1993-057 Oro To Authorize the Execution of a Subdivision Agreement (Simoro Golf Links)
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 93- 57
Being a By-Law to Authorize the Execution of a
Subdivision Agreement (Simoro Golf Links)
WHEREAS draft approval for a registered plan of Subdivision on
North Part Lot 19 and West Part Lot 20, Concesssion 1,
Oro, County of Simcoe known as Simoro Golf Links has been
from the Ministry of Municipal Affairs and Housing;
AND WHEREAS pursuant to Section 50(6) of The Planning Act, 1983,
it is deemed desirable for the Township to enter into a
Subdivision Agreement with the Owner and have the Subdivision
Agreement registered against the title of the said lands;
NOW THEREFORE the Council for the Corporation of the Township of
Oro hereby enacts as follows:
1. That the Reeve and Clerk are hereby authorized to
execute on behalf of the Corporation of the Township of
Subdivision Agreement dated the /l'''day of
, 1993, a copy of which is attached
hereto and forms part of this By-Law as Schedule "A".
2. That the Municipality shall be entitled to enforce the
provisions of the Subdivision Agreement against the
owners and any and all subsequent owners of the land.
READ a first and second time this
1993.
11th
day of August
READ a third time and finally passed this 11th
1993.
day of August
THE CORPORATION OF THE TOWNSHIP OF ORO
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August, 1993
12-90078-50
SUBDIVISION AGREEMENT
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ARTISANS INVESTMENTS CO. LTD.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO
- and -
ROYNAT INC.
DESCRIPTION OF LANDS
TOWNSHIP OF ORO
COUNTY OF SIMCOE
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TOWNSHIP OF ORO
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
SCHEDULES
Order of Procedure
Attached Schedules
Township's Legal, Planning
& Engineering Costs
Developer's Consulting
Engineer
Works to be Installed
-_pproval of Plans
Notification-Commencement/
completion
Declaration of Progress
and Completion
Construction of Work
Inspection of Construction
Voiding Agreement
Developer's Expense
Securities
Staging
Discharge of Securities
Scheduling of Works
Progress of Works
Contractor
Inspection and Acceptance
of Works
Prior Inspection and
Acceptance
Statutory Declaration of
Accounts Paid
Maintenance of Works
Final Acceptance of
Works (Underground)
Use of Works by Township
winter Road Maintenance
Emergency Repairs
Developer's Liability
Insurance
utility and Costs
and Charges
Blasting
Access Road
Damage to Existing Plant
Dust Control
Drainage and Lot
Grading
Lands for Municipal
Purposes
36. Construction Refuse
37. Replacement of Survey Bars
38. Legal Notice to Developer
39. Registration
40. Mortgagee Being Owner
41. Assignment or Transfer of
Mortgage
42. Requirements for Building
Permits
43. Requirements for Occupancy
44. Movement of Fill
45. Occupancy Liquidated
Damages
46. Easements
47. Lots Unsuitable For
Building or Requiring
Special Attention
48. Release of Lands
49. Development Charges Act
Levies and Drainage &
Local Improvement Charges
50. Drainage-Responsibility
of Owner
51. Fencing of Public
Walkways
52. Preservation and Planting
of Trees
53. Pledge of Title to Lands
54. Ontario Hydro and Bell
Canada
55. Erosion and Silting
Control
56. Signs
57. Simcoe Country District
Health unit Approval
58. Ministry of Natural
Resources and Nottawasaga
Valley Conservation
Authority Approval
59. Ministry of the Environment
and Energy Approval
60. Perimeter Fencing
61. warning to Prospective
Lotowners
62. House Numbering
63. Default provisions
SCHEDULES
Schedule "A" - Description of Lands Being Subdivided
Schedule "B" - Plan of Subdivision
Schedule "c" - Works to be Constructed
Schedule "D" - Itemized Estimate of Cost of Construction of Each
Part of the Works
Schedule "E" - List of Lots Unsuitable for Building Purposes
and/or~Reqqiring Special Attention
Schedule "F" - List of Development Charges Act Levies, Drainage,
and Local Improvement Charges to be Commuted by the
Developer
Schedule "G" - Lands to be Deeded and list of Easements to be
Granted to the Township
Schedule "H" - Parkland
Schedule "I" - Declaration of Progress and Completion
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TOWNSHIP OF ORO
SUBDIVISION AGREEMENT
THIS AGREEMENT made in quadruplicate this the
1993.
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/1 day of hU'j',
BETWEEN:
ARTISANS INVESTMENTS CO. LTD.
hereinafter called the "Developer"
OF THE FIRST PART
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THE CORPORATION OF THE TOWNSHIP OF ORO
hereinafter call the Township
OF THE SECOND PART
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ROYNAT INC.
hereinafter called the "Mortgagee"
OF THE THIRD PART
WHEREAS the Developer is the owner of the land described in
Schedule "A" to this Agreement and proposed to subdivide it for
purposes of selling, conveying, or leasing into lots, by reference
to a registered plan of subdivision;
AND WHEREAS the Developer warrants that it is the registered owner
of the lands and has applied to the Ministry of Municipal Affairs
and Housing, hereinafter called the Minister, for approval of a
plan of subdivision, hereinafter call the Plan, which is annexed
hereto as Schedule "B" to the Agreement;
AND WHEREAS the Township has been authorized by the Minister to
require the Developer to agree to construct and install certain
watermains and water services, roadways, structures, drainage
works, landscaping, conservation works and any other requirements
as hereinafter provided and herein referred to as the "Works" set
out in Schedule "c" and to make financial arrangements with the
Township for the installation or construction of required services
before final approval of the Plan by the Minister;
AND WHEREAS the Developer is required to dedicate for public
purposes certain portions of the lands or to make a cash payment to
the Township in lieu of dedicating such land;
AND WHEREAS the word "Developer" where used in the Agreement
includes an individual, an Association, a Partnership, or a
corporation and wherever the singular is used herein it shall be
construed as including the plural;
AND WHEREAS the Developer has complied with the Township's Order of
Procedure Policy the matters to be dealt with prior to the signing
of the Subdivision Agreement and has:
a)
Deposited with the Township an amount to be determined by the
Township to cover the initial cost of the Township.
b) Submitted a general plan outlining the services to be
installed.
c) Submitted proof of either the Health unit approval to
dispose of the sewage effluent by tile drainage or the
Ministry of the Environment and Energy's approval to dispose
of the sewage effluent by other means.
d) Deposited with the Township securities and insurance as
outlined in the Agreement.
