1991-011 To Authorize the Execution of a Subdivision Agreement (Horsehoe Highlands Phase IVa)
THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 91- 11
Being a By-Law to Authorize the Execution of a
Subdivision Agreement (Horseshoe Highlands Phase IVa)
WHEREAS draft approval for a registered plan of Subdivision
as Horseshoe Highlands Phase IVa has been obtained 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;
AND WHEREAS the Subdivision Agreement for Horseshoe Highlands
Phase IVa providing for 192 lots was registered on the 31st day
of October, 1990 as Instrument ~~g)}78;
NOW THEREFORE the Council for the Corporation of the Township of
Oro hereby enacts as follows:
1. That the Reeve and Administrator/Clerk are hereby
authorized to execute on behalf of the Corporation of
the Township of Oro a Subdivision Agreement dated the
26th day of September, 1990, 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 24th
1991.
day of January
READ a third time and finally passed this 24th
1991.
day of January
THE CORPORATION OF THE TOWNSHIP OF ORO
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R~ve, Robert g. Drury
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Administrator/Clerk, Robert W. Smali--
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PHASE IV A
SUBD:IVJ:SION AGREEMENT
- between -
HORSESHOE RESORT CORPORATION
- and -
THE CORPORATION OF THE TOWNSHJ:P OF ORO
- and -
ROYAL BANK OF CANADA
- and -
STANDARD TRUST COMPANY
DESCRJ:PTION OF LANDS'
TOWNSHIP OF ORO
COUNTY OF SI:HCOE
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TOWNSHIP OF ORO
SUBDIVISION AGREEMENT
- Description of Lands Being Subdivided
- Plan of Subdivision
- Works to be Constructed
- Itemized Estimate of Cost of Construction of Each
Part of the Works
- List of Lots Unsuitable for Building purposes
and/or Requiring Special Attention
List of Lot Levies, Drainage, and Local
Improvement Charges to be Commuted by the
Developer
- List of Lands to be Deeded and Easements to be
Granted to the Township
- Parkland
- Declaration of Progress and completion
TABLE OF CONTENTS
1. Order of Procedure
2. Attached Schedules
3. Township's Legal, Planning
& Engineering Costs
4. Developer's Consulting
Engineer
5. Works to be Installed
6. Approval of Plans
7. Notification-commencement/
Completion
8. Declaration of Progress
and Completion
9. Construction of Works
10. Inspection of Construction
11. Voiding Agreement
12. Developer's Expense
13. Securities
14. staging
15. Discharge of Securities
16. Scheduling of Works
17. Progress of Works
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
18. Contractor
19. Inspection and Acceptance
of Works
48.
49.
20. Prior Inspection and
Acceptance
21. Statutory Declaration of
Accounts Paid
50.
51.
52.
22. Maintenance of Works
23. Final Acceptance of Works
(Underground)
24. Use of Works by Township
25. Winter Road Maintenance
26. Emergency Repairs
27. Developer's Liability
28. Insurance
29. Utility Costs and Charges
30. Blasting
53.
54.
55.
56.
57.
58.
59.
SCHEDULES
Schedule
Schedule
Schedule
Schedule
"A"
"B"
"C"
"D"
Schedule "E"
Schedule
"F"
Schedule "Gte
Schedule "H"
Schedule "I"
Access Road
Damage to Existing Plant
Dust control _
Drainage and Lot Grading
Lands for Municipal
purposes
Construction Refuse
Replacement of Survey
Bars
Legal Notice to Developer
Registration
Mortgagee Being Owner
Assignment or Transfer of
Mortgage
Requirements' for Building
Permits
Requirements for
Occupancy
Movement of Fill
Occupancy Liquidated
Damages
Easements
Lots Unsuitable for
Building or Requiring
Special Attention
Release of Lands
Lot Levies and Drainage &
Local Improvement
Charges
Drainage-Responsibility
of Owner
Fencing of Public
Walkways
Preservation and Planting
of Trees
Pledge of Title to Lands
Hydro Electric
Erosion and silting
Control
signs
Health unit Approval
House Numbering
Default provision
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TOWNSHIP OF ORO
SUBD:IV:ISION AGREEMENT
THIS AGREEMENT made in quadruplicate this the :?G~ day of S'~
1990.
