10 02 2002 Council Agenda
.#, .
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, OCTOBER 2, 2002
TIME: 7:00 p.m.
..........................................................................
1. OPENING OF MEETING BY MAYOR
2. PRAYER
3. ADOPTION OF AGENDA
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. RECOGNITION OF ACHIEVEMENTS
6. MINUTES OF PREVIOUS MEETINGS
a) Minutes of the Council Meeting held Wednesday, September 18, 2002.
..............................................................................
7. CONSENT AGENDA CORRESPONDENCE:
a) Notice from Severn Sound Environmental Association, dated September 26,
2002 re: North Simcoe Municipal Groundwater Study Public Meeting
Announcement.
b) Correspondence from Douglas Moles, dated September 23,2002, re:
Appreciation for excellent service provided by Public Works Department.
c) Correspondence from residents of Trillium Trail, Oro Hills Subdivision re: Thank
you.
8. DEPUTATIONS:
a) 7:00 p.m. Public Meeting re: A by-law respecting Smoking in Public Places
in the Township of Oro-Medonte.
9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ES2002-51, Keith Mathieson, Director of Engineering and
Environmental Services, re: Russell Hill Homes Inc. - Site Plan Agreement
b) Report No. ES2002-50. Keith Mathieson, Director of Engineering and
Environmental Services, re: Arbourwood Estates Ltd. - Phase II - Subdivision
Agreement.
. ..'-
b) Report No. ES20D2-50, Keith Mathieson, Director of Engineering and
Environmental S~rvices, re: Arbourwood Estates Ltd. - Phase II - Subdivision
Agreement.
10. COMMUNICATIONS:
11. REPORTS OF COMMITTEES:
a) Minutes of the Ccammittee of the Whole meeting held Wednesday, September
25, 2002.
12. PETITIONS:
It
13. UNFINISHED OIR NEW BUSINESS:
14. BY-LAWS:
a)
By-law No. 2002-098
b)
By-law No. 2002-102
c)
By-law No. 2002-101
d)
By-law No. 2002 - 099
15. IN-CAMERA:
Being a By-law to Authorize the Execution of a
Licence to Occupy Agreement between the
Township of Oro-Medonte and Her Majesty, The
Queen in right of Ontario, as represented by the
Ministry of the Public Safety & Security, Ontario
Provincial Police. (Property known as 3331 Line 4
North, Township of Oro-Medonte).
Being a By-law to Authorize the Execution of a Site
Plan Control Agreement between The Corporation of
the Township of Oro-Medonte, and The Hedbern
Development Corp. and Russell Hill Homes Inc. (See
Report No. ES2002-51 Item 9a)
Being a By-law to Authorize the Execution of a
Subdivision Agreement between The Corporation of
the Township of Oro-Medonte and Arbourwood
Estates Ltd. (Phase II). (See Report No. ES 2002-50
Item 9b).
Being a By-law to Appoint Members to the
Accessibility Advisory Committee.
16. CONFIRMATIOI"\I BY-LAW NO. 2002-100.
17. ADJOURNMENr:
18. QUESTIONS:
ADDENDUM
COUNCIL MEETING
Wednesday, October 2, 2002
10. COMMUNICATIONS:
a) Mental Health Implementation Task Force, correspondence re: Mental Illness
Awareness Week, October 6 - 13, 2002.
b) Calvin Grant, Stand Fast Investments, correspondence re: Rezoning Application,
9813 Hwy. 12, Warminster.
150 P01
00 '00 00:00
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Severn Sound
,..,.---...........-._0",,-<.
- '" . ~. ~ ~- -
Environmental Association
Wye Marsh Wildlife Centre p,o, Box 100 Midtand, Ontario
L4R 4K6 (705) 526-7809 - FAX (705) 526-3294
September 26, 2002
North Simcoe Municipal Groundwater Study
Public Meeting Announcement
The North Simcoe Municipal Groundwater Study has received fUnding from the
Ministry of Environment (MOE) to undertake a Groundwater Study within the
northern portion of Simcoe County, and includes: the Corporation of the Townships
of Tiny, Tay, Severn, Ramara, Springwater, Oro-Medonte, the Corporations of the
Towns ofPenetanguishene and Midland, the Corporation of the City ofOrillia, the
County of Simcoe and the Simcoe County District Health Unit.