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e) Paid in full outstanding taxes and drainage and local
improvement charges.
f) Mutually agreed with the Township on the parcel of land to be
deeded to the Township for Parkland or the amount of cash to
be given to the Township in lieu of Parkland.
g)
Deposited with the Township's Solicitors all necessary
transfers of land and rights of way needed for municipal
purposes including 0.3 metre reserves.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
other good and valuable consideration and the sum of Two Dollars
($2.00) of lawful. !'L\:nA....i vE C.::~....da, now paid by each of the parties
hereto to each of the other parties hereto, (the receipt whereof
is hereby acknowledged) the parties hereto hereby covenant, promise
and agree with each other as follows:
1. ORDER OF PROCEDURE
A. Prior to Starting Construction and Prior to the Issuance of
Building Permits, the Developer shall:
a) Obtain final approval of the Plan from the Ministry of
Municipal Affairs and obtain registration of the Plan;
b) Submit and obtain the Township Engineer's approval of the
following, all to be in accordance with the Township's
approved Engineering standards;
i) the drainage plan
ii) the lot grading plan
iii) the service layout plan for Hydro, Telephone and
Gas
iv) the road, sewer and watermain plans and profiles.
c) Submit to the Township, the Ministry of the Environment
and Energy's certificate of Approval for Water Supply and
Distribution System and Storm Sewer System;
d) Erect signs in accordance with Clause 56.
B. Prior to the Sale, Mortgaging or other disposition of the Lot
and/or the Issuance of Building Permits the Developer shall:
a) Deposit with the Township the Development Charges Act
levy.
b) Deposit with the Township the deed for parkland or the
amount of cash in lieu of parkland.
c)
Have obtained the Township Engineer's certificate of
Substantial Completion and Acceptance (Underground Works)
for the complete water supply and distribution system and
drainage works.
d)
Have complied with all the remaining requirements of
Clause 42.
e) Install the driveway culverts or deposit with the
Township su'tficient monies to cover the cost of the
supply and instailation of the culvert by the Township at
a later date.
C. Prior to any person occupying a building within the
Subdivision, the Developer shall:
a) Comply with all the requirements of Clause 43 of the
Agreement.
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2. ATTACHED SCHEDULES
The following Schedules are attached to and form part of this
Subdivision Agreement:
1.
Schedule "A" - Description of Lands Affected by this
Agreement
Schedule "B" - Plan of Subdivision
Schedule "c" - Works to be Constructed
Schedule "D" - Estimated Costs
Schedule "E" - List of Lots Requiring Special Attention
Schedule "F" - Charges against Lands
Schedule "G" - Land to be Deeded and Easements to be
granted to the Township
Schedule "H" - Parkland
Schedule "I" - Declaration of Progress and Completion
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9.
3. 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 Engineer for
checking 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
that deemed necessary by the Township. In this regard the
Developer agrees to pay to the Township, the sum of Five
Thousand Dollars ($5,000.00 ) 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 engineer, 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. The charges for the Township Engineer will
be based on payroll costs times a factor of two, plus properly
incurred expenses. In the event that the deposit is drawn
down to a level of $5,000.00 or less, and the Developer does
not pay the accounts within 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. DEVELOPER'S CONSULTING ENGINEERS
1. The Developer shall employ engineers registered and in good
standing with the Association of Professional Engineers of
ontario:
a) to prepare designs;
b) to prepare and furnish all required drawings and
specifications;
c) to prepare the necessary contract (s) and provide contract
administration;
to obtain the necessary approvals in conjunction with the
Township, from the Ministry of the Environment and
Energy, the Ministry of Natural Resources, the Simcoe
County District Health Unit, the Nottawasaga Valley
Conservation Authority and utility companies;
e) to act as the Develope/Is representative in all matters
pertaining to the subdivision;
d)
f) to provide co-ordination in scheduling to comply with the
timing provisions of this Agreement and the requirements
of the Township Engineer, for all the work specified in
this Agreement;
g) to provide supervision during construction of all the
services;
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h) to ensure that the work involved in construction of th
services is carried out by construction method
conforming to acceptable engineering practice;
i) to maintain records of construction which shall b
available for inspection or copy by the Township;
j)
k)
to prepare final "as constructed" mylar drawings;
to furnish the Township with a certificate with respec
to each lot or building block for which a Building permi
application is made, certifying that the proposel
construction is in conformity with the overall gradinl
plan or with an approved variation; (Note that
professional engineer COUla dlb0 b2 ~etained to providl
the aforementioned);
1) to prepare and provide the Township, for each lot 0:
block within the plan, a certificate of final gradi
elevation, indicating that the property has bee]
developed in conformity with the overall grading plan OJ
wi th an approved variation (Note that a professiona:
engineer could also be retained to provide thE
aforementioned) ;
NOTE: In the case of lots built on at a later date, thl
Township reserves the right to request a simila"
certificate as required under (k) and (1), but i
may be provided by a Professional Engineer, othe
than the Developer's Consulting Engineer or a
Ontario Land Surveyor. If the Township has thei
Engineer prepare the Certificate, the cost of th
work will be added to the cost of the Buildir
Permit.
5. WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "c" to th
Agreement. This schedule is to set out the works in gener
terms only and shall not be construed as covering all items
detail.
The works are to be designed and constructed in accordar
with the current Engineering standards adopted By-law by t
Township at the time of signing of the subdivision agreemer
A copy of these standards is available at the MuniciI
Office.
If at any time and from time to time during the development
the sUbdivision, the Township Engineer is of the opinion t
additional works are necessary to provide adequately any
the public services required by the Plan, the Developer sh
construct, install or perform such additional works at
request of the Township Engineer.
6.
APPROVAL OF PLANS
The Developer and the Engineers employed by him shall have
plans and specifications for the works approved by
Township Engineer prior to construction and the originals
be stamped as accepted by the Township Engineer.
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7. NOTIFICATION OF COMMENCEMENT AND COMPLETION
The Developer shall not commence the construction of ar
the works until the Developer has provided 48 hours wr:
notice to the Township Engineer of his intent to com!
work.
The Developer shall complete the works expeditiousl}
continuously, and all underground services shall be inst
within one year of the day of registration of this Agree
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and all above-ground services shall be installed in accordance
with the Declaration of Progress and Completion as required
under Clause 8 of this Agreement, but no longer than two years
from the date of registration of this Agreement, unless
extended by the Township Engineer. Should for any reason
there be a cessation or interruption of construction, the
Developer shall provide 48 hours written notice to the
Township Engineer before work is resumed.
8.
DECLARATION OF PROGRESS AND COMPLETION
a) Prior to the approval of the underground services, the
Developer shall provide the Township Engineer with an
undertaking' tor tne conlpJ.etion dates of all remaining
works required by this Agreement and in a form similar to
that attached to this Agreement as Schedule "I", the
Declaration of Progress and Completion for approval of
the Township Engineer. The Township reserves the right
to alter the completion dates as it sees fit and the
Developer agrees to complete the services.
b) 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 predetermined
liquidated damages, the sum of Fifty Dollars ($50.00) for
each and every day the said services are behind schedule
of construction, and no further building permits shall be
issued.