BETWEEN:
HORSESHOE RESORT CORPORATION
hereinafter called the "Developer"
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO
hereinafter call the "Municipality"
OF THE SECOND PART
- and -
.~OYAL BANK OF CANADA and STANDARD TRUST COMPANY
hereinafter called the "Mortgagee"
OF THE THIRD PART
WHEREAS the
Schedule "Au
purposes of
reference to
Developer is the owner of the land described in
to this Agreement and proposed to subdivide it for
selling, conveying, or leasing into lots, by
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 liB" 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 deal t with prior to the
signing of the Subdivision Agreement and has:
a) Deposited with the Township the sum of $5,000.00 to cover
the initial cost of the Township.
b) Submitted a general plan outlining ~he 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 approval to dispose of the
sewage effluent by other means.
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d) Deposited with the Township securities and insurance as
outlined in the Agreement.
e) Paid in full outstanding taxes and drainage and local
improvement charges.
f)
g)
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. ~
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 money of Canada, now paid by each of the
parties hereto to each of the other parties hereto, (the receipt
whereof is hereby acknowledged) the parties hereto hereby
convenant, 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'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)
b)
c)
d)
e)
Deposit with the Township the lot levy.
Deposit with the Township the deed for parkland or the
amount of cash in lieu of parkland.
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. ~
Have complied with all the remaining requirements of
Clause 42.
Install the driveway culverts or deposit with the
Township sufficient monies to cover the cost of the
supply and installation of the culvert by the Township
at a later date.
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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
2. Schedule "B" - Plan of Subdivision
3. Schedule "C" - Works to be constructed
4. Schedule "D" - Estimated Costs
5. Schedule "E" - List of Lots Requiring Special Attention
6. Schedule "F" - Charges against Lands
7. Schedule "G" - Lands to be Deeded and Easements to be
granted to the Township
8. Schedule "H" - Parkland
9. Schedule "I" - Declaration of Progress and Completion
3. TO~SHIP'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 invol ved 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 $5,000.00
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 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)
e b)
c)
d)
to prepare designs:
to prepare and furnish all required drawings and
specifications;
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, the
Ministry of Natural Resources, the Simcoe County
District Health Unit, and utility companies;
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e) to act as the Developer's representative in all
matters pertaining to the subdivision:
f)
to provide co-ordination in
the timing provisions of
requirements of the Township
specified in this Agreement:
to provide supervision during construction of all the a
services: .-
to ensure that the work involved in construction of the
services is carried out by construction methods
conforming to acceptable engineering practice;
scheduling to comply with
this Agreement and the
Engineer, for all the work
g)
h)
i) to maintain records of construction which shall be
available for inspection or copy by the Township;
j) to prepare final "as constructed" mylar drawings;
k) to furnish the Township with a certificate with
respect to each lot or building block for which a
Building permi t application is made, certifying that
the proposed construction is in conformi ty wi th the
overall grading plan or with an approved variation;
1) to prepare and provide the Township, for each lot or
block within the plan, a certificate of final grade
elevation, indicating that the property has been
developed in conformity with the overall grading plan
or with an approved variation:
NOTE: In the case of lots built on at a later date, the
Township reserves the right to request a similar
certificate as required under (k) and (I), but it
may be provided by a Professional Engineer, other
than the Developer I s Consul ting Engineer or an
Ontario Land Surveyor. If the Township has their
Engineer prepare the certificate, the cost of the
work will be added to the cost of the Building
Permit.
5 . WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "C" to
this Agreement. This schedule is to set out the works in
general terms only and shall not be construed as covering
all items in detail. The works are to be designed and
constructed in accordance with the current Engineering
standards adopted by By-law by the Township at the time of
signing of the subdivision agreement. A copy of these
standards is available at the Municipal Office.
If at any time and from time to time during the development
of the subdivision, the Township Engineer is of the opinion
that additional works are necessary to provide adequately
any of the public services required by the Plan, the
Developer shall construct, install or perform such
additional works at the request of the Township Engineer.
6.
APPROVAL OF PLANS
a
The Developer and the Engineers employed by him shall have
the plans and specifications for the w~rks approved by the
Township Engineer prior to construction and the originals
must 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 any of
the works until the Developer has provided 48 hours written
notice to the Township Engineer of his intent to commence
work.