The primary objectives of this study are to defIne existing groundwater resources,
delineate wellhead protection areas and to develop groundwater protection
strategies. To infonn all interested parties of the study objectives and to obtain input
from the public regarding the study, the Steering Committee has arranged two
Public Information Centres (PIC) that will be held as follows:
DATE: Tuesday, October 1,2002 Saturday, October 5, 2002 ,
TIME: 4:00 pm to 8:00 pm 10:00 am to 2:00 pm
LOCATION: Severn Township Council Chambers Midland COIillci1 Chambers
1024 Hurlwood Lane, Orillia 575 Dominion Ave. Midland
Questions or comments about the Public Infonnation Centres can be directed to the
Steering Committee at ssea@csolve.net or contact Michele Locke, Communications
Officer at the Severn Sound Environmental Association Office at 705-526-7809.
Study infonnation will soon be available at www.nsimcoe.golder.com and
www.sevemsound.ca.
1/::)-1
1993 Line 8 North,
R.R. 2, Oro station,
Ontario LOL 2EO
September 23, 2002
~~
RECEivED
SEP Z 6 zaOZ
Oi'?Q-fIi!ED
'rOWf'U;fl,~TE
.
Mayor J. Neil Craig a=nd
Members of Council,
Township of Oro-Medon-te,
Box 100, Oro Station,
LOL 2XO
"
Dear Mayor Craig and Members
of Council:
Thank You to Public Works Department
r am writing to expre=ss appreciation for excellent service
provided recently b},,! representatives of the Oro-Medonte
Public Works Departme=nt.
During one of the on ly heavy rainfalls of the past summer
our gravel driveway w as washed out by runoff coming onto our
property from the mur.icipa1 road allowance (Line 8). When
r called a contrac~or for an estimate on repairs, he
suggested that r conwtact the Township, as the runoff which
caused the damage haad come onto our property from the
municipal road allow~nce.
Following his suggeestion, r called the Public Works
Department. Pam, wh~ took my call, was extremely pleasant,
helpful, and efficie=nt in passing the message on to the
appropriate Public W~rks crew.
.
Representatives of ~he Public Works Department arrived to
investigate the sanae day, confirmed the source of the
runoff, and proceede.ct to make the necessary repairs to our
driveway. My wife ~as at home when the work was done and
was very impressed with the courtesy and efficiency of the
works crew. When r =returned home that evening, r was
r
.
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delighted to find that they had made a very thorough repair,
returning the driveway to its previous condition, and
grading the road allowance to try to prevent the same thing
from happening again.
.
My wife and I would appreciate it if you would pass on
thanks to Mr. Ball, the Public Works Superintendent, and
compliments on the friendly and efficient work of
members of his department.
our
our
the
Yours very truly,
>~ I"-~
-
Douglas S. Moles
Copy to:
Mr. J. Ball,
Public Works Superintendent,
Township of Oro-Medonte
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DRAFT
THE CORPORATION OF THE ,OWNSHIP OF ORO-MEDONTE
BY -L..o.W NO.
Being a By-law Respectin~ Smoking in Public Places
in the Townshi., of Oro.Medonte
WHEREAS the Municipal Act, R.S.O. 1990, Section 213, Chap. MAS, as
amended authorizes a municipality to pass ;;;a by-law regulating the smoking of tobacco
and the carrying of lighted tobacco product:s in public places within the municipality and
to designate public places;
..
AND WHEREAS it has been determined that second hand tobacco smoke
(exhaled smoke and the smoke from idling cigarettes, cigars and pipes) is a health
hazard or discomfort for many inhabitants of the Township of Oro-Medonte;
THEREFORE the Council of the, e Township of Oro-Medonte enacts as
follows:
1. DEFINITIONS
In this by-law:
(a) Ashtray: means a receptacle for tobacco ashes and for cigar and cigarette
butts;
(b) Council: means the Council of the township of Oro-Medonte;
(c) Inspector: means a person appoin ted or contracted by Council to enforce this
by-law;
(d) Person: includes a corporation;
(e) Proprietor or Other Person in Charge: means the person who controls,
governs or directs the activity car.-Ied on within the premises designated as
prohibited areas under this by-law and Includes the person who Is actually in
charge thereof at any particular time::;
(f) Public Building: means any buildicng or group of buildings to which the public
has access;
.