NOTE:
If underground services are not required to
service the Plan, the Declaration is not
required. In such case construction of the
required works shall conform to Clauses 7 and
16 with regard to completion times.
9. CONSTRUCTION OF WORKS
10.
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11.
FOllowing the registration of this Agreement, the Developer
shall cause to be constructed all requisite works, in order to
provide services to the lots and buildings blocks within the
Phase.
INSPECTION OF CONSTRUCTION OF SERVICES
During construction of the services 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 Engineer
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 Engineer 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 requirements for
services, he will have the authority to cease construction
operations by verbal notice to the contractor and/or the
Developer's Engineer, such notice to 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.
VOIDING AGREEMENT
In the event that the Plan is not registered within one year
from the date of signing this Agreement the Township may as
its option, declare this Agreement to be null and void.
12. 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.
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13. SECURITIES
Prior to signing the subdivision agreement the Developer will
deposi t with the Treasurer of the Township to cover the
faithful performance of the contract for the installation of
p..,,,, si3id 3.8rvices 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 Engineer and Township council, or
b) An irrevocable Letter of Credit from a chartered Bank,
issued in accordance with the requirements of the
Township Solicitor with an automatic renewal clause, in
the amount of ninety percent (90%) of the estimated costs
of the said works as set out in Schedule "D" and as
approved by the Township Engineer. 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.
In addition to the above noted Letter of Credit which is
intended to guarantee the completion of the works, the
Developer shall provide a further Letter of Credit in the
amount of ten percent (10%) of the estimated cost of the
said work. This Letter of Credit for ten percent (10%)
is intended to guarantee maintenance of the works and
shall be issued at the same time as the ninety percent
(90%) Letter of Credit and shall be for a guaranteed
period of one (1) year or such longer time as the
Township decides, and shall be renewed automatically as
necessary three (3) month prior to expiration.
c)
Notwithstanding the provisions of subparagraphs (a) and
(b) above, the estimated cost of the Works as set out in
Schedule "D" will be reviewed and updated by the Township
Engineer 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 Engineer within thirty (30) days of
notice by registered mail from the Township Engineer.
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In the event that the Developer fails to deliver to the
Township the additional security as required by the
Township Engineer, 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 dut 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
Engineer shall submit an estimate of the cost of the
works to the Township Engineer for approval. When the
cost estimate has been approved it will be set out in
Schedule "0" of this Agreement and will become the basis
for the limits of the securities.
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14.
STAGING
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The Township, in its sole discretion, may instruct the
Developer to construct the services in particular stages
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 stages. If the work is
thus staged, as approved by the Township, then in lieu of
furnishing cash payment or letter of credit all as set out in
Clause 13 for ninety percent (90%) of the estimated costs, as
approved by the Township Engineer, the Developer shall deposit
security for part of the services the Township has approved.
Before proceeding with an additional st;:;.g.::. ~t..... ;:;G.v- 21;:;;;- -' 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 fifty (50%) of the lots of the
subdivision or stages of the subdivision have been built upon
and all the services have not been completed and approved by
the Township Engineer, the Township reserves the right to
refuse commencement of the next stage until all services have
been installed and approved.
In no event will further subdivisions of the Developer or
stages of subdivisions of the Developer be approved if all
services of the active stage approved by the Township Engineer
have not been completed 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 fifty
percent (50%) of the lots on the subdivision or stage of the
subdivision have completed dwellings erected therein. The
Developer shall be responsible for the maintenance of the
services in this case until the Township has assumed the
responsibility of the services.
15. DISCHARGE OF SECURITIES
After the completion of fifty percent (50%) of the services in
the subdivision or in an approved stage of the subdivision the
Developer shall, as the work further proceeds to completion,
have the privilege, on application to the Township and upon
certification of the Township Engineer, of obtaining
discharges of the cash or Letter of Credit deposited for the
installation of the services, in increments of not less than
ten percent (10%). Upon application for release of securities
the Developer's Engineer shall provide an estimate of the cost
to complete the work. This amount when approved by the
Township Engineer shall be retained along with twenty percent
(20%) of the original estimate and the remainder released. A
further 10 percent (10%) of the original estimate will be
released upon satisfactory assurance to the Township that
there are no liens against the Plan or the Township.
f
Upon the issuance of the certificate of Substantial Completion
and Acceptance all faithful performance securities will be
released except for the ten percent (10%) cash or 10 percent
(10%) Letter of Credit retained during the Maintenance Period.
16. SCHEDULING OF WORKS
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Prior to the start of ~onstruction the Developer shall supply,
for the Township Engineer's approval, a Schedule of Works
setting out the order in which he considers the various
sections of the works within the Plan will be built. The
Township Engineer may amend this Schedule and the Developer
shall construct, install or perform the works as the Township
Engineer 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 7.
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17.
PROGRESS OF WORKS
After the completion of the underground services the Developer
shall complete the Declaration of Progress and Completion for
the approval of the Township Engineer and from that date the
said Declaration shall apply and take precedence over Clause
16. Prior to signing the Declaration of Progress and
completion the Developer shall install all works in accordance
with the Schedule of Works or as directed by the Township
Engineer. If he fails to adhere to the scheduling provisions
outlined in the Schedule of Works or the Declaration, or,
having commenced to install the aforesaid works, fails or
neglects to proceed with reasonable speed, or in the event
that the aforesa:i,.:l '.'::rkc are not being installed in the manner
required by the Township Englneer, then upon the Township
Engineer giving seven (7) . days written notice by prepaid
registered mail to the Developer, the Township Engineer may
without further notice enter upon the said land and proceed to
supply all materials and to do all necessary works in
connection with the installation of the said works, including
the repair or reconstruction of faulty work and the
replacement of materials not in accordance with the
specifications, and to charge the costs thereof together with
an engineering fee of ten percent (10%) of the cost of such
materials and 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 may 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 works by the
Township. The Township, in addition to all other remedies it
may have, may refuse to issue building permits until such
works are completely installed in accordance with the
requirements of the Township Engineer. 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.
If underground services are not required to service the Plan,
the Declaration is not required. In such case construction of
the required works shall conform to Clauses 7 and 16 with
regard to completion times.
18. CONTRACTOR
19.
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The said services shall be installed by a contractor or
contractors retained by the Developer and approved in writing
by the Township Engineer.
INSPECTION AND ACCEPTANCE OF WORKS
When all of the services have been completed in accordance
with this Agreement or in a particular stage, the Township
Engineer and Public Services Administrator shall make an
inspection and arrange for an inspection by the Ministry of
Transportation to ensure that the Ministry will accept the
road system for subsidy purposes. The Township Engineer shall
issue a certificate of Substantial Completion and Acceptance
(Aboveground Services) when the Works are accepted by the
Township. This Certificat-Ei may contain a list of minor
deficiencies which have to be corrected by the Developer but
which are not cortsidered of sufficient importance to delay the
issuance of the Certificate and the acceptance of the services
by the Township. The two (2) year maintenance period will
commence when this Certificate is issued.