The Developer shall complete the works expeditiously and
continuously, and all underground services shall be
installed within one year of the day of registration of this
~greement, and all above-ground services shall be installed
~n 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 for
the Plan or stage at hand. The Developer shall provide
the Township Engineer with an undertaking for the
completion 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
aqrees 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.
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.
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
Enqineer 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
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notice to the contractor and/or the Developer I 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
the Plan is not registered within o'.'e e
of signing this Agreement the Townsh~p
declare this Agreement to be null and
In the event tha t
year from the date
may as its option,
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. .
13. 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 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 liD" and
as approved by the Township Engineer. The Letter of
Credit shall be for a minimum guaranteed period af 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 permit~ 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 wor~s,
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.khe
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.
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c)
Notwithstanding the prov~s~ons 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.
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 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
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 "D" of this Agreement and will become the
basis for the limits of the securities.
14. STAGING
(a) 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 before
proceeding wi th each respective stage 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.
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 thereon. The Developer
shall be responsible for the maintenance of the
services in this case until the Township has assumed
the responsibility of the services.
(b) Without limiting the generality of the foregoing the
Township acknowledges receipt of a proposed servicing
plan from the Developer which has identified the three
major component parts of the overall servicing plan of
the Lands which are to be improved for the purpose of
facilitating the completion of the Works contemplated
by the within agreement: namely, the reconstruction of
part of Oro Fourth Line, the reconstruction of part of
County Road 57, and the internal servicing of the
Lands. The Township agrees that the Developer may
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execute a servicing contract for the reconstruction of
Oro Fourth Line and County Road 57 (in accordance with
the overall approved engineering plans), either as part
of its contract to service the Lands or by way of a
separate contract entered into contemporaneously with
the execution of ~he servicing contract for the Lands,
provided, however, that it shall not be necessary for
the Developer to complete its work with respect to the
reconstruction of Oro Fourth Line or of County Road 57_
as a requirement for obtaining building permits for any
lot on the Registered Plan. Securities will be
deposited with the Township for all three components
upon execution of this Agreement.
(c) Provided further, that it is acknowledged and agreed
that the Developer may, subject to the approval of the
Township Engineer as to those technical matters which
are reviewed by the Township Engineer, service its
lands in four specific stages (the "stage"), all as
indicated on a plan of these stages which has been
submitted to the Township Engineer. 'Accordingly,
notwithstanding the provisions of Clause 42 of this
Agreement, it is understood and agreed that Building
Permits for proposed construction on any lot within a
specific stage shall be released by the Township, upon
the Developer complying with those requirements set out
in Clause 42 on a stage by stage basis, and that the
Township will, upon compliance with these requirements,
release building permits for lots within each stage as
servicing construction has progressed.
15. DISCHARGE OF SECURITIES'
After the completion of thirty percent (30%) 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.
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 plus the cost of outstanding work.
16. SCHEDULING OF WORKS
Prior to the start of construction 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.
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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 aforesaid works
are, not being installed in the manner required by the
Township Engineer, then upon the Township Engineer giving
seven (7) days written notice by prepaid registered mail to
the Developer, the Township Engineer may wi thout 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 wi thin 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
The said services shall be installed by a contractor or
contractors retained by the Developer and approved in
writing by the Township Engineer.
19.
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 Road Superintendent 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 certif:j..cate may conta~n 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 two (2)
year maintenance period will commence when this certificate
is issued.
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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.
Building permits will not be issued until the Township a
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
responsible for the normal operation and all repairs for the
system noted in the Certificate.
If, during the two year maintenance period, the Developer
fails to carry out rectification and/or rep,air' 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
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 deposit or letter of credit. During the
maintenance period ten percent (lOt) 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) e
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. .
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23.
24.
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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
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 wi thout notice to the Developer.
Such removal of snow shall be only carried out at times
deemed to be an emergency by the Township Road
Superintendent. 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 convenants 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.
26. EMERGENCY REPAIRS
Employees or agents of the Township may ~nter .onto the La~ds
at any time or from time to time for the purpose of mak~ng
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.
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27. 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 e
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 subj ect to the approval of 1;:he 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 policy shall be in effect for the period of this
Agreement including the period of guaranteed maintenance.