(g) Public Facility: means any hall, rDom, or banquet area that is publicly owned
and is rented for an event or functio.,;
"
(h) Public Place: means the whole or part of an indoor area to which the general
public is Invited or permitted access ...and includes public transportation;
(i) Public Portion: means the area of ;;;any building to which the public has access;
OJ Public Transportation: means a vEhicle licensed for the purpose of
transporting the public;
,
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(k) Smoke Or Smoking includes the carrying of a lighted cigar, cigarette, pipe or
any other lighted smoking equipment; and
(I) Township: means the Township of Oro-Medonte.
2. GENERAL PROHIBITIONS
2.1 No person shall smoke in any public place designated under Section 2 of this by-
law.
2.2 The following are designated public places for the purposes of this by-law:
.
(a) public building
(b) public facility
(c) public portion of a building
(d) public transportation
3. SIGNS
3.1 The proprietor or other person In charge of any public place designated or
regulated under this by-law shall ensure that a sufficient number of signs as
prescribed by Section 3.2 are conspicuously posted so as to clearly identify that
smoking is prohibited and shall ensure that:
(a) signs are posted at every entrance to a public building, which are visible
and in sufficient numbers, clearly indicating that smoking Is prohibited in
the public building, and
(b) signs referred to in clauses (a) are in accordance with Section 3.2.
3.2 (1) The signs referred to in this by-law shall consist of graphic symbols that
comply with the provisions of this section.
(2) The following graphic symbol shall be used to indicate the areas where
smoking is prohibited pursuant to this by-law:
on a white background with the circle and the interdictory stroke in red.
(3) The graphic symbol referred to in subsection (2) shall include the text
"Township of Oro-Medonte By-law" in letters and figures at least five (5%)
percent of the diameter of the circle In the symbol.
(4) To the symbols referred to in subsection (2) there may be added
additional appropriate symbols such as directional arrows.
(5) Despite the fact that the symbol referred to in subsection (2) is a
cigarette, it shall include a lighted cigar, cigarette, pipe or any other
lighted smoking instrument.
6e, ?, ~
(6) With res[J€ct to size of the graphic symbol, the diameter of the circle of
the symbol referred to in subsection (2) shall be not less than ten
centimeters (10cm).
(7) Deviations from the coiour Or content of the signs prescribed by this
section that do not affect the substance or that are not calculated to
mislead do not vitiate the signs.
(8) Any sign prohibiting smoking that refers to a by-law of an old municipality
is deemed to be referring to this by-law.
4. ASHTRAYS
..
The proprietor or other person in charge of a public place regulated under this by-law
shall ensure that no ashtrays are placed or allowed to remain in any public place where
smoking Is prohibited pursuant to this by-law.
5. COUNCIL-APPROVED POLICIES
5.1 Council-approved non-smoking policies with respect to the Township's buildings
are deemed to be specified within this by-law.
5,2 No person shall smoke in any area designated as an area where smoking Is
prohibited by any Council-approved policy referred to in Section 5.1.
6. DUTIES
No proprietor or other person in charge of a public place shall permit smoking where
smoking Is prohibited under this by-law.
7. OFFENCES
7.1 Any person who contravenes any of the provisions ofthis by-law is guilty of an
offence.
7.2 Any person who hinders or obstructs a person lawfully carrying out the
enforcement of this by-law is guilty of an offence.
8. FINES
Every person who is convicted of an offence pursuant to this by-law is liable to a fine of
not more than FiveThousand Dollars ($5,000.00) as provided for in the Provincial
Offences Act, R.5.0. 1990, Chap, P.33.
9.
ENFORCEMENT
,
9.1 The provisions of this by-law respecting the designation of non-smoking areas,
the posting of signs and the duties imposed on the proprietor or other person in
charge of a public place shall be enforced by Inspectors.
9.2 An inspector may, at any reasonable time, enter any designated pubilc place for
the purposes of determining compliance with this by-raw.
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10. CONFLICTS
If a provision of this by-law confiicts with an Act or a regulation or another by-law, the
provision that is the most restrictive of smoking shall prevail.
11. SEVERABILITY
If any section or sections of this by-iaw or parts thereof are found in any court of law to
be illegal or beyond the power of Council to enact, such section or sections or parts
thereof shall be deemed to be severable and all other sections or parts of this by-law
shall be deemed to be separate and independent therefrom and to be enacted as such.
.
12. EFFECTIVE DATE
This by-law shall come into force and effect on
By-Law read a first and second time this day of
By-Law read a third time and finally passed this
day of
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor J. Neil Craig
Clerk, Marilyn Pennycook
qa-\
REPORT
DEPT. REPORT TO: COUNCIL PREPARED BY:
#ES2002-51 Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Russell Hill Homes Inc. - Public Works
Site Plan Agreement
C.OFW.:
DATE: Sept. 25, 2002
MOTION #:
DATE: R. M. FilE #: L04-12177
.