20. PRIOR INSPECTION AND ACCEPTANCE OF UNDERGROUND SERVICES
It is intended that the water supply and distribution system,
hydro and street lighting and sewer systems will be
constructed, inspected and approved prior to the completion of
the other Works.
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Building permits will not be issued until the Township
Engineer has given the certificate of Substantial Completion
and Acceptance (Underground Services) .
The two (2) year maintenance period for the underground
services will commence when this certificate is issued.
During the maintenance period, the Developer shall be
responsiiHe tor \..ue normal operation and maintenance, and all
repairs for the system noted in the certificate.
The operation of the water supply and distribution system can
be arranged to be carried out by the Township, with all costs
paid by the Developer.
If, during the two year maintenance period, the Developer
fails to carry out rectification and/or repair work as
requested by the Township, then the Township may carry out the
work and be reimbursed the cost of the work from the
Developer's securities as set out under Clause 22.
21. STATUTORY DECLARATION OF ACCOUNTS PAID
The Developer agrees that upon applying for a Discharge of
Securities or for a certificate of Substantial Completion and
Acceptance for the services within the subdivision or upon
applying for prior acceptance of the underground services, he
shall supply the Township with a Statutory Declaration that
all accounts for work and materials for said services have
been paid and that the construction Lien Act has been complied
with and that no liens thereunder have or can be registered
except normal guarantee holdbacks and that there are or will
be no claims for liens or otherwise in connection with such
work done or materials supplied for or on behalf of the
Developer in connection with the subdivision.
22.
MAINTENANCE OF WORKS
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The Developer will be responsible for the repair and
maintenance of all the subdivision services for a period of
two (2) years from the date of the certificate of Substantial
Completion and Acceptance. This shall be called the
Maintenance Period. If during this period the Developer fails
to carry out maintenance work within 48 hours after receipt of
a request from the Township, then the Township Engineer may,
without further notice, 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 depositor
letter of credit. During the maintenance period ten percent
(lO%) of the original estimated cost of the 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 ,f2) 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.
Notwi thstanding anything hereinafter set out, the Township
shall not be obligated to assume the responsibility for and
take over the subdivision services until at least fifty
percent (50%) of the lots on the subdivision or stage of the
subdivision have completed dwellings erected therein. The
23.
,
24.
Developer shall be responsible for the maintenance of the
services in this case until the Township has assumed the
responsibility of services.
FINAL ACCEPTANCE OF WORKS
On receipt of the Developer's request for a final inspection
the Township Engineer will again inspect the work and if
satisfied will recommend to the Township that the certificate
of Maintenance and Final Acceptance be issued. It should be
noted that the certificate of Maintenance and Final Acceptance
(Underground Services) can be applied for by the Developer two
(2) years after the receipt of the certificate of Substantial
Completion and Acceptance (Underground Services).
USE OF WORKS BY TOWNSHIP:
The Developer agrees that:
a) The works may be used prior to acceptance, by the
Township or other authorized persons for the purpose for
which such works are designed.
b) Such use shall not be deemed an acceptance of the works
by the Township, and
c) Such use shall not in any way relieve the Developer of
his obligations in respect of the construction and
maintenance of the works so used.
25. WINTER ROAD MAINTENANCE
26.
e
27.
An exception to the liability of the Developer for all
maintenance and repair of the services during the two (2) year
maintenance period will be snow plowing which operation will
be the Township's responsibility after the issuance of the
certificate of Substantial Completion and Acceptance. It is
agreed by the Developer that the snow plowing operation shall
not prejudice the Township's rights to enforce the maintenance
provisions. Prior to the issuance of the certificate of
Substantial Completion and Acceptance, however, the Developer
shall be responsible for the snow plowing also. In the event
that proper vehicular access or snow removal is not provided
by the Developer, the Township through its servants,
contractors, or agents may provide access and remove snow
without notice to the Developer. Such removal of snow shall
be only carried out at times deemed to be an emergency by the
Public Services Administrator. All costs of such work shall
be paid by the Developer within thirty (30) days of the date
of billing or otherwise may be deducted from the cash deposit
or Letter of Credit. The Developer further agrees that any
work done by the Township pursuant to this agreement before
the roads are accepted by the Township shall not be deemed in
anyway to be an acceptance by the Township of the roads in the
said subdivision upon which such work is done. The Developer
acknowledges that the Township whilst providing access by
removing snow may damage or interfere with the works of the
Developer and covenants that he will make no claims against
the Township for such interference or damage, providing the
work is carried out in a normal and reasonable manner.
EMERGENCY REPAIR~
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 works. Such entry and
repairing shall not be deemed an acceptance of the 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.
'.
DEVELOPER'S LIABILITIES
until the Township has issued the certificate of Maintenance
and Final Acceptance for the 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 owner.
,
28.
INSURANCE
The Developer shall insure against all damages or claims for
damage in an Insurance Company satisfactory to the Township
Clerk. Such policy or policies shall be issued in the joint
names of the Developer and the Township and the form and
content shall be subject to the approval of the Township. The
policy shall remain in the custody of the Township until the
certificate of Maintenance and Final Acceptance is issued.
The minimum limits of such policies shall be $2,000,000.00 all
inclusive but the Township shall have the right to set higher
amounts.
The premium for this policy shall be paid by the developer and
be in effect for the period ~f ~Ais AS~ ~ment including the
period of guaranteed maintenance. The policy shall include an
automatic renewal clause with notice to Township if renewal of
policy is not paid. The issuance of such a policy of insurance
shall not be construed as relieving the Developer from
responsibility for other or larger claims, if any, for which
he may be held responsible.
29. UTILITY COSTS AND CHARGES
The Developer shall deal directly with the Hydro Commission
and all other utility commissions and companies. He or his
consulting Engineer, shall obtain all approvals and permits
and pay all fees and charges directly to the utility until the
certificate of Maintenance and Final Acceptance is issued.
30. BLASTING
Before any blasting is proceeded with by the Developer, the
Developer shall obtain from the Township Engineer or Public
Services Administrator written permission for carrying out the
blasting operation, and shall obtain the blasting permit and
show proof of insurance for all damage or claims for damage
resulting from the blasting operation. The Developer in any
event shall be responsible for any such claims.
31. ACCESS ROADS
32.
,
All access roads must be maintained by the Developer in good
repair acceptable to the Township Engineer and Public Services
Administrator 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
Public Services Administrator. For the purpose of getting
such consent, the Developer shall advise the Township Public
Services Administrator 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.