The premiums for this policy shall be paid initially for a
period of three (3) years. 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 Road
Superintendent 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
All access roads must be maintained by the Developer in good
repair acceptable to the Township Engineer and Road
Superintendent during the time of construction, including
dust control and the removal of any mud or debris tracked e
from the subdivision, and no roadway outside the limits of
the proposed subdivision may be closed without the written
consent of the Road Superintendent. For the purpose of
getting such consent, the Developer. shall advise the
Township Road Superintendent 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.
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32.
33.
34.
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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 Engineer shall arrange for an inspection with
the Township Road superintendent and Township Engineer for
the purpose of compiling an inventory of existing conditions
prior to work on the subdivision. otherwise the Township
Road Superintendent's assessment of conditions prior to
construction will be final.
DUST CONTROL
Prior to the acceptance of the roads, the Developer shall
apply oil or calcium to the roads in quantities sufficient
to prevent any dust problem to traffic or home occupants.
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 an
overall drainage and grading plan for approval by the
Township Engineer, the simcoe county Engineer and the
Simcoe County Health unit. Same fill and regrading of lots
may be necessary during or after building construction.
Drainage shall not be directed into the county's ditch
drainage system.
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 Developer.
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 report for
the site for the approval of the Township Engineer, the
Simcoe County Health unit, and the Ministry of Natural
Resources. Generally, the drainage facilities will consist
of open ditches within the subdivision or storm sewers in
certain locations to provide a satisfactory drainage
outlet(s). The Report shall include an erosion control plan
demonstrating how erosion and siltation and their effects
will be minimized both during and after construction.
Engineering drawings for these works will be subject to the
approval of the Township Engineer. The Developer agrees to
construct the works as recommended in the approved Report.
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 reserv~s required. by the
Ministry of Municipal Affairs. The deeds for the sa~d lands
are to be approved by the Township's Solicitor and there-
after, 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.
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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. e
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 subdivision.
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:
Horseshoe Resort Corcoration. Box 10, 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 subject to the terms of the Agreement as though he
had executed this Agreement in the capacity of the
Developer.
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 transferer has executed this
Agreement.
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41. ASSIGNMENT OR TRANSFER OF MORTGAGE
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42. REQUIREMENTS FQR BUILDING PERMITS
The approval of the, plan by the Township or the acceptance
?y 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.
43.
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
approvals have been obtained and submitted to the
Township. Heal th Uni t requirements are set out in
Clauses 34 and 57.
b) The complete water supply and distribution system for
the Plan or stage at hand 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 for the Plan or stage at hand 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)
Plan or stage at hand,
curb and gutter or ditch
Granular "B" sub-base has
A "Builders" road for the
consisting of the grading,
shaping and full depth of
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 has been given by the Developer's
Consulting Engineer 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. .
i) All dead trees within the limit of the plan or the
stage at hand have been removed.
j) Arrangements have been made and approved by the
Township for house nUmbering as set out in Clause 58.
REQUIREMENTS FOR OCCUPANCY
No buildings erected on the lots or blocks within the plan
or stage at hand shall be occupied until a certificate of
Occupancy has been issued by the Township and this
certificate 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 commercially available.
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b)
The underground hydro, telephone lines, gas mains and
street lights have been installed and approved by the
Township Engineer.
The. traffic and street signs have been installed and
approved by the Township Engineer.
A certificate has been given by the Developer's e
consul ting Engineer that the building constructed and
the final grading of the lot or block is in conformity
with the overall grading plan or suqh varian~e
therefrom as has been approved by the Townsh1p
Engineer.
Driveway culvert and end protection have been provided
to the satisfaction of the Township.
It is agreed that a copy of Clauses 42 and 43 shall be
delivered by the Developer to each and ~very 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.
c)
d)
e)
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 LIOUIDATED DAMAGES
Notwithstanding 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 under 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 of 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 as set out in Schedule "G". Prior to
executing this agreement all known easements shall be filed
with the Township in a form approved by the Township's
Solicitor.
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A list of easements and rights-of-way shall be set out in
Schedule "G" of this Agreement.
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47. LOTS UNSUITABLE FOR BUILDING OR LOTS RECUIRING SPECIAL
ATTENTION
48.