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ACKGROUND' ',<"',."'"
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Russell Hill Homes Inc. has applied to the Township to locate a temporary sales trailer at the corner
of County Road #22 and Beacock Road in the hamlet of Craighurst.
~SUMMARY:3;'>;?';~;f'.;;;'c';i':r:y/: " ".3.5~';,\;;;/ft:;;i.',' ;'. ,",' ", .y ,.,}~j;;!':r,:3';,;' ,;;.;' ',';' ,
The application for Russell Hill Homes Inc. was submitted to the Site Plan Committee on August 23,
2002 and Committee concerns emanating from this meeting have been addressed by Russell Hill
Homes Inc.
Russell Hill Homes Inc. is now requesting that the Township enter into a Site Plan Agreement.
IRECOMMENDATIONS"V;' .,:, · ,...,:.;:,::.,3';;;,;;3.;'.,,'53.'3,;..[":,,ii, ...,.... ,:. '..:".: ,,' J,',;,:. ,'... .;,' :;;~j';:';"""';
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1. THAT Council receives and adopts this report.
2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with The Hedbern
Development Corp. (Owner) and Russell Hill Homes Inc. (Tenant).
3. THAT the Clerk prepares a By-law to enter into the Site Plan Agreement for Council's
consideration.
.
ubmitted,
f\'d- {/O d-
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Keith Mathieson
. ,"
C{C{ -J.
APPENDIX "A"
SITE PLAN AGREEMENT
- between.
THE HEDBERN DEVELOPMENT CORP.
(OWNER)
. and.
RUSSELL HILL HOMES INC.
(TENANT)
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF lANDS
Parcel 41-2. Section 51-FlOS-1; Part lot41, Concession 1, W.P,R.,
Formerly Flos Township, Part 1, 51R-23973, Except Part 8, 51R-27864
Being all of PIN #58365-0142 (lI)
Part Lot41, Concession 1, W.P.R., Formerly Flos Township,
Part 2, 51R-23973
Being all of PIN #58365-0054 (lI)
Parcel 41-2, Section 51-FORMERLY FLOS-1; Part lot 41,
Concession 1, WP.R., Formerly Flos Township,
Part 4, 51 R-23973
Being all of PIN #58365-0143 (lI)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
September, 2002
By-law No. 2002-
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
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THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
.
2
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
THE HEDBERN DEVELOPMENT CORP.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
RUSSEll Hill HOMES INC.
Hereinafter called the "Tenant"
PARTY OF THE SECOND PART
-and-
THE CORPORA TION OF THE TOWNSHIP OF ORO.MEDONTE
Hereinafter called the "Township"
PARTY OF THE THIRD PART
WHEREAS the Tenant has applied to the Township of Oro-Medonte to permit a
temporary sales office on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Tenant intends to develop the lands in accordance with the Site
Plan attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT In consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
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1. COVENANTS BY THE TENANT
The Tenant covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Tenant shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Ownerffenant shall, prior to the execution of this Agreement, pay all municipal
taxes and charges related to obtaining the approval of these lands for the intended
use.
f) The Tenant shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Tenant acknowledges
and agrees that the Tenant shall be responsible for the cost of performance of all
the Tenant's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Tenant Is obligated in any way, shall be
deemed to Include the words "at the expense of the Tenant", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. The Tenant shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "CO, as well as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a temporary sales office as
described on the Site Plan.
b)
That the Township agrees that subject to compliance by the Tenant with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Tenant
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Tenant shall be on and subject to the following terms and conditions:
4
, "
({a-&
a)
Site Plan
The use and development of the subject lands shall be In
accordance with and as set out on the Site Plan, attached hereto as
Schedule "B",
b) Lighting
All lighting systems installed outside, such as floodlights, shall be
directed away from any adjacent residential use andlor roadway, not
to cause Interference In any way.
c) Parking Areas and Driveways
All parking areas and driveways shall be constructed, in conformity
with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and
the Ontario Building Code Regulation #419186, and such parking
areas, loading and access areas shall be kept free and clear of snow
and ice and kept adequately drained. All entrances shall be
constructed, as In Schedule "B", attached. The Tenant agrees to
obtain all necessary approvals from the County of Simcoe and
Township of Oro-Medonte.