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 develppment
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 Engineer shall
arrange for an inspection with the Township Public Services
Administrator and Township Engineer for the purpose of
compiling an inventory of existing conditions prior to work on
the subdivision. Otherwise the Township Public Services
Administrator's assessment of conditions prior to construction
will be final.
33. DUST CONTROL
Prior to the acceptance of the roads, the Developer shall
apply calcium to the roads in quantities sufficient to prevent
any dust problem to traffic or home occupants.
,
34. DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the
Plan shall be graded to drain in accordance with the overall
grading plan to be prepared by the Developer's Engineer for
approval by the Township Engineer and the Simcoe County
District Heal~h Unit. Some fill and regrading of lots may be
nece~sary au~~ng or QLCer 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 Engineer.
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 owners once the
required drainage works have been constructed by the Develop-
er.
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.
The Developer's Engineer shall prepare a drainage plan for the
site for the approval of the Township Engineer and the Simcoe
County District Health unit. Generally, the drainage
facilities will consist of open ditches within the subdivision
or storm sewers in certain locations to provide a satisfactory
drainage outlet. The plan will show how water will be
controlled on and off the site and will include swales and/or
easements where necessary.
35. LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant in fee simple 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 the
Planning Act and also convey to the Township in fee simple,
the 0.3 metre reserves required by the Ministry of Municipal
Affairs. The deeds for the said lands are to be approved by
the Township's Solicitor and thereafter, forthwith registered
and deposited with the Clerk of the Township. The cost for
preparation and registration of the said deeds shall be paid
by the Developer.
36.
CONSTRUCTION REFUSE
.
All construction refuse, garbage and debris from the
subdivision must be disposed of in an orderly and sanitary
fashion in a dumping area provided by the Developer off the
site of the subdivision. The Township is not responsible for
the removal or disposal of refuse, garbage and debris. The
Developer agrees to deliver a copy of this Clause to each and
every builder obtaining a building permit for any lot or part
of a lot on the said plan of subdtvision.
37.
REPLACEMENT OF SURVEY BARS
Prior to the acceptance 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
the survey monuments and standard iron bars shown on the
registered plan.
,
.
38. 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:
Mr. Aart Vanveld, c/o Artisans Investments Co. Ltd.
R.R. #1, Barrie, ontario L4M 4Y8
The Developer shall be responsible for notifying the Township
Clerk in writing of any change(s) in his principle place of
business.
39.
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.
40. MORTGAGEE BECOMING OWNER
The mortgagee hereby agrees that in the event of him becoming
the owner of the lands under his mortgage by way of
foreclosure, purchase or otherwise, either beneficially or in
trust, then his mortgage 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, and the mortgagee
agrees to register a discharge of the mortgage on those lands
if called upon by the Township to do so, and he shall be
subj ect to the terms of the Agreement as though he had
executed this Agreement in the capacity of the Developer.
41. ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee agrees that in the event of him assigning or
transferring the mortgage on the lands the assignment or
transfer shall be subject to the terms hereof in the same
manner as if the assignee or transferrer has executed this
Agreement.
42. REQUIREMENTS FOR BUILDING PERMITS
The approval of the plan by the Township or the acceptance by
the Township of the works shall not be deemed to give any
assurance that the municipal building permits, when applied
for, will be issued in respect of the lots or blocks shown on
the plan.
Notwithstanding the foregoing, no building permits will be
given and the Township may refuse any application until:
a)
All Health Unit and Ministry of the Environment and
Energy approvals have been obtained and submitted to the
Township. Heal th Unit requirements are set out in
Clauses 34 and 57.
b)
The complete water supply and distribution system has
been tested and chlorinated and the Township Engineer has
given his Certificate of /Substantial Completion and
Acceptance (Underground Services) including drainage
works.
c) The sewer systems have been installed, tested and
approved by the Township Engineer and he has given his
Certificate of Substantial Completion and Acceptance
(Underground Services).
d) Plans for remaining underground services such as Bell
Telephone, Hydro or Consumer's Gas have been approved.
e) A "Builders" road consisting of the grading, curb and
gutter or ditch shaping and full depth of Granular "B"
sub-base has been constructed.
f)
Approval of the Township Engineer has been obtained for
the construction of any buildings to be erected on lots
or blocks listed in Schedule "E" hereto.
.
g)
Signs denoting "Unassumed Roads" have been installed at
the entrances to the subdivision in a location acceptable
to the Township.
h) A certificate Letter and Lot Development Plan has been
gi ven by the Developer's Consulting Engineer or a
Professional Engineer r2;i=t~-~rt with the Association of
Professional Engineers of ontario, that the building to
be erected on any lot or block within the plan, for which
a Building Permit has been applied for, is in conformity
with the overall grading plan or has received the
approval of the Township Engineer with respect to any
variance to the grading plan.
The individual Lot Development Plan must be approved by
the Township Engineer prior to issuance of a Building
Permit.
i) All dead trees within the limit of the plan have been
removed.
j) Arrangements have been made and approved by the Township
for house numbering as set out in Clause 62.
k) A certified cheque or letter of credit payable to the
Municipality in the amount of $2,000.00 per lot is
submitted to the Township as a deposit to guarantee the
completion of final grading, cUlverting, sodding of lot
and boulevard and driveway approaches, and adjusting
curbstop to finished grade, pursuant to the Agreement,
and which deposit shall be returned after the said work
is inspected and approved by the Building Inspector or by
the Township Engineer. If in the opinion of the Building
Inspector and/or the Township Engineer, the work has not
been completed with due diligence, then the Municipality
shall have the right, if it so elects, to hold the said
deposit and use such monies to enter upon the subject
lands and complete such work to the Agreement standards,
and the owner of such lots hereby released and forever
discharged the Municipality from and against all claims,
demands, actions or causes of actions whatsoever, arising
as a result to the Municipality, or its' servants or
agents, entering upon the lands for the purpose of
completing such work.
43. REQUIREMENTS FOR OCCUPANCY
A. No buildings erected on the lots or blocks within the plan
shall be occupied until a provisional certificate of Occupancy
has been issued by the Township in accordance with the
Township Building and Plumbing By-law.
.
B.
A Final certificate of Occupancy will not be issued until:
a) The roadway has received the granular roadbase materials
full depth and the base course of asphalt provided
asphalt is commerciall~'available.
b) The underground hydro, telephone lines, gas mains and
street lights have been installed and approved by the
Township Engineer.
c) The traffic and street signs have been installed and
approved by the Township Engineer.
d)
A certificate Letter and Lot Development Plan has been
given by the Developer's Consulting Engineer, or a
Professional Engineer registered with the Association of
Professional Engineers of ontario, that the building
constructed and the final grading of the lot or block is
in conformity with the overall grading plan or such
variance therefrom has been approved by the Township
Engineer.
,
The final grading on the individual Lot Development Plan
must be approved by the Township Engineer prior to
issuance of a Final certificate of Occupancy.
e) Driveway culvert and end protection have been provided to
the sc::.ti:::>..Lu,,; l..':'Vl1 ul l..~.~ Township.