Any lot which will require attention in order to be serviced
will be listed on Schedule "E" of this Agreement. Prior to
the issuance of a building permit for a specific lot, the
Developerfs Engineer, or a Professional Engineer registered
with the Association of Professional Engineers of ontario,
must submit a site plan to the Township Engineer for
approval. The site plan shall set out the location of the
house and other structures with details on driveway access
to ensure proper access to the house.
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
completion and maintenance of the services.
49. LOT LEVIES AND DRAINAGE AND LOCAL IMPROVEMENT CHARGES
a) The Developer, as a capital contribution towards other
Township servi'ces, except for those contemplated in
Section 359 and 362 of the Municipal Act RSO 1970
Chapter 283, will pay, in addition, to all other monies
required to be paid by the Developer under this
agreement, to the Township, a Lot Levy of $3,000.00
per dwelling unit. The total amount of the levies
shall be paid not later than the date of the sale of
such lot or prior to the issuance of building permits
whichever occurs first, in accordance with Clause 1.
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 are set out in Schedule "F" of this
Agreement.
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.
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51. FENCING OF PUBLIC WALKWAYS
The Developer agrees to construct and fence with standard
five feet high chain link fence of a design approved by the
Township Engineer all public walkways on the plan prior to
the sale of abutting residential lots.
52. PRESERVATION AND PLANTING OF TREES
e
The Developer must preserve all heal thy trees wi thin 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 proc~ed 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.
If required the Developer shall plant one eight-foot or
taller hardwood tree of a minimum of 50mm caliper on each
lot having less than three trees in the front yard(s). The
existing trees must be satisfactory to the Township.
53. PLEDGE OF TITLE TO LANDS
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 lot levy
attributable to any specific lot, the lien and charge hereby
created shall be deemed to have been discharged.
54. HYDRO ELECTRIC
Prior to the Township releasing this proposed Plan for
registration the Developer shall provide the Township with a
letter from the Hydro Electric authority having jurisdiction
in the Township stating that the Developer has entered into
a satisfactory agreement with them with resRect to the costs
of installing underground wiring and financial contributions
in this regard.
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 during construction and upon completion of e
servicing of the SUbdivision. Failing adequate precautions
being taken the Developer shall be responsible for
correcting any damage and paying all maintenance costs
resul ting therefrom. The drainage report under Clause 34
will describe the means by which this requirement will be
met.
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56. . SIGNS
Signs at least four feet (4 I) by six feet (6 I) 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".
These signs shall be installed prior to the commencement of
construction and be removed after the issuance of the
Certificate Substantial completion and Acceptance for the
roadways.
57.
HEALTH UNIT APPROVAL
The Developer further agrees that he or any person, persons,
or Corporation claiming title through the De~eloper , 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.
58. 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
house at a location approved by the Township. The size and
material type must also be 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).
59. 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.
SIGNED, SEALED AND DELIVERED this
A.D. ~990.
26th
day of September
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WE HAVE AUTHORITY TO B 'IRE CORPORATION
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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 Horseshoe Resort 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 in the County of Simcoe and
being composed of the whole of the lands described as follows:
The North Half and South Half of Lot 3, Concession 4 and part of
Lot 4, Concession 4, all in the Township of Oro in the County of
Simcoe all as more particularly described as Parts 2 and 3 on a
Plan of Reference deposited in the Land Titles division of Simcoe
(51) as 5IR20113 and Block 40 on Plan 51M447.
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NOTE:
SCHEDULE liB"
It is understood and agreed that this SChedUl'-
forms part of the Subdivision Agreement between
the Township of oro and Horseshoe Resort
corporation.
Plan 51M-
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NOTE:
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SCHEDULE "C"
It. is understood and agreed that this Schedule
forms part of the Subdivision Agreement between
the Township of Oro and Horseshoe Resort
Corporation.