d) Outside Storage
No outside storage shall be permitted.
e) Garbage Storage
The Tenant agrees to provide suitable storage areas for garbage
and waste, as shown on the Site Plan, and to install and maintain
litter containers In and around development on the lands.
f) Landscaping
The Tenant shall complete all landscaping and landscaped areas
shown on the Site Plan, attached as Schedule "B", as soon as
weather permits, and all grading and sodding required, according to
any Engineering drawings submitted, shall be done on all lawn
areas.
g) Erosion and Siltation Control
The Tenant must take all necessary precautions to prevent erosion
and sedimentation of ditches and culverts, slopes, etc.. within the
Site Plan, and downstream prior to and during construction. The
Tenant agrees to maintain all erosion and siltation control devices In
good repair until vegetative cover has been successfully established.
h) Dust Control
The Tenant shall apply calcium to the parking area within the Site
Plan, In quantities sufficient to prevent any dust problem to traffic or
adjacent properties, to the satisfaction of the Township.
If the Tenant has not taken remedial action within twenty four (24)
hours of receiving written notification from the Township regarding a
5
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dust control problem, the Township, at its sole direction, shall employ
outside forces to implement, at the Tenant's expense, a suitable
measure of dust control.
i) Term of Agreement
This Agreement Is for a period of three (3) years from the registration
of the Agreement. At the end of the three (3) years, the Site Plan
shall be subject to review.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved. In
writing, by all Parties.
5. SECURITY
Prior to signing the Agreement, the Tenant will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Tenant arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work"), 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 Schedule "E", with an automatic renewal clause In the amount
of one hundred percent (100%) of the estimated costs of the said works, 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, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Tenant'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.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and Security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Tenant. including without limiting the generality of the
foregoing, payment of engineering. legal, planning or other costs incurred by the
Township, which are the responsibility of the Tenant. under the terms of this
Agreement.
e)
Upon written notification by the Tenant's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Tenant's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
.
f) If in the event of default of the Tenant under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits. then the Township shall give. by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
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qr:; -'1
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Tenant for the performance of its covenants and agreements herein, and upon default on
the part of the Tenant hereunder, the Township shall, in addition to any other remedy
available to It, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended.
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Tenant and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto, and upon the lands described In Schedule "A",
attached hereto, such Schedule being a legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid. the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Tenant, on behalf of itself, its successors and assigns. agrees to indemnify and save
harmiess, the Township from and against any and all claims, suits, actions and demands
whatsoever. which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
7
...
SIGNED, SEALED AND DELIVERED
8
/)
LIt? ~9
)b~S~
) Owner:
) THE HEDBERN DEVELOPMENT
) CORP.
)
) Bernie Still
) Has the Authority to Bind the Corporation
)
)
~~ct;
) RUSSELL HILL HOMES INC.
)
) Ernie Boltero
) Has the Authority to Bind the Corporation
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
'.'
/)
fjtj -/D
SCHEDULE "Au
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, The Hedbern
Development Corp., and Russell Hill Homes Inc.
LEGAL DESCRIPTION OF LANDS
Parcel 41-2, Section 51-FLOS-1; Part Lot 41, Concession 1, W.P.R., formerly Flos
Township, Part 1, 51R-23973, except Part 8, 51R-27864, being all of PIN #58365-0142
(Lt).
Part Lot 41, Concession 1, W.PR., Formerly Flos Township, Part 2, 51R-23973, being
all of PIN #58365-0054 (Lt).
Parcel 41-2, Section 51-FORMERLY FLOS-1; Part Lot41, Concession 1, W.P.R.,
formerly Flos Township, Part 4, 51R-23973, being all of PIN #58365-0143 (Lt).
9
'"
NOTE:
SITE PLAN
{tit -/ /
SCHEDULE "B"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, The Hedbern
Development Corp., and Russell Hill Homes Inc.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
10
. ..
tic - J:J
SCHEDULE"C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, The Hedbern
Development Corp., and Russell Hill Homes Inc.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the Solicitors for the
parties after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
NJA
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
NJA
II
. ..
tfC;-/J
SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, The Hedbem
Development Corp., and Russell Hill Homes Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1. ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
Driveway
Dust Control
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
$2,000.00
12
(NOT APPLICABLE)
Cfb-11
SCHEDULE "E"
SITE PLAN AGREEMENT - STANDARD POR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.'