It is agreed that a copy of Clauses 42 and 43 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.
44. MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump nor
permit to be dumped any fill or debris on, nor shall he remove
or permit to be removed any fill, topsoil, trees or shrubs
from any public lands, other than roads, without the written
consent of the Township Engineer.
45. OCCUPANCY LIQUIDATED DAMAGES
Notwi thstanding the above, if for any reason whatsoever,
occupancy of any building occurs before the vital services
listed in Clause 43 are installed to the home occupied to the
satisfaction of the Township Engineer then the Developer
agrees to pay to the Township, liquidated damages in the
amount of $100.00 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 Engineer 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.
46. EASEMENTS
The Developer agrees to grant at his expense all such
easements and rights-of-ways as may be required for the
installation and supply of services to the subdivision and to
deed lands to Township as set out in Schedule "G". Prior to
executing this agreement all known easements shall be filed
wi th the Township in a form approved by the Township's
Solicitor.
.
A list of easements and rights-of-way shall be set out in
Schedule "G" of this Agreement.
47. 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 "E" of this Agreement.
Prior to the issuance of a building permit for any lot listed
in Schedule "E", the Developer's Engineer must submit a letter
to the Township Engineer 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.
48.
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 County Registry Office for
each lot or block which is in conformity with the overall
grading plan for the lands or such variance therefrom as has
been approved by the Township Engineer.
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 50 and the
uompl~~_vn and maintenance of the services.
49. DEVELOPMENT CHARGES ACT LEVIES AND DRAINAGE AND LOCAL
IMPROVEMENT CHARGES
a) The Developer, as a capital contribution towards other
Township services, will pay to the Township in addition
to all other monies required to be paid by the Developer
under this Agreement, the Development Charges Act Levy in
an amount required by the Township's Development Charges
By-Law on the date the payment is received by the
Township at the Municipal Office. The Development Charge
in place at the time of the execution of this Agreement
is $5,225.00 per dwelling unit.
Thirty-three and one-third percent (33%%) of the total
Development charges Act Levies for the development are to
be paid prior to issuance of the first building permit or
upon sale of the first lot, whichever occurs first.
For each subsequent lot that is sold or prior to issuance
of a subsequent building permit, the Development Charges
Act Levy is to be paid on a per lot basis, until the
levies have been paid for all lots.
At the l~test, all Development Charges Act Levies must be
paid prlor to the issuance of the certificate of
Maintenance and Final Acceptance for the Development.
The fee to be paid is the Development Charges Act Levy in
place on the date the payment is received at the
municipal office.
b) The Developer agrees to pay for all arrears of taxes or
other municipal or provincial charges, taxes or levies
outstanding against the property herein described before
the approval of the said plan is obtained. The Developer
further undertakes and agrees to pay taxes levied on the
said lands on the basis and in accordance with assessment
and collector's roll entries until such time as the lands
herein being subdivided have been assessed and entered on
the Collector's Roll according to the Registered Plan.
c)
Before the plan is approved the Developer agrees to
commute and pay the Township's share of any charges made
under the Drainage Act 1975 and Local Improvements at
present serving this property and assessed against it.
.
These charges
Agreement.
are set out in Schedule
"F"
of this
"
50. DRAINAGE - RESPONSIBILITY OF OWNER
It is understood and agreed by the parties hereto that the
drainage of surface waters on the lots and blocks in the Plan,
after the release provided for in Clause 48 hereof has been
issued by the Township, is the sole responsibility of the
owner and subsequent purchasers, and he is to provide and
,
.
maintain adequate drainage of such surface waters. The
Developer agrees to provide a copy of this clause to each and
every prospective builder/prospective purchaser.
51.
FENCING OF PUBLIC WALKWAYS
The Developer agrees to construct and fence with standard 1.2
metre feet high chain link fence or an aesthetically appealing
fence of a design approved by the Township Engineer, all
public walkways on the plan prior to the sale of abutting
residential lots. The fencing shall be placed on both sides
of the walkway.
52.
PRESERVATION AND PLANTING OF TREES
The Developer must preserve all heal thy trees within the
limits of the subdivision where possible. If, in the opinion
of the Township Engineer, 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 having 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 will not continue and the Developer/Builder agrees to
carry out remedial work requested by the Township. The
Developer agrees to provide a copy of this clause to each and
every prospective builder/ prospective purchaser.
The Developer shall plant one 2.4 metre or taller hardwood
tree of a minimum of 50mm calliper on each lot having less
than three trees in the front yard (s) if required by the
Township. The type of tree(s) must be satisfactory to the
Township.
In addition the Developer shall plant trees with the above
specifications, at 15 metre intervals around the perimeter of
the park, in areas where there is not a sufficient growth of
trees.
53. PLEDGE OF TITLE TO LANDS
54.
The Developer hereby charges and pledges as security for such
levy payments and service charges all his right, title and
interest in those parts of the lands shown as numbered and/or
lettered lots and/or blocks on the plan and agrees that this
Agreement may be registered against the lands and it is agreed
that such payments and costs shall be a lien against the
lands. Upon payment of the Development Charges Act Levy
attributable to any specific lot, the lien and charge hereby
created shall be deemed to have been discharged.
ONTARIO HYDRO AND BELL CANADA
Prior to the Township releasing this proposed Plan for
registration the Developer shall provide the Township with a
letter from Ontario Hydro and from Bell Canada stating that
the Developer has entered into a satisfactory agreement with
them with respect to the costs of install ing underground
wiring and financial contributions in this regard.
The cost of any relocations or revisions to Ontario Hydro
and/or Bell Cana'da which are necessary to accommodate this
subdivision shall be 'borne by the Developer.
.
,
55.
EROSION AND SILTING CONTROL
The Developer must take all necessary precautions to prevent
erosion and sedimentation of sewers, ditches, culverts,
slopes, etc. both within the Development 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 therefrom. The
drainage report under Clause 34 will describe the means by
which this requirement will be met.
56.
SIGNS
Signs at least 1.2 lli~~~L~ ~y l.G _~ters shall be provided and
erected by the Developer at each entrance to the subdivision
at a location approved by the Township Engineer and the signs
shall read as follows:
"Roads Not Assumed by Municipality - Use at Your Own Risk".
The signs shall be painted orange or yellow with black
lettering. These signs shall be installed prlor to the
commencement of construction and be removed after the issuance
of the Certificate Substantial completion and Acceptance for
the roadways.
57. SIMCOE COUNTY DISTRICT HEALTH UNIT APPROVAL
The Developer further agrees that he or any person, persons,
or Corporation claiming title through the Developer, will not
apply for a building Permit for any part or portion of the
said lands or on any lot therein, and no Building Permit shall
be issued until Health Unit Approval has been received for
the land in question.
