage Plans STM-2 to STM-5, Notes, Details and
Standards D-1 to D-7, Water Distribution and Swabbing Plan WAT-1 and WAT-
2, Lot Grading Plans LG-4, LG-7 to LG-9, LGA 1 to LG-12, Plan and Profile
Drawings PP-1 to PP-4, PP-8, and PP-20, Stormwater Management drawings
SWMA to SWM-3, Siltation and Erosion Control Plans SC-2 to SC-4, and SC-7,
and Tree Protection and Compensation Plans LP-1, LP-3, LP-6, and LP-7, and
Landscape Details LD-1, to the satisfaction of the Township and the Township's
Engineering Consultant.
7.1.6 The Developer further agrees to advise all prospective lot Purchasers of the
requirements that it may be necessary for the sewage system to be installed
prior to construction of the home, subsequent to the issuance of a Sewage
System Permit.
7.1.7 The Developer shall install a reasonably permanent marking or monument
system clearly identifying the location of the wetland buffer on each lot or block
affected, prior to occupancy of any such residential lot or block. Further, the
developer agrees to include a statement advising of the marking system
requirement in all offers to purchase and Agreements of Purchase and sale for
said lots and blocks.
7.1.8 Model Homes
Notwithstanding Section 8.1 (Substantial Completion of Underground services)
and Section 7.2 (Requirements for Building Permits), the Township agrees,
after registration of the plan, that the Developer, once making Building permit
application and receiving approval from the Development Services Committee
for a model(s) home, the Township shall issue model home permit(s) for such
lots and locations as are acceptable to the Township subject to the plans being
in conformity with the Ontario Building Code, and the Developer not being in
default of any of the terms in this Agreement. The Developer agrees that none
of the model home(s) shall be occupied until a Provisional Certificate of
occupancy has been issued for each model home in accordance with the
normal occupancy provisions of this agreement.
041
In the event the Developer wishes to erect a model home(s) prior to the
registration of the Plan, the Developer shall be subject to the requirements
(Separate site plan agreement) of the Township, and these requirements shall
not supersede or in any way relieve the Developer of its responsibilities as set
out in this Agreement.
7.2 REQUIREMENTS FOR BUILDING PERMITS
The Developer acknowledges and agrees that final approval or registration of the Plan
of Subdivision approval by the Township, or the acceptance by the Township of the
servicing works set out in this Agreement shall not be deemed to give any assurance
that Building Permits, when applied for, will be issued in respect of the lots or blocks
shown on the Plan of Subdivision.
The Township reserves the right to withhold building permits until the requirements of
this Agreement, and all other requirements of all relevant agencies, have been
completed to the satisfaction of each agency, and the Township has been notified in
writing of satisfaction of these items by the relevant agency in addition to the
completion of commissioning of the water and sewage servicing works for the Plan of
Subdivision.
The Developer and Township agree that no building permits shall be applied for nor
issued by the Township for permitted uses as set out in the Township of Oro-Medonte
Zoning By-law 97-95, as amended, until the Township is satisfied that acceptable road
access, water supply, sanitary sewage and stormwater drainage facilities are available
to service the Plan of Subdivision in addition to all other requirements set out in
Section 7 herein.
Despite the foregoing and despite the provisions of the Building code Act, R.S.O.
1990, c.B.13, the Developer understands and agrees that no building permits will be
issued until all of the requirements of this Agreement and specifically this Section,
have been met. For the purposes of the Building Code Act, R.S.O. 1990, c.B.13, the
Parties hereby agree that the requirements of this Agreement, including specifically
this Section, shall constitute "applicable law".
Notwithstanding the foregoing, no Building Permits will be given and the Chief Building
Official may refuse any application until:
(i) The submission of all provincial and municipal approvals;
(ii) Lots that are subject to Site Plan Control under Section 41 of the Planning Act
will not be issued a building permit until a Site Plan Agreement has been
entered into between the municipality and the owner of the lot.
(iii) Sewage system allocation/ or approval has been obtained and submitted to the
Township.
(iv) The Certificate of Substantial Completion and Maintenance for Municipal
Servicing Works has been issued by the Township for the water supply and
distribution system, sanitary sewer system, storm sewer system, the road(s)
have been constructed up to an including base coarse asphalt, providing
access to the lot in accordance with the Township's Development Engineering
Policies, Process and Design Standards to the satisfaction of the Township's
Engineering Consultant and/or Manager, Development Engineering, and the
submission of the completed Declaration of Progress and Completion as per
Schedule "I".
(v) The required Composite Utility Plan has been approved by the Township and
the underground services such as Bell Telephone, Electricity, Cable TV and
Natural Gas have been installed to the property line of the lot.
31
(vii) Approval of the Township's Engineering Consultant and/or Manager,
Development Engineering has been obtained for the construction of any
buildings to be erected on lots or blocks listed in Schedule "L" hereto.
(viii) Signs denoting "ROAD NOT ASSUMED BY TOWNSHIP — USE AT YOUR
OWN RISK" and information as to the SUBDIVISION NAME, DEVELOPER,
GENERAL CONTRACTOR and ENGINEERING CONSULTANT have been
installed at the entrances to the subdivision in a location acceptable to the
Township, in accordance with Clause 3.1.9.
(ix) An Engineered Lot Grading Plan has been prepared the Developer's Consulting
Engineer acknowledging that the building to be erected on any lot or block
within the Plan of Subdivision, for which a Building Permit has been applied for,
is in conformity with the Overall Lot Grading Plans.