\MOUNT: $
Except as otherwise expressly stated. rltis Letter of Credit is issued subject to the Unifonn Customs and Practices for
Documentary Credits (1993 Revision), being Ice Publication No. VCP 500.
TO:
THE CORPORATION OF THE TOWNSmp OF ORO-MEDONTE
P.O. Box 100, 01'0 Ontario, LOL 2XO
We hereby authorize you to draw on the Bank of
Ontario, . for the account of
. up to an aggregate amount of
which is available on demand.
. ($$$$$$$$)
Pursuant to the request of our said customer, . we, the Bank of
. . Ontario, . hereby establish and give to you an
Irrevocable Letter aCCredit in your favour, in the above amount, which maybe drawn on by you at any time and from
time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring
whether you have the right as between yourself and our said customer to make such demand and without recognizing
any claim of our said customer or objection by them to payment by us.
Demand shalI be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oeo-
Medonte. The original Letter of Credit must be presented to us at : Bank of
, ,Ontario, . The Letter of Credit, we und~rstand, relates to a
Site PIal) A!;!reement between our said customer and the Corporation of the Township ofOro~Medonte, with Mort2alZe
Comvanv. as a third party, regarding subdivision of
I.Proper!}'(le~nptJol1)
The amount of this Letter oCCredit maybe reduced from time to time, as advised by notice in writing, given to us by an
authorized signing officer of the Corporation of the Township ofOro-Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly
honoured UpOD demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set
forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment
from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the
present, or any future expiration date, we notify you in writing by registered mail that we eject not to consider this Letter
of Credit to be renewable for any additional period.
Dated at
,Ontario,this
day of
19
authorized signature
authorized signature
Bank of
12
REPORT
qb-I
DEPT. REPORT TO: COUNCIL PREPARED BY:
#ES2002.50 Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Arbourwood Estates Ltd. Public Works
- Phase \I - Subdivision
C.OFW.: Agreement
DATE: Sept. 25, 2002
MOTION #:
DATE: R. M. FILE #: L04-11356
The Township of Oro-Medonte entered into a Subdivision Agreement with Arbourwood Estates Ltd. in
July, 2001 to construct Phase I of this development, consisting of twenty-three (23) lots.
The Developer has proceeded to install the municipal services for Phase II, consisting of seventy-
seven (77) lots, under a Pre-Servicing Agreement.
The Developer is now requesting that the Township enters into a Subdivision Agreement for Phase II.
The Developer is responsible for upgrades to the existing Shanty Bay Water System, which is
presently being designed for submission to the Ministry of the Environment for approval.
The Township previously approved the issuing of fourteen (14) Building Permits in Phase II, prior to
completion of these upgrades, which is addressed in Part 6 of this Agreement.
The Township Engineer is presently reviewing the amount of securities required to be posted by the
Developer, prior to registration of the Agreement.
1. THAT Council receives and adopts this report.
2. THAT the Township of Oro-Medonte enters into a Subdivision Agreement with Arbourwood
Estates Ltd., Phase II.
3. THAT the Clerk prepares a By-law to enter into a Subdivision Agreement with Arbourwood
Estates Ltd., Phase II, for Council's consideration.
4. THAT the Subdivision Agreement with Arbourwood Estates Ltd., Phase II, be registered once the
Developer has posted the required securities.
Respectfully SUI;H))itted,
11~11~ ~
lA' Keith Mathieson
~/}/
sf!J~'
'.
c(b-J-
SUBDIVISION AGREEMENT
- between -
ARBOURWOOD ESTATES LTD.
PHASE II
. and.
THE CORPORATION OF THE TOWNSHIP OF ORO . MEDONTE
DESCRIPTION OF LANDS
Lot 22, Being all of PIN #58552-0188
Lot 25, Being all of PIN #58552-0191
Lot 26, Being all of PIN #58552-0192
Lot 27, Being all of PIN #58552-0193
Lot 28, Being all of PIN #58552-0194
Lot 29, Being all of PIN #58552-0195
Lot 30, Being all of PIN #58552-0196
Lot 31, Being all of PIN #58552-0197
Lot 32, Being all of PIN #58552-0198
Lot 33, Being all of PIN #58552-0199
Lot 34, Being all of PIN #58552-0200
Lot 35, Being all of PIN #58552-0201
Lot 36, Being all of PIN #58552-0202
Lot 37, Being all of PIN #58552-0203
Lot 38, Being all of PIN #58552-0204
Lot 39, Being all of PIN #58552-0205
Lot 40, Being all of PIN #58552-0206
Lot 41, Being all of PIN #58552-0207
Lot 42, Being all of PIN #58552-0208
Lot 43, Being all of PIN #58552-0209
Lot 44, Being all of PIN #58552-0210
Lot 45, Being all of PIN #58552-0211
Lot 46, Being all of PIN #58552-0212
Lot 47, Being all of PIN #58552-0213
Lot 48, Being all of PIN #58552-0214
Lot 49, Being all of PIN #58552-0215
Lot 50, Being all of PIN #58552-0216
Lot 51, Being all of PIN #58552-0217
Lot 52, Being all of PIN #58552-0218
"^>
GfO-3
DESCRIPTION OF LANDS (cont'd.)