WORKS TO' BE CONSTRUCTED
Complete roadway
ditching, granular
topsoil and seeded
as re~ired:
construction including excavation,
roadbed materials, two lifts of asphalt,
boulevards with erosion con~rol measured
A water distribution system in part consisting of
watermains, hydrants, and single water service connections
as well as water meters in homes:
Storm sewers and curb and gutter as required;
(Street and traffic signs) ;
Underground hydro and street lighting;
All of the above works are incorporated on to the following
eng~neering drawings prepared by Knox, Martin & Kretch Limited,
ProJect No. , Housing File
Drawinq Numbers
e
Descrit>tion
1
2
3
4
5
(General Plan)
West section
North 'Section
North East section
South East section
South Central section
6
7
8
9
10
11
(Grading Plans)
Lots 101 to 109
Lots 94 to 100 & 110 to 115
Lots 87 to 93 & 116 to 119
Lots 70 to 86
Lots 14 to 28
Lots 45 to 53, 53 to 69, 120
to 122
Lots 7 to 13, 29 to 35, 40 to
45 & 54 to 55
Lots 123 to 126, 132, to 142
Lots 36 to 39, 56 to 58, 127
to 129 & 177 to 182
Lots 1 to 6 & '183 to 192
Lots 130 to 131, 143 to 150 &
& 171 to 176
Lots 151 to 159 & 163 to 170
Lots 160 to 162
Highland Dr. sta 0 + 000 to
o + 250
Highland Dr. sta 0 + 250 to
o + 525
Highland Dr. sta 0 + 525 to
o + 800 .
Highland Dr. sta 0 + 800 to
I + 049.21
Alpine Way, sta 0 + 0 + 0
+ 225
12
13
14
15
16
17
IS
19
(Plans & Profiles)
20
21
22
23
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24
Alpine Way, sta 0 + 225 to
o + 475
Alpine Way, sta 0 + 475 to
o + 725
Alpine Way, sta 0 + 725 to
o + 833.01
Bridle Path, sta 0 + 000 to
o + 225
Bridle Path, sta 0 + 225 to
o + 450
Bridle Path, sta 0 + 450 to
o + 523.35
Nordic Trail, sta 0 + 000 to
o + 225
Nordic Trail, sta 0 + 225 to
o +475
Nordic Trail, staO + 475 to
o + 704.40
Chestnut Lane, sta 0 + 000 to
o + 250.32
Pod's Lane, sta 0' + 000 to
o + 225
Pod's Lane, sta 0 + 225 to
o + 295
Bunkers Place, sta 0 + 000 to
o + 099.25
Oro Fourth Line, sta 0 + 825
to I + 125
Oro Fourth Line, sta 1 + 125
to 1 + 400
Oro Fourth Line, sta 1 + 400
to 1 + 675
Oro Fourth Line, sta 1 + 675
to 1 + 950
Oro Fourth LIne, sta 1 + 950
to 2 + 260
Simcoe county Road 57,
sta. -0 + 250 to -0 + 025
Simcoe County Road 57,
sta. -0 + 025 to 0 + 250
Simcoe county Road 57,
sta. 0 + 250 to 0 + 500
Detention Pond & Driveway
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,25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 (Construction Details) Construction Standards,
Township of Oro
46 Construction standards, OPSD
47 Construction standards,
Watermain
48 (Supplementary Drawings) storm Drainage Plan,
West section
49 Storm Drainage Plan,
North Central section
50 storm Drainage Plan,
North East section
51 Storm Drainage Plan,
South East section
52 Storm Drainage Plan,
South Central section
Prior to construction the above referenced drawings must b_e
stamped as accepted by the Township Engineers, R.G. Robinson an .
Associates Ltd.
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SCHEDULE "D"
It is understood and agreed that this schedule
forms part of the Subdivision Agreement between the
Township of ora and Horseshoe Resort corporation.
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ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS
The fOllowing list summarizes the cost estimate of the ~ajor works
but is not necessarily all inclusive:
1. Watermain construction complete with hydrants, $453,000.00
valves, and single service connections........
2. Roadway construction complete including
excavation, granular roadbase materials,
two lifts of asphalt, drainage culverts,
ditching, topsoil and seeding.............. $1,161,000.00
3. Miscellaneous items such as street name
and traffic signs............................. $5,000.00
4. Reconstruction of part of Fourth Line......... $371,000.00
5. Reconstruction of part of simcoe county
Road 57...................,.................... $161,000.00
6.
Allowance for engineering su~ervision.........