In the case where another recognised design professional (P.Eng., OLS,
C.E.T.) prepares an Engineered Lot Grading Plan, for which a Building
Permit has been applied for, proof of review and affirmation of conformance
within the Plan of Subdivision and the Overall Lot Grading Plans by the
Developer's Consulting Engineered shall be required.
The Engineered Lot Grading Plan shall be approved by the Township and/or
Township's Engineering Consultant prior to the issuance of a Building Permit.
(x) Arrangements have been made and approved by the Township for Municipal
Address System numbering, as set out in Clause 7.7.
(xi) The Traffic and Street Name signs have been installed and approved by the
Township.
(xii) Payment of Development Charges Fees and other applicable levies.
(xiii) Certification by the Township and/or Township's Engineering Consultant if the
subdivision is being constructed in phases that the preceding phase meets all
requirements for occupancy as set out in Clause 7.1
(xiv) Payment of lot grading deposit of one thousand dollars ($1000.00) per lot.
7.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION
Any lot, which will require special attention in order to be serviced, will be listed on
Schedule "L" of this Agreement. Examples of conditions requiring special attention
may be, but are not limited too: degree of slope, soils stability, environmental
restrictions, waterfrontage, Species at Risk, Engineered Fill, etc.
Prior to the issuance of a Building Permit for any lot listed in Schedule "L", the
Developer's Consulting Engineer must submit a letter to the Township's Engineering
Consultant and/or Manager, Development Engineering outlining the measures to be
taken to correct the problems on the lot. This proposal must be approved prior to
applying for a Building Permit.
7.4 SPECIAL BUILDING PERMITS
7.4.1 No Occupancv Aareement
Building permits cannot be obtained or issued until certain vital services listed in
Section 8.1 are installed and accepted by the Township's Engineering Consultant and
the Township. The Township agrees that if the Developer or a builder wishes to obtain
a building permit prior to the installation of vital services listed in Section 8.1, a building
permit may be issued provided the Developer or builder has executed a "No
Occupancy Agreement" in the form set out in Schedule "M" and has deposited the sum
of $7,000.00 in bond per lot or unit with the Township as a guarantee that no building
32
that no building or structure will be occupied and subject to the registration on title of
the "No Occupancy Agreement." The Owner agrees to be liable to pay all costs
related to the preparation, registration and release of the "No Occupancy Agreement".
7.6 CONFORMITY WITH GRADING
Prior to issuance of a building permit for any lot on the Plan, an Engineered Lot
Grading Plan is required to be approved by the Township in accordance with Section
7.1. The Engineered Lot Grading Plan will indicate the proposed building and lot,
municipal address, and elevation of the top of foundation wall and shall be in
compliance with the Overall Lot Grading Plan for the subdivision. Any variance to the
Overall Lot Grading Plan by more than 0.15m in elevation must receive approval from
the Township.
The Developer agrees that each building permit will be issued on the condition that no
construction of any building will proceed beyond the completion of the footing and then
the foundation wall until the Developer has provided the Township's Chief Building
Official with a certificate from the Developer's Consulting Engineer, Professional
Engineer, Ontario Land Surveyor or Certified Engineering Technologist certifying that
the elevation of the underside of the footings and then the top of the constructed
foundation wall of the building conforms to the elevation shown on the Individual Site
Plan and complies with the Overall Lot Grading Plan. Any variance shall require the
approval of the Township and/or Township's Engineering Consultant.
7.7 MUNICIPAL ADDRESS SYSTEM
The Developer's Consulting Engineer shall be responsible for obtaining the municipal
address system numbers for each and every lot from the Municipal Office and
including on the final approved engineering drawings. As a further requirement, in
order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or
lot owner, shall install the aforementioned number at a location approved by the
Township. The Developer agrees to provide a copy of this clause to each and every
builder or lot owner in advance of the sale of such lot(s).
7.8 REQUIREMENTS FOR OCCUPANCY
7.8.1 Occupancy Certificate means a report issued to allow occupancy of a
building. No buildings erected on the lots or blocks within the Plan shall be
occupied until an Occupancy Certificate has been issued by the Township's
Building Department in accordance with the Township's Building By -Law and
the Ontario Building Code — Division C, Articles 1.3.3.1 and 1.3.3.4 and the
Building Code Act 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.
(ii) A driveway culvert (as required) has been provided to the satisfaction of
the Township, in accordance with the Township of Oro-Medonte
Development Engineering Policies, Process and Design Standards.
7.8.2 Final Inspection means a report issued when all outstanding items on an
Occupancy Certificate, including grading, have been completed and there is
compliance with the Ontario Building Code.
Notwithstanding requirements of the Township's Building By-law and the
Ontario Building Code, a Final Inspection Report shall not be issued until:
(iii) A Lot Grading Certification Letter has been provided by the Developer's
Consulting Engineer, or a Professional Engineer, Ontario Land Surveyor
or Certified Engineering Technologist, indicating that the final grading of
33
the lot or block for the building constructed, is in conformity with the
Engineered Lot Grading Plan or such variance there from has been
approved by the Manager, Development Engineering or Township's
Engineering Consultant.
(iv) Any deficiencies on an Occupancy Certificate have been complied
with. It is agreed that a copy of Part 8 shall be delivered by the
Developer to each and every builder obtaining a Builder's Permit or any
prospective purchaser of the dwelling for any lot or part of a lot on the
said Plan.
7.9 REQUIREMENTS FOR WINTER OCCUPANCY
Should the Developer require Occupancy between October 1 and April 15, the final lot
grading and the application of sod / seed shall be completed by the following
September 30 (following year) from Provisional Occupancy.