The Developer's Engineer shall prepare an overall lot
development plan for approval by the Health unit and the
Township Engineer as a further requirement to Clause 34. The
plan shall include the fOllowing:
(a) envelopes for the proposed house and any adjacent
structures on each lot;
(b) an envelope showing the location and approximate size of
the subsurface sewage system on each lot and all
pertinent engineering design criteria;
(c) existing and proposed grades on lot corners and mid lot
elevation.
In addition to the overall plan, a detailed site development
plan for each lot will be prepared by a Professional Engineer
registered with the Association of Professional Engineers of
Ontario, for approval by the Health unit and the Township
Engineer prior to the issuance of a Building Permit for each
respective lot. site development plans shall conform to the
overall lot development plan and shall include the following:
(a) the location, dimensions and elevations of the proposed
dwelling and any structures to be located on the lot as
well as any adjacent structures on the adjacent lots;
(b) the location, size and elevation of the sewage system and
all engineering design criteria and standards pertaining
thereto; .
(c) the location of the well and the service line to the
dwelling;
(d) the existing and proposed grades of the disturbed area on
the lot after building, drainage and sewage works have
been completed;
.
(e) the location and grades of any proposed drainage swales;
(f)
the professional engineer will be required to
elevations of the footings of the buildings
further construction to ensure conformity
approved plans noted above;
check the
prior to
with the
(g) the professional engineer will be required to check the
building and leaching bed grades to ensure conformity
with approved plans.
(h) the professional engineer will be required, prior to the
issuance of~a Use Permit, to certify to the Simcoe County
District Health Unit in writing that the foregoing works
have been carried out in accordance with the approved
plans noted above.
The Developer agrees to construct the works required under the
Clause 34 to the satisfaction of the Township Engineer to
ensure the grading requirements set out in the overall lot
development plan.
58. MINISTRY OF NATURAL RESOURCES AND NOTTAWASAGA VALLEY
CONSERVATION AUTHORITY APPROVAL
A Stormwater Management Plan shall be prepared by the
Developer's Engineer for approval by the Ministry of Natural
Resources, Nottawasaga Valley Conservation Authority and
Township Engineer. The plan shall indicate the means by which
stormwater and their effects will be minimized both during and
following construction. The Developer agrees to carry out or
cause to be carried out the works approved on the plan.
Prior to any grading or construction commencing on the site or
final approval and registration of Subdivision, the
Developer's Engineer shall submit a report for approval by the
the Ministry of Natural Resources, Nottawasaga Valley
Conservation Authority, and the Township Engineer. The report
shall detail the means whereby erosion and siltation and their
effects will be minimized on the site during and after the
construction period. The Developer agrees to carry out or
cause to be carried out the work approved in the report.
59. MINISTRY OF THE ENVIRONMENT AND ENERGY APPROVAL
60.
,
61.
Prior to final approval, the Ministry of the Environment and
Energy shall be in receipt of a hydrogeologist's report which
confirms, based on test drilling, that an adequate supply of
potable water is available to service the development.
The Developer agrees to comply with the requirements and/or
recommendations of the hydrogeologists's report and
acknowledges that the work shall be assumed by the Township
after approval by the Township Engineer.
PERIMETER FENCING
The Developer agrees to construct and fence with a standard
post and nine (9) strand wire fence, the entire perimeter of
the subdivision with the exception of the road frontage, in
the case of the subdivision abutting an agricultural use or
rural or agricultural zone other than a severance lot for
residential purposes. The cost of/all such fencing and
removal of old fevcing is the direct responsibility of the
Developer.
Warninq Clause to Prospective Lotowners
The Developer shall notify each prospective purchaser of a
lot(s) that they are subject to Permit Control by the Ministry
of Transportation and of the existence of nearby agricultural
operations.
.
,
Specifically all Offers to Purchase and Sale of a lot(s) shall
include these warning clauses:
"The lotowner must obtain permits from the Ministry
of Transportation for all buildings, structures and
signs within the area of permit control. Normal
Ministry setbacks from the right-of-way limits are
7.5 metres for residential dwellings."
"Ongoing agricultural operations are located on the
west side of Highway W 93 facing the sUbject lands.
The owner of the farms or assigns or successors in
interest are not liable to any person for an odour,
noise or dust resulting from the agricultural
operations as a result of normal far17, p-:,.~~t:; r.es
being carried out in compliance with the relevant
landuse control by-law and applicable legislation."
In additon the Developer shall provide copies of Clauses 34,
36, 42, 43, 50, 52, 57, and 62 to each prospective purchaser
of a lot(s).
62. HOUSE NUMBERING
The Developer shall be responsible for obtaining the
designated house numbers for each and every lot from the
Municipal Office. As a further requirement in order to obtain
an occupancy permit the Developer and/or builder or lot owner
shall install the designated house number on the lot 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).
63. DEFAULT PROVISIONS
Notwithstanding anything hereinbefore contained in this
Agreement, when the Developer is deemed by the Township to be
in default of this Agreement, the Township reserves the right
to use securities to recover costs incurred by the Township,
and/or to restrict building and/or occupancy permits, and/or
apply liquidated damages.
This Agreement shall be binding upon and enure to the benefit
of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
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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.
//-iL
SIGNED, SEALED AND DELIVERED this
A.D. 1993.
day of l-u9uf"7
THE CO~~~,OF THE TM= ORa
Per -LJ:UL ~ ~
Title /1:e eue Ru\:.:x--r*' ~: neUf2Y
Per /JA..j~- C>~ ()<& -o/?<-
Title C L/Ef2 k - n'>ltC ~tcn? ~c-J.+oE:t3'c'''d("d
Per
Title
Per
Title
Per
Title
Per
Title
DEVELOPER
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MORTGAGEE/ R9yNat Inc.
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SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule
forms part of the Subdivision Agreement between the
Township of Oro and Artisans Investments Co. Ltd.
and Roynat Inc.
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR that certain parcel or tract of premises situate,
lying and being in the Township of Oro in the County of Simcoe and
being ccmpuot:::Q U.L tile w~',",.J..e of the lands described as follows:
Parcel 19-1, Section 51-0RO-l, being Part Lots 19 and 20,
Concession 1, E.P.R., Township of Oro, County of simcoe more
particu1ary described as Parts 1 and 2 on Plan 51R-21875.
SCHEDULE "B"
NOTE:
It is understood and agreed that this SchedulE
forms part of the Subdivision Agreement between thE
Township of Oro and Artisans Investments Co. Ltd.
and Roynat Inc.
,
Plan 51M-
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SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule
forms part of the Subdivision Agreement between the
Township of Oro and Artisans Investments Co. Ltd.
and Roynat Inc.