Lot 53, Being all of PIN #58552-0219
Lot 54, Being all of PIN #58552-0220
Lot 55, Being all of PIN #58552-0221
Lot 56, Being all of PIN #58552-0222
Lot 57, Being all of PIN #58552-0223
Lot 58, Being all of PIN #58552-0224
Lot 59, Being all of PIN #58552-0225
Lot 60, Being all of PIN #58552-0226
Lot 61, Being all of PIN #58552-0227
Lot 62, Being all of PIN #58552-0228
Lot 63, Being all of PIN #58552-0229
lot 64, Being all of PIN #58552-0230
Lot 65, Being all of PIN #58552-0231
Lot 66, Being all of PIN #58552-0232
Lot 67, Being all of PIN #58552-0233
Lot 68, Being all of PIN #58552-0234
lot 69, Being all of PIN #58552-0235
lot 70, Being all of PIN #58552-0236
Lot 71, Being all of PIN #58552-0237
lot 72, Being all of PIN #58552-0238
Lot 73, Being all of PIN #58552-0239
Lot 74, Being all of PIN #58552-0240
Lot 75, Being all of PIN #58552-0241
Lot 76, Being all of PIN #58552-0242
Lot 77, Being all of PIN #58552-0243
Lot 78, Being all of PIN #58552-0244
Lot 79, Being all of PIN #58552-0245
Lot 80, Being all of PIN #58552-0246
Lot 81, Being all of PIN #58552-0247
Lot 82, Being all of PIN #58552-0248
lot 83, Being all of PIN #58552-0249
lot 84, Being all of PIN #58552-0250
Lot 85, Being all of PIN #58552-0251
lot 86, Being all of PIN #58552-0252
Lot 87, Being all of PIN #58552-0253
lot 88, Being all of PIN #58552-0254
Lot 89, Being all of PIN #58552-0255
lot 90, Being all of PIN #58552-0256
lot 91, Being all of PIN #58552-0257
lot 92, Being all of PIN #58552-0258
Lot 93, Being all of PIN #58552-0259
lot 94, Being all of PIN #58552-0260
Lot 95, Being all of PIN #58552-0261
lot 96, Being all of PIN #58552-0262
lot 97, Being all of PIN #58552-0263
Lot 98, Being all of PIN #58552-0264
lot 99, Being all of PIN #58552-0265
Lot 100, Being all of PIN #58552-0266
2
July, 2002
By-Law No.
qb-Lf
DESCRIPTION OF LANDS (cont'd.)
ALL ON PLAN 51M-696
ALL IN THE TOWNSHIP OF ORO-MEDONTE
(FORMERLY TOWNSHIP OF ORO)
COUNTY OF SIMCOE
Ipublic wOrks/2002 subdivision agreements/standard subdivision agreement
3
.
Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 10
Schedule "A"
Schedule "B"
Schedule "C" -
Schedule "D" -
Schedule "E" -
Schedule "F" -
Schedule "G" -
Schedule "H"
Schedule "I"
Schedule" J"
Schedule "K"
qj) ~6
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
General Requirements
lands, Plans and Representations
Requirements Prior to Execution of Agreement
Pre-Construction Requirements
Financial Requirements
Staging or Phasing
Construction Requirements
Building Permits and Occupancy
Maintenance and Acceptance
Default Provisions
SCHEDULES
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
andlor Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans
Standard Township Letter of Credit
4
Cfb,fo
TOWNSHIP OF ORO.MEDONTE
THIS AGREEMENT made as of the
day of
,2002.
BETWEEN:
ARBOURWOOD ESTATES LTD.