Should the Developer require Occupancy between April 16 and October 1, the final lot
grading and the application of sod / seed shall be completed by the following June 30
(following year) from Provisional Occupancy.
In addition, if the Final Lot Grading is not completed prior to Occupancy, the
Developer's Consulting Engineer shall provide the certification that the lots requesting
Occupancy have a base grade, swales, driveway culverts (as required) and all slopes
are graded to conform to the Overall Lot Grading Plan and minimum engineering
design standards.
The Developer agrees that if the final lot grading has not been completed within the
aforementioned time lines, the Township may immediately proceed to have the final lot
grading completed at the Developer's expense.
Further, it is agreed by the Developer that the lot grading security deposit will not be
reduced until the Township and/or Township's Engineering Consultant is satisfied
having received a Letter of Certification for Lot Grading Completion from the
Developer's Consulting Engineer and by having completed a site inspection.
7.10 OCCUPANCY LIQUIDATED DAMAGES
Notwithstanding the above, if for any reason whatsoever, occupancy of any building
occurs before the vital services listed in Clause 8.1 are installed to the home occupied
to the satisfaction of the Township's Engineering Consultant and/or Manager,
Development Engineering, then the Developer agrees to pay to the Township,
liquidated damages in the amount of TWO HUNDRED DOLLARS ($200.00), per
dwelling, per day, to cover the additional costs of administration, inspection and fire
protection, etc. The liquidated damages to commence at and include the date of
occupancy and end when the Developer obtains a certificate from the Township's
Engineering Consultant and/or Manager, Development Engineering that the vital
services are satisfactorily installed. If the Developer fails to pay to the Township,
monies owing under this clause within thirty (30) days of the date of the bill, the money
may be deducted from the cash deposit or Letter of Credit or other deposited security.
34
SUBSTANTIAL COMPLETION AND MAINTENANCE
AND
ACCEPTANCE AND FINAL ASSUMPTION
OF
MUNICIPAL SERVICES
8.1 SUBSTANTIAL COMPLETION and MAINTENANCE OF MUNICIPAL_
SERVICING WORKS
Certificate of Substantial Completion and Maintenance shall mean a Certificate
issued by the Township upon the recommendation of the Township's Engineering
Consultant and/or Manager, Development Engineering confirming the Municipal
Servicing Works installed by the Developer under the provisions of this Agreement
have been substantially completed in accordance with plans and specifications
reviewed and accepted by the Township's Engineering Consultant and/or Manager,
Development Engineering. The issuance of a Certificate of Substantial Completion and
Maintenance shall not constitute an assumption of the Municipal Servicing Works by
the Township.
Works completed and certified to obtain a Certificate of Substantial Completion and
Maintenance shall include (but not limited to) the following:
i) Sanitary Sewers, Pumping Stations, Appurtenances and Service Laterals
ii) Storm Sewers, Appurtenances, and Stormwater Management Facilities
iii) Watermain, Appurtenances and Service Laterals
iv) Other Utilities Servicing (Gas, Hydro, Bell, Cable TV, etc.)
v) Traffic Signage (temporary as applicable)
vi) Streetlighting (erected and energized)
vii) Granular Base Course and Granular Surface Course
viii) Base Course Asphalt
ix) Roadside Ditches and Shoulders
x) Curbs and Gutters
The Township's Engineering Consultant and/or Manager, Development Engineering
shall issue a Certificate of Substantial Completion and Maintenance of Municipal
Services when the Municipal Servicing Works have been inspected and certified as
being constructed in accordance with Township Standards and this Agreement.
This Certificate may contain a list of minor deficiencies, which have to be corrected by
the Developer, but which are not considered of sufficient importance to delay the
issuance of the Certificate and the acceptance of the services by the Township.
The minimum two (2) year maintenance period will commence from the date the
Township approves the issuance of the Certificate of Acceptance and Maintenance.
The Developer shall be responsible for the all maintenance and repairs of the
Municipal Servicing Works. Refer to 8.2
The Developer shall also be responsible for the operation costs until the Township has
issued a Certificate of Acceptance and Final Assumption for the Municipal Servicing
Works Refer to 8.3
8.2 MAINTENANCE OF MUNICIPAL SERVICING WORKS
The Developer will be responsible for the repair and maintenance of all the Municipal
Servicing Works until the expiry of a minimum period of two (2) years from the date the
Township approves the Certificate of Substantial Completion and Maintenance. The
minimum period shall be called the Maintenance Period.
35
During the Maintenance Period, maintenance of the Municipal Servicing Works shall
include, but not be limited to:
• Maintaining road surfaces, curbing, ditches, sidewalks / trails, fencing, signage
and all other above ground Municipal Servicing Works
• Sweeping, flushing and the removal of dirt and debris from road surfaces
• Winter Maintenance Operations (snow plowing, sanding, salting, snow removal,
etc.) — Refer to Schedule "J"
• Maintaining and mowing of grass within the road allowances, as well as the
parkland and naturalized areas (as may be required).
• Maintaining ALL underground Municipal Servicing Works infrastructure storm
sewers, sanitary sewers, water main, etc.
• Maintaining street lighting infrastructure including all hydro electricity charges
incurred
• Maintaining stormwater management facilities and any appurtenances
associated with same
If, during the Maintenance Period, the Developer fails to carry out maintenance work
within forty-eight (48) hours after receipt of notice for the works to be undertaken from
the Township, then the Township may, without further notice, arrange for others to
undertake such maintenance work and the total cost of such work, including
Engineering fees, shall be borne by the Developer.
If the Developer fails to pay the Township within thirty (30) days of the date of billing,
then the money owing may be deducted from the cash deposit or Letter of Credit.