WORKS TO BE CONSTRUCTED
Complete roadway construction including excavation,
sUbdrain, ditching, granulQL ~~~~b~d m~~~rials, two lifts
of asphalt, topsoil and seeded boulevards with erosion
control measures as required;
Curb and gutter as required;
street and traffic signs;
underground hydro and telephone, and street lighting;
Repair or replace fencing along south property limit
parkland
All of the above works are incorporated on to the fOllowing
engineering drawings prepared by Skelton, Brumwell and
Associates Incorporated, Project No. 88-787, Municipal Affairs
No. 43T-89066:
Drawing Number
Description
88787-3
88787-4
88787-5
88787-6
General Service Plan
Lot Grading & Development Plan
Drainage and Erosion Control Plan
Plan & Profile - Simoro Crescent
Sta 0+000 - 0+160
Plan & Profile - Simoro Crescent
0+160 - 0+335
Details
Details
Details
88787-7
88787-8
88787-9
88787-10
Prior to construction, the above referenced drawings must be
stamped as accepted by the Township Engineers, R.G. Robinson
and Associates Ltd. These drawings were stamped as accepted
on July 1, 1993 by the Township Engineers.
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SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule
forms part of the Subdivision Agreement between the
Township of Oro and Artisans Investments Co. Ltd.
and Roynat Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS
The following list summarizes the cost estimate of the major works
but is not necessarily inclusive:
A) Roadway const~uc~~vn cv~;~ate including clearing
and grubbing, excavation, granular roadbase
materials, two lifts of asphalt and curb..........$91,820.00
B) Storm Drainage works complete including subdrain,
ditch erosion protection, culverts, topsoil,
seed and mulch, sod, ditching and siltation
control devices...................................$30,938.00
C) Miscellaneous Items such as street name and
regulatory signs, bollards and repair
S Oll th fen ce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2, 850 . 00
D) Electrical Supply including street lights and
control panels, duct crossings, and relocating
existing pole.....................................$16,460.00
E) Parkland works includig grading and seeding
and tree planting in park and on lots.............$ 4,600.00
F) Allowance for Engineering and supervison..........$14,667.00
TOTAL ESTIMATED COST
$161,335.00
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NOTE:
SCHEDULE "E"
It is understood and agreed that this Schedule
forms part of the Subdivision Agreement between the
Township of Oro and Artisans Investments Co. Ltd.
and Roynat Inc.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
See clauses 47 and 57 which sets out specific
requirements for all lots on the Plan in order to obtain
a building permit for each and every lot.
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SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule
forms part of the Subdivision Agreement between the
Township 9f Oro and Artisans Investments Co. Ltd
and Roynat Inc.
LIST OF DEVELOPMENT CHARGES ACT LEVIES. DRAINAGE
IMPROVEMENT CHARGES TO BE COMMUTED BY THE DEVELOPER
LOCAL
AND
The Developer, as a capital contribution towards other Township
services, will pay to the Township in addition to all other monies
required to be paid by the Developer under this Agreement, the
Development Charges Act Levy in an amount required by the
Township's Development Charges By-Law on the date the payment is
received by the Township at the Municipal Office. The Development
Charge in place at the time of the execution of this Agreement is
$5,225.00 per dwelling unit.
Thirty-three and one-third percent (33%%) of the total Development
Charges Act Levies for the development are to be paid prior to
issuance of the first building permit or upon sale of the first
lot, whichever occurs first.
For each subsequent lot that is sold or prior to issuance of a
subsequent building permit, the Development Charges Act Levy is to
be paid on a per lot basis, until the levies have been paid for all
lots.
At the latest, all Development Charges Act Levies must be paid
prior to the issuance of the certificate of Maintenance and Final
Acceptance for the Development.
The fee to be paid is the Development Charges Act Levy in place on
the date the payment is received at the municipal office.
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SCHEDULE "G"
NOTE:
It is understood and agreed that this Schedule
forms part of the Subdivision Agreement between the
Township of Oro and Artisans Investments Co. Ltd.
and Roynat Inc.
LIST OF LANDS TO BE DEEDED AND EASEMENTS TO BE GRANTED TO THE
TOWNSHIP
o ROAD WIDENINGS
-along west side of lots 1 and 9 adj acent to Highway N~93.
o 0.3 METRE RESERVES
-along west side of lots 1, 6, 7, and 9 including daylighting
triangle, adjacent to road widening on Highway N~93.
o along the north side of simoro crescent road allowance at lots
5 and 6.
o EASEMENTS
-9.0 metre drainage easement along lotline 1/2 and along south
edge of lot 2 continuing to existing pond on simoro Golf Links
property.
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SCHEDULE "H"
NOTE:
It is understood and agreed that this Schedule
forms part of the Subdivision Agreement between the
Township of Oro and Artisans Investments Co. Ltd.
and Roynat Inc.
PARKLAND
Block 10
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'3.
SCHEDULE "I"
TOWNSHIP OF ORO
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
SIMORO GOLF LINKS SUBDIVISION
DEVELOPER
ARTISANS INVESTMENT CO. LTD.
CONSULTING ENGINEER SKELTON, BRUMWELL & ASSOCIATES INC.
As required by the Agreement between the Corporation of the
Township of Oro and ARTISANS INVESTMENTS CO. LTD.
(MR. AART VANVELD)
The Developer(s) dated
1. The Developer hereby agrees and undertakes to complete the
construction of the Works as required by the above-mentioned
agreement in accordance with the time schedule for the
completion of services as approved by the Township Engineer
and more specifically in accordance with the following
schedule and conditions:
a) Before any building erected on the lots or blocks in the
Plan are occupied all the Requirements for Occupancy as
set out in section 43 shall be complied with.
b) Granular "B" and Granular "A" on or before
c) Grading, topsoiling and seeding of private blocks and
parks on or before
d) Boulevard sodding on all roads on or before
e) Hot asphalt on or before
f) Planting of trees on or before
2.
The Developer further agrees that the Township is hereby
authorizeu to carLi ou~, at his expense, any of the work set
out in this Declaration not finished on or before the
completion dates, to be commenced not sooner than one week
following such completion date, it being understood and agreed
that the Township's authorization is limited only to that work
required under the Declaration.
The Developer undertakes to properly maintain the gravel road
base at all times and to keep all roads in a mud-free and
dust-free condition until such times as the roads, including
boulevards, have 'been,completed.
4.
The Developer further agrees and the Township is hereby
authorized to undertake any of the maintenance work as set out
under Clause 3 hereof, not completed by him within 24 hours
after receipt of such request for maintenance, at his expense,
and without limiting the general! ty of the foregoing, the
Township's cost shall be the cost of materials, equipment
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rental, labour, payroll burden, plus 20% for overhead.
It is understood and agreed that should the Developer fail to
construct the remaining services to carry out the requirements
of Section 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
fifty Dollars ($50.00) 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.
5.
Signed
Developer
Date
Seal or Witness