$100,000.00
TOTAL ESTIMATED COSTS
$2,251,000.00
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SCHEDULE "E"
NOTE:
It is understood and agreed that this schedule forms part
of the Subdivision Agreement between the Township of Oro
and Horseshoe Resort Corporation.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
NIL
LIST OF LOTS REQUIRING SPECIAL ATTENTION
Lots 5, 6, 14, 15, 16, 26, 36, 146, 147, 148, 149, 159, 160,
161, 162, 163, 164, and 165.
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SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule
forms part of the Subdivision Agreement between
the Township of Oro and Horseshoe Resort
corporation.
LIST OF. LOT LEVIES. DRAINAGE AND LOCAL IMPROVEMENT CHARGES TO BE
COMMUTED BY THE DEVELOPER
Lot levy is $3.000.00 per lot.
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SCJD!IDULB "Oil
NOTE:
It is understood and agreed ~at this Schedule forms part
of the Subdivision Aqreement between the Township of Oro
and Horseshoe Resort corporation.
LiST OF EASEMENTS TO BE GRANTED TO THE TOWNSHIP
(1) 5-metre drainage easement as follows:
be1:ween Lots 89 & 90.
(2) 6-metre dratnae;e easements as tallows:
- between Lots 36 and 31 and 36 and 38 J .
between Lots 5 and 6'
between Lots 127 and 128'
between Lo~. 162 and 163.
(3) 6-metre watermain easement as follows:
between Lots 21 and 22 J
(4) 7-metre watermain and drainage easement as follows:
ba1:ween Lots 13 and 14 and across Block 200.
(5) Easement for stormwater detention facility on Bloak 200.
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(6) Areas adjacent to Road Allowances to be filled for roadway
construction and drainage require easements as set out in the
engine.rine; drawings and more specitically: Front of Lots 35,
36, 4, 5, 6, and 159 to 165 inolusive, and side of Lot 31.
(1) 4 metre by 4 metre triangles at the following locations to
accommodate ditoh construction:
HE Corner Lot 116
HW Corner Lot 66
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SE Corner of Lot 56
SW Corner of Block 194
HE Corner of Lot 129
NIt Corner of Lot 177
BE Corner of Lot 37
BW Corner of Lot 4
(8)
HB Corner of Lot 184
NW Corner of Lot 190
HB Corner of Lot 14&
BE Corner of Lot 176
NB Corner of Lot: 130 _
0.30 m Reserves on dead-ends and on open sides of Road
Allowanoes.
(1)
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LANDS TO BB DEEDBD TO THE TOWNSHrp
~~~~.t:re rad~U8 for temporary cul-de-sac west of Lots 160 and
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SCHEDULE' "Hit
It: is understood and agreed that this Schedule
forms part: of the Subdivision Agreement between
the Township of Oro and Horseshoe Resort
Corporation.
NOTE:
PARKLANQ
Block 194
31
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SCHEDULE "I"
TOWNSHIP OF ORO
DECLARATTON OF PROGRESS AND COMPLETION
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SUBDIVISION
Ph~~p TV A
DEVELOPER
Ho~~p~hop Rp.so~t Co~po~ation
CONSULTING ENGINEER Knox Ma~tin Kretch limited
As required by the
Township of Oro and
Agreement between the Corporation of the
Horseshoe Resort Corporation
The Developer(s) dated
Julv 13. 1990
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 compiled with.
b) Granular "B" and Granular "A" on or before 5ept~mber 21. 1990
c) Grading, topsoiling and seeding of private blocks and parks on
or before NIl! .
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d) Boulevard sodding and hydro seeding in all roads on or before
O~toner 1,. 1990
e) Hot asphalt on or before October 13, 1990
f)
Planting of trees on or before
N/A
2. The Developer further agrees that the Township is hereby
authorized to carry out, at his expense, any of the work set
out ~n this Declaration not finished on or before the
completion dates, to be commenced not sooner than one week
following such completion date, it being understood and agreed
that the Township's authorization is limited only to that work
required under the Declaration.
3. The Developer 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. 'II'
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4.
The Developer further aqrees 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. generality of the
foregoing, the Township's cost shall be the. cost of
materials, equipment rental, labour, payroll burde9' plus
20~ for overhead. .
5.
It is understood and agreed that ~hould the Developer fail
to construct the remaining serv1ces 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 re~ired by the
Township.
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Signed
~ rA ('7 I I~Ho
Date