During the maintenance period, ten percent (10%) of the original estimated cost of the
servicing works shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written request
to the Township for a final inspection to be made and notwithstanding the two (2) year
period noted above, the maintenance period will continue for the original two (2) years,
or for thirty (30) days after the receipt of the Developer's written request for a final
inspection, whichever period of time is the greater.
Note: Should, over the time of the Maintenance Period, extensive repairs to or
replacement of any of the Municipal Servicing Works have been required, the
Maintenance Period may be extended to accommodate said repairs or replacement, at
the sole discretion of the Township.
Assumption. Roads: Upon the expiry of the Maintenance Period for the pavement
structure of roads within the plan (excluding the top course of asphalt) and where
necessary the rectification of any noted defects or the realization upon security for
such purposes, the Municipality shall assume the road pursuant to section 31(4) of the
Municipal Act, 2001 through adoption of an "assumption by-law".
8.3 ACCEPTANCE and FINAL ASSUMPTION of MUNICIPAL SERVICES
Certificate of Acceptance and Final Assumption shall mean a Certificate issued by
the Township upon the recommendation of the Township's Engineering Consultant
and/or Manager, Development Engineering confirming the ALL of the Municipal
Servicing Works (identified in Schedule "G") installed by the Developer under the
provisions of this Agreement have been completed in accordance with plans and
specifications reviewed and accepted by the Township's Engineering Consultant
and/or Manager, Development Engineering.
Works completed and certified to obtain a Certificate of Substantial Completion and
Maintenance shall include (but not limited to) the following:
i) All Municipal Servicing Works identified in Section 8.1 and having passed a
2 (two) year maintenance period as per Section 8.2
In addition, the following Municipal Servicing Works shall include and having passed a
2 (two) year maintenance period as per Section 8.2
36
8.4
8.5
ON
ii) Surface (Top) Course of Asphalt
iii) Asphalt in Driveway Aprons / Driveway Paving
iv) Boulevard Grading Topsoil, Sod or Seed
v) Fencing of Ponds, Walkways and Perimeter / Boundaries (as applicable)
vi) Parkland Grading Topsoil, Sod or Seed and Equipment and Fencing
vii) Permanent Signage and Pavement Markings.
viii) Sidewalks and Walkways (where applicable)
On receipt of the Developer's request for a final inspection of the municipal services,
the Township's Engineering Consultant and/or Manager, Development Engineering
shall undertake an inspection to ensure that the Township will accept the municipal
servicing works in accordance with this Agreement for the subdivision or for a
particular phase. (The Surface Lift of Asphalt for the subdivision roads cannot be
placed until 70% (seventy per cent) of the lots have completed dwellings and have
been issued a Certificate of Final Occupancy).
Should the Township's Engineering Consultant and/or Manager, Development
Engineering be satisfied, the Director of Development Services will recommend to the
Township that the Municipal Servicing Works be Accepted and that the Council of the
Township pass the appropriate by-law to Assume ALL of the Municipal Servicing
Works included within this agreement.
Notwithstanding anything hereinafter set out, the Township shall not be obligated to
assume the responsibility for or take over any of the subdivision servicing works until
at least seventy per cent (70%) of the lots on the subdivision or phase of the
subdivision have completed dwellings erected and therein and the Certificate(s) of
Final Occupancy have been issued.
Note: Security for all Landscaping Works shall be held by the Township for twelve
(12) additional months following the issuance of the Certificate of Final Acceptance
and Assumption.
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.
RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the
requisite public services to the lands, shall be entitled to an effective release in a form
suitable for registration in the Land Registry Office for each lot or block, which is in
conformity with the overall Grading Plan for the lands or such variance there from as
has been approved by the Township's Engineering Consultant and/or Manager,
Development Engineering.
Every such release shall operate as a discharge of all levies hereunder by the
Township in respect to each lot or block described in the release, with the exception of
the responsibility for drainage as outlined in Clause 8.6 and the completion and
maintenance of the services.
DRAINAGE — RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS
It is understood and agreed that the drainage of surface waters upon and from the said
lands shall remain the sole responsibility of the Developer and once assumed the
subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision.
The Developer and then subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of surface
waters across and from the said lands in accordance with the provisions of Clause 8.3 of
this Subdivision Agreement. The Developer agrees to provide a copy of Clause 8.6 to
37
each and every prospective builder/prospective purchaser of a lot or block within the Plan
of Subdivision.
The Developer and then subsequent owners, from time to time, of any lot or block within
the Plan of Subdivision upon which the Township elects to enter for the purpose of
rectifying the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a result of
the Township or of its servants or agents entering upon the lands for the purpose of
correcting drainage problems. The cost of such work will be for the account of the
Developer and then subsequent lot owner(s). Any invoices not paid within thirty (30)
days after due date, shall be added to the tax roll and collected in a like manner as realty
taxes as per Section 446 of the Municioal Act. 2001.
PART-9
DEFAULT PROVISIONS
9.1 RIGHT TO REALIZE UPON ANY SECURITIES
Notwithstanding anything herein before contained in this Subdivision Agreement, and in
addition to any other remedies, when the Developer is deemed by the Township to be in
default of this Agreement, the Township reserves the right to realize upon any securities
deposited on or on behalf of the Developer to recover costs incurred by the Township, in
accordance with the provisions of Section 4.6 of this Subdivision Agreement, and/or to
restrict or refuse issuance of Building Permits and/or the Certificate of Final Occupancy,
and the Developer agrees not to apply for any Building Permits or the Certificate of Final
Occupancy for lots or blocks within the Plan of Subdivision, until such time as the
Developer is in full compliance with the provisions of this Subdivision Agreement.
9.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and enure to the benefit of the parties hereto and
their respective heirs, executors, administrators and assigns.
9.3 SUBSTITUTION FOR APPROVALS
Wherein this Agreement reference is made to any named Ministry of the Province,
Township of Oro-Medonte or other public body, such reference where the same requires
their approval, is deemed to be a reference to any other Ministry or body as may be
substituted by legislative change or policy of the Provincial Government or of the
Township.
9.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the
Township in satisfying the obligations of the Developer in the event of default of the
Developer under the terms of this Subdivision Agreement, together with any costs,
charges or expenses incurred by the Township in enforcing the obligations of the
Developer under this Agreement, shall be a first charge or lien against the said lands in
accordance with the provisions of Section 446 of the Municipal Act. 2001.
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 26th day of May, 2021.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per � //( Per
H. S. Hug s �. Aubichon
Title Mavor Title Clerk
BRAESTON MENT CORORATION
Per
J. David Bunston
Title Treasurer
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 BRAESTONE
DEVELOPMENT CORPORATION
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the
Township of Oro-Medonte, in the County of Simcoe, and being composed of the whole of the
lands described as follows:
THE E1/2 & W1/2 LOT 3 CONCESSION 9 ORO AND E1/2 & W1/2 LOT 2 CONCESSION 9
ORO, PART 1 PLAN 51 R21804,SAVE & EXCEPT PART 1 PLAN 51 R28741, PLAN 51 M-
1070, PLAN 51M-1113, PLAN 51M-1181AND 51M-1191; SAVING AND RESERVING FROM
THE E1/2 LOT 2 CONCESSION 9, ALL MINES AND MINERALS, WHETHER SOLID,
LIQUID OR GASEOUS, WHICH MAY BE FOUND TO EXIST WITHIN, UPON OR UNDER
SUCH LANDS; TAN FULL POWER TO WORK THE SAME AND FOR THIS PURPOSE TO
ENTER UPON, USE AND OCCUPY THE SAID LANDS OR SO MUCH THEREOF AND TO
SUCH EXTENT AS MAY BE NECESSARY FOR THE EFFECTUAL WORKING AND
EXTRACTING OF THE SAID MINERALS, AS DESCRIBED IN OR017078 SUBJECT TO AN
EASEMENT IN GROSS OVER PART E1/2 LOT 2 CONCESSION 9 ORO, PART 1 PLAN
51 R40262 AS IN SC1266952 TOGETHER WITH AN EASEMENT OVER SCP460 AS IN
SC1595230 TOGETHER WITH AN EASEMENT OVER SCP465 AS IN SC1631380
SUBJECT TO AN EASEMENT IN GROSS OVER PART W1/2 LOT 3 CONCESSION 9 ORO,
PARTS 1 & 2 PLAN 51 R42440 AS IN SC1671532 SUBJECT TO AN EASEMENT IN GROSS
OVER PARTS 1 & 2 ON 51 R42732 AS IN SC1739421 TOWNSHIP OF ORO-MEDONTE
BEING ALL OF PIN 58532-0305 LT
40
SCHEDULE"B"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE
DEVELOPMENT CORPORATION
PLAN OF SUBDIVISION
Phase 2 Group D Lots 1 to 25
PLAN OF SUBDIVISION
51-M
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 BRAESTONE
DEVELOPMENT CORPORATION
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the appropriate
Lot or Block Number inserted in the description of the document, and the registered Plan
Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is
registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Developer.
All documents to be registered shall be prior approved by the solicitor for the Township
The following land and easements shall be conveyed as Part of Phase 2 Group D:
• Block 26 to be deeded to the Condominium Corporation as a Wetland Block
• Blocks 27 to be deeded to the Condominium Corporation as a wetland access block
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 BRAESTONE
DEVELOPMENT CORPORATION
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development charges are
payable on a per -lot basis prior to the issuance of a Building Permit for each lot, unless
alternative arrangements with the body enacting the By -Law relating to development charges
or education development charges, which arrangements have been brought to the attention
of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian
funds to the Chief Building Official of the Township:
(i) Development charges in accordance with the Township of Oro-Medonte's By -Law at
the rate applicable, upon the issuance of the first Building Permit for each lot upon
which charges are payable.
(ii) Educational development charges in accordance with the Simcoe-Muskoka Catholic
District School Board at the rate that applies upon the issuance of the first Building
Permit with respect to each lot upon which educational development charges are
payable; and
(iii) Educational development charges in accordance with the Simcoe County District
School Board at the rate that applies upon the issuance of the first Building Permit with
respect to each lot upon which educational development charges are payable.
Please also be advised that specific rates applicable to each lot in the Plan of Subdivision
can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the
Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; for the
Simcoe County District School Board, the Superintendent of Facility Services; and in the case
of the County of Simcoe, the County Clerk.
Also, please be advised that the above -referenced By -Laws enacted pursuant to the
Development Charqes 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.
FIR
SCHEDULE"E"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE
DEVELOPMENT CORPORATION
STANDARD TOWNSHIP LETTER of CREDIT (IRREVOCABLE)
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $ 1.373.404.69
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs
and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro-Medonte Ontario, LOL 2X0
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
, up to an aggregate amount of
which is available on demand.
Pursuant to the request of our said customer,
, Ontario,
we, the Bank of
, hereby establish and give to
you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by
you at any time and from time to time, upon written demand for payment made upon us by you which
demand we shall honour without enquiring whether you have the right as between yourself and our
said customer to make such demand and without recognizing any claim of our said customer or
objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the
Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of
Ontario, . The Letter of Credit, we understand,
relates to a Subdivision Agreement between our said customer and the Corporation of the Township
of Oro-Medonte, with Mortaaae COmDanv. as a third party, regarding subdivision of
(property description)
LL
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
45
SCHEDULE "F"
NOTE: It is understood and agreed that this
Agreement between the TOWNSHIP
DEVELOPMENT CORPORATION
PARKLAND DEDICATION
N/A
Schedule forms part of the Subdivision
OF ORO-MEDONTE AND BRAESTONE
46
SCHEDULE"G"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE
DEVELOPMENT CORPORATION
SERVICING WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, watermain and appurtenances, including
service connections, all road works, including curbs and gutters in accordance with the
approved Engineering Drawings to service the Braestone Subdivision (Phase 2 Group D) in
the Township of Oro-Medonte.
C.C. Tatham & Associates Ltd.
Drawing
Rev
Prepared by
Title Page
Tatham Engineering Limited
Index
Tatham Engineering Limited
PH-1
Phasing Plan
9
Tatham Engineering Limited
GS-2
General Servicing Plan
9
Tatham Engineering Limited
GS-3
General Servicing Plan
8
Tatham Engineering Limited
GS-4
General Servicing Plan
8
Tatham Engineering Limited
SC-2
Siltation and Erosion Control
9
Tatham Engineering Limited
SC-3
Siltation and Erosion Control
8
Tatham Engineering Limited
SC-4
Siltation and Erosion Control Details
8
Tatham Engineering Limited
SC-7
Siltation and Erosion Control Details
4
Tatham Engineering Limited
STM-2
Storm Sewer Drainage Plan
9
Tatham Engineering Limited
STM-3
Storm Sewer Drainage Plan
8
Tatham Engineering Limited
STM-4
Storm Sewer Drainage Plan
8
Tatham Engineering Limited
SWM-
Stormwater Management Plan and
9
Tatham Engineering Limited
1
Sections
SWM-
Stormwater Management Plan and
9
Tatham Engineering Limited
2
Sections
SWM-
Stormwater Management Sections and
4
Tatham Engineering Limited
3
Details
LG-4
Lot Grading
9
Tatham Engineering Limited
LG-7
Lot Grading
8
Tatham Engineering Limited
LG-8
Lot Grading
6
Tatham Engineering Limited
LG-9
Lot Grading
6
Tatham Engineering Limited
LG-11
Lot Grading
6
Tatham Engineering Limited
LG-12
Lot Grading
8
Tatham Engineering Limited
PP-1
Plan & Profile Oldenburg Court
8
Tatham Engineering Limited
PP-2
Plan & Profile Oldenburg Court
8
Tatham Engineering Limited
PP-3
Plan & Profile Cleveland Court
6
Tatham Engineering Limited
PP-4
Plan & Profile Easement Friesian Court —
8
Tatham Engineering Limited
Oldenburg Court
PP-8
Plan & Profile Easement Oldenburg
8
Tatham Engineering Limited
Court
PP-20
Plan & Profile Easement Oldenburg
8
Tatham Engineering Limited
Court
GA-1
General Arrangement
7
Tatham Engineering Limited
GA-2
General Arrangement
7
Tatham Engineering Limited
GA-3
General Arrangement
7
Tatham Engineering Limited
GA-4
General Arrangement
7
Tatham Engineering Limited
S-1
Decorative Bridge General Arrangement
4
Tatham Engineering Limited
Plan and Notes
S-2
Decorative Bridge Notes and Details
4
Tatham Engineering Limited
47
D-1
Notes and Details
8
Tatham Engineering Limited
D-2
Township Details
8
Tatham Engineering Limited
D-3
Township Details
6
Tatham Engineering Limited
D-4
Ontario Standards and Township Details
6
Tatham Engineering Limited
D-5
Ontario Standards and Township Details
6
Tatham Engineering Limited
D-6
Ontario Standards and Township Details
6
Tatham Engineering Limited
D-7
Ontario Standards and Township Details
6
Tatham Engineering Limited
WAT-1
Water Distribution and Swabbing Plan
9
Tatham Engineering Limited
WAT-2
Water Distribution and Swabbing Plan
9
Tatham Engineering Limited
LP-0
Key Plan
Envision Tatham Inc.
LP-1
Tree Protection and Compensation Plan
Envision Tatham Inc.
LP-3
Tree Protection and Compensation Plan
Envision Tatham Inc.
LP-6
Tree Protection and Compensation Plan
Envision Tatham Inc.
LP-7
Tree Protection and Compensation Plan
Envision Tatham Inc.
LD-1
Landscape Details
Envision Tatham Inc.
Note: The aforementioned drawings were stamped "Accepted for Construction" by the
Township's Engineering Consultant on January 9, 2020.
M,
SCHEDULE"H"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE
DEVELOPMENT CORPORATION
ITEMIZED COST ESTIMATE OF SERVICING WORKS
The following list summarizes the cost estimate of the major servicing works, but is not
necessarily inclusive:
ORAESTONESVBOMSION
PXPSE2 GE GW GRANGE DRN CONSTRUCT ACCESS RGND
C.wthacl Na 103059
4dr�lmpI
ITEM FSTMPTED
No. DESCRIPTIp.1 VNR OIIAIRITY
GCIX2GWJ GRANDE DRIVE
I.OSREWCRK
UNR PRICE A5 w
tOt
S�gle Heary Wry 9l Ferro
1,981
520A0
53g,@O.00
1@
Owtle Xaaw Uuq Sil Fern®c1w 51mw Bale
235
Z:A.OD
Slt,]W OO
lA]
TemOavy 5hax8eleCMG pam
18
Z1S0.00
j2,]W.00
10l
Ponnemnl Rock CIwUCOmr
9
S]W.00
S6 bD.00
1.05
CaruYac4an Fr4y,ca hW Fbt
ca
t
ST.(IOO.00
S].000.00
l08
Fn:ewtion mtl Gabq
a1 Str9 eM SlaVyie Ta (ROW)
4.851
WMI
YM 9B]00
b) Saean Topsoi(R.O.W.)
4.851
$.30
52t.843.00
C) EvawMn aM Orderl9 CU41=g1(RO.W.I
5,93]
E53D
Vlzaw 0
BI Fv%avalun aM tieOYq-mbpus mrlh mtfiom RO.W.bbtl
m
4,121
55.50
522885.50
•rllai.l ar aB. Wpl{a
flll,x'A.00
1.94�
20t
K
t00mm Eb. SVbbaM
x95
515110
j4,425.00
2@
Crmaxerl3' (4llpn�nl
12,s10
$1430
slM.I OD0
203
l3rmal .R (150mm1
W
10,3T9
W9w
$93.411 W
2AM
Carole CUT aM Gu6eT
310
f45.00
s2T�00.00
205
Bete CowsAspMnlLi (sOnun)
Tp@
slow
208
Su1ec¢CouseAyhell XL-3 (4IXnmj
]1.
5]0,820.00
W0145 ).w
2m
AWnett Baulewm-I1eeW TampeO
amp
leg
$15.W
i1sA0
0
209
Amhae Spllwey
s
s225.00
41.3m
st.350.00
zOB
Sleal Benm Gutle Roi
28T
s100.00
i2s.TOD_00
2t0
QWe, Tepwi arM SaO Bauleratl
t0,9T0
5s2,2T5.0p
2ll
COn�blgia 40M0
1320
S15.
5-M Oa
s19,80000
Subtotal or RaeE Worka
5552py,96
3e WATERI.4VN
3.0,
1v mBb.PVCw...
t,033
$IW.W
S19Q270AO
3.@
;s M Bb.)�PE (Waclwr®I hibe)
W
Si00.OD
s20.000A0
30a
v _Bb. GeM vahv
4
sS,T(q.p0
*14.8W.W
3.w
HyOrent VNw aM Lm] ruW Entrenra
6
s8.5WA0
u100000
3.05
19nm Ob_ R Wamr servbe
25
52000A0
550.000.00
3D"
PRV - V.he
Ls
1
sm.000.00
52o.00om
3m
wlaaoYC Ftrdra
6ssoD uo
bs.soo.00
3.08
Plug erM ThmN bbCk
m
1
s25o0.00
52..W
s�lolal er W.I. W..
1350A>0.60
44. STIX1M
SEINER
4.01
300mm dia
m22o
S3lIRO0
s88.000m
a@
5tbmm Bb.
m88
S3T5.00
533.o00A0
403
6 m x 600mm DiM blot Catchtb nn
32
s3,500m
s1"JW.W
4.01
6Wrnmxt4� mDwda CaRlemsb
1
s5,T5➢AD
s5,]s0.00
4.05
t$OOmm Eb.OwlNa caldbasb n'IerMNe
t
se,IW.W
s
4.08
Ba hmch lu Oi It
491
0
s93.368m
IM'M
Clem Dul
cl
16
IFIMI
$1
'W
4.a9
cawele HaeCedl rJw Grvle
1
lwIou
se.](p_Op
7W W
58.TOO..
t69
CMlr WIbI RO Rep
m
1e3
rsm
$
salaeta.r slam s.w.r warK:
sasl,axs.stl
"23..
O
STRFMI(`R2CCWCC
01
.Ot
6trmm Qaitig Gltlsalffi ON00-GA-1
LS
t
s'lOO,Ooo.110
¢Op UOILIIO
5.02
Stree�n CmsaYg Culwtz1a 0�820-fi43
LS
t
550,pO0.O0
SSOOOO 00
Subtot.l o/ GGD Sbeam Croaslnpa
ZR6o,900.00
I1 F _'ryO(j iGXJOI _ gRFit.;
Umm CrossYg CUlwasm l�T25-GM3
LS
l
S50AOOAa
550,000AO
8.@
Sbmm Crossip Cttivarl9a 2.61r-Crl�
LS
t
s50,000A0
s5000000
>l�IbfaYl M SWam CMaNntl' Thorautlhbr.a Drlve
Zt9p.p06.0e
T 701
aaS4 Streal3pns
3
s350.Op
st,050.00
7.02
SB tLgM1
3
$5."W
sls'l .w
703
Orrveeay Entrervs C(W CUNmt
25
51500.00
s15,000.00
T.w
sbmiTraoz
50
ZC2iC0
azt250.00
Subtoal of A9acellaneao.
591,ZOO.pO
102Commwnry sl"A".56
NST (13%) $212 =I1T
Tnbl 523M,98632
LETTER OF CREDIT REQUIRED
Subtotal (100% of estimated costs) $ 1,906,665.50
Plus contingency (10%) 190,666.55
Plus HST (13%) 272,653.17
Less pre -servicing securities held by Township 996,580.53
TOTAL REQUIRED SECURITIES
FOR SUBDIVISION AGREEMENT $ 1,373,404.69
49
SCHEDULE "I"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE
DEVELOPMENT CORPORATION
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVELOPER
CONSULTING ENGINEER
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE AND BRAESTONE DEVELOPMENT CORPORATION
The Developer(s) dated
1. The Developer hereby agrees and undertakes to complete the construction of the
Municipal Servicing Works as required by the above -mentioned Agreement in
accordance with the time schedule for the completion of services as approved by the
Township's Engineering Consultant and/or Manager, Development Engineering and
more specifically in accordance with the following schedule and conditions:
Note: Before any building erected on the lots or blocks in the Plan are occupied all the
Requirements for Occupancy, as set out in Clause 7.1, shall be complied with.
On or Before
a) Sanitary Sewers and Lateral Service Connections NAP,
b) Water Main and Servicing Connections December 1. 2020
c) Stormwater Management Pond NSA
d) Storm Sewers / Ditches / Basins December 1, 2020
e) Road Base - Granular "B" and Granular "A" December 1, 2020
f) Base Lift of Asphalt on or before December 1, 2020
g) Installation and Energization of Streetlightina July 1. 2021
h) Black Vinyl Chain Link Fencino NW
i) Landscaping / Street Trees NW
j) Parkland Servicing NW
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
50
completion date, it being understood and agreed that the Township's authorization is
limited only to that work required under the Declaration;
The Developer further agrees to shall apply calcium or other Ministry of the
Environment and Climate Change approved dust suppressant to those roads within
the subdivision and/or utilized by construction traffic, that have not had asphalt
surfaces applied, in quantities sufficient to prevent any dust problem to traffic or home
occupants, and further to undertake water flushing and mechanical sweeping and
cleaning to those roads within the subdivision and/or utilized by construction traffic,
that have had asphalt surfaces applied, sufficient to prevent any dust problem or mud
tracking to traffic or home occupants, to the satisfaction of the Township until the
Certificate of Final Acceptance and Assumption has been issued.
4. The Developer further agrees and the Township is hereby authorized to undertake any
of the maintenance work as set out under Item 3 hereof, not completed by the
Developer within 24 hours after receipt of such request for maintenance, at his
expense, and without limiting the generality of the foregoing, the Township's cost shall
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.
BRAESTONE DEVELOPMENT CORPORATION
Per
J. David Bunston
Title Treasurer
Seal or Witness Date
51
SCHEDULE"X"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE
DEVELOPMENT CORPORATION
WINTER ROAD MAINTENANCE
Winter Road Maintenance shall include; snow plowing, sanding, salting, snow removal
and any other winter maintenance operations, undertaken in a time frame and at the
appropriate service level to ensure safe use of the public highway and, at a minimum,
in the same manner as the Municipality removes snow and ice from its public
highways.
Winter Road Maintenance shall only be carried out by the Township:
1. At times deemed by the Township to be an emergency under authority of section
6.14 ("emergency works"); or
2. Under the terms of a separate agreement whereby the Township is contracted to
undertake such maintenance as the Developer's agent (an "Unassumed
Subdivision Road Winter Maintenance Agreement").
The Developer agrees that it shall pay the Municipality for undertaking such
emergency work at the rates articulated in the "Unassumed Subdivision Road Winter
Maintenance Agreement" and such amounts shall be paid by the Developer within
thirty (30) days of the date of billing. Payment for non -emergency work shall be in
accordance with the terms of an Unassumed Subdivision Road Winter Maintenance
Agreement).
The Developer agrees that failure to pay for such emergency work or work conducted
under an Unassumed Subdivision Road Winter Maintenance Agreement shall entitle
the Municipality to realize upon any cash deposits or security lodged under this
Agreement in accordance with the procedures outlined in Parts 4 and 9 of this
Agreement and/or such Unassumed Subdivision Road Winter Maintenance
Agreement.
It is agreed by the Developer that should damage or interference with the municipal
servicing works of the Developer by the Township undertaking emergency winter road
maintenance, the Developer will make no claims against the Township for such
interference or damage, providing the work is carried out in a normal and reasonable
manner.
Where the Township undertakes Winter Road Maintenance under an Unassumed
Subdivision Road Winter Maintenance Agreement the Municipality's liability for
damage to municipal servicing works of the Developer shall be identified therein.
It is agreed by the Developer that emergency winter control o erations or work under
an Unassumed Subdivision Road Winter Maintenance A men
all not prejudice
the Township's rights to enforce the maintenance p ISO nd stantial
Completion and Maintenance or Final Acceptance n sum Lio ovisions in this
agreement.
Per
J. David Bunston
Title Treasurer
h+54e, N4 y 1 e, 2c7u
Seal or Witness Date
52
SCHEDULE "K"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision
Agreement between the TOWNSHIP OF ORO-MEDONTE AND BRAESTONE
DEVELOPMENT CORPORATION
MASTER MONITORING DOCUMENT
The Developer shall collect baseline data respecting groundwater and surface water in
accordance with the "Master Monitoring Document Buffalo Springs Property" prepared by
Michalski Nielsen Associates Limited, dated January 2006 and revised June 2009. The most
recent being the 2019 Master Monitoring Report - Braestone Project prepared by Beacon
Environmental Revised July 2019.
The Developer shall develop a long term monitoring program to the satisfaction of the
Ministry of Natural Resources to be administered by an Environmental Committee and
prepared in accordance with the "Monitoring Program — Environmental Impact Study
SabistonNaldoro and Buffalo Springs Development' prepared by Michael Michalski
associates on October 11, 1994.
The Developer has obtained approval from the Ministry of Natural Resources by their letter
dated July 16, 2009, in which the Ministry has approved the 2008 Master Monitoring
Document dated December 2008 (Revised July 2009), which fulfills the Ontario Municipal
Board condition and in which the developer shall comply with.
53