PHASE II
(hereinafter called the "Develope~')
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
WHEREAS the lands affected by this Agreement are the lands described in Schedule
"A" hereto annexed, and are also shown on the Plan of Subdivision attached to and
forming part of this Agreement as Schedule "B" and collectively are herein referred to as
the "said fands";
AND WHEREAS a Draft Plan with Conditions (43T-92024) has been issued for the
proposed subdivision, which requires that the Developer must satisfy all the
requirements financial and otherwise of the Township, including the provisions of certain
Municipal Services;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and for other good and valuable consideration and the sum of Two Dollars
($2.00) of lawful money of Canada now paid by the Township to the Developer (the
receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP
HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS:
5
PART -1
qb-l
GENERAL REQUIREMENTS
1.1 DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ Engineers registered and in good standing with the
Association of Professional Engineers of Ontario:
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
To prepare designs in accordance with the Township of Orc-
Medonte Engineering Standards and Drawings (dated October,
1997).
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 Township of Oro-Medonte sewage approval
authority, the Ministry of Nalural Resources, County of Simcoe,
Simcoe County District School Board and Simcoe Muskoka
Catholic District School Soard, and utility companies, or as a result
of legislative or procedural change, the Ministries shall be deemed
to be the Ministry of Municipal Affairs and Housing, as well as the
Council of the Township of Oro-Medonte or the Chief Building
Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8,2.
To act as the Developer's representative in all matters pertaining to
the subdivision.
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.
To provide supervision during construction of all the services.
To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
To maintain records of construction which shall be available for
inspection or copy by the Township.
To prepare final "as constructed" Mylar drawings which will include
the following with regard to provision of a digital Plan of
Subdivision:
Completed digital Plan of Subdivisions must be in AutoCAD 12
drawing format or DXF and be delivered on a 1.44 MB floppy
diskette. Two copies of each Plan of Subdivision are required on
separate diskettes.
Each diskette must be labeled Identifying the legal property
description, developer's name, file name, and date delivered.
PKZIP Release 2.04G may be used to perform file compression, if
required.
6
1.1.11
1.1.12
It ;s the Developer's responsibility to ensure that all drawing
changes occurring throughout the approval process are
incorporated into the digital submission.
qb~l
All line data depicting property boundaries must be mathematically
closed to form polygons.
The lines, which describe the boundary of all properties created
within the Plan of Subdivision, will be isolated on a unique
layer/level. In certain cases, some of the line segments will
coincide with the location of concession lot lines, registered plan
data, open roads, rivers, and lakes.
PLAN OF SUB layer/level will outline the property boundaries in the
form of enclosed polygons.
LA YERlLEVEL PLAN OF SUB
LINE TYPE CONTINUOUS
COLOUR YELLOW (2)
The text, which describes the property lot numbers for the Plan of
Subdivision, will be isolated on a unique layer/level. The lot number
will be inserted as descriptive text.
LA YERlLEVEL PL L T TEXT
FONT MONOTEXT
COLOUR YELLOW (2)
The digital files should contain enough site data as to allow for
horizontal and vertical positioning within the existing base mapping.
A minimum of two road intersections located outside the Plan of
Subdivision must be shown in the drawing.
It;s not necessary that the digital data be In Universal Transverse
Mercator (UTM) co-ordinates since the registration process will
automatically convert any unit grid to the Ontario Base Mapping
UTM Co-ordinate System".
To furnish the Township with a certificate with respect to each lot or
building block for which a Building Permit application is made,
certifying that the proposed construction is in conformity with the
General Location and Lot Grading Plan or with an approved
variation; (NOTE: That a Professional Engineer could also be
retained to provide the aforementioned and any cost incurred by the
Township will be the responsibility of the Developer or individual lot
owner).
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 General
location and Lot Grading Plan or with an approved variation
(NOTE: That a Professional Engineer could also be retained to
provide the afore-mentioned and any costs incurred by the
Township will be the responsibility of the Developer or Individual lot
owner).
7
NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar certificate as required under
1.1.11 and 1.1.12, but it may be provided by a Professional Engineer, other than
the Developer's Consulting Engineer. If the Township has their Engineer prepare
the Certificate, the cost of the work will be deducted from the final occupancy and
lot grading deposit and will become the responsibility of the individual lot owner.
C[b ~ q
1.2 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. Frank Reiss ~
123 Sheppard Avenue East
TORONTO, Ontario
M2N 6A3
R. J. Burnside and Associates Ltd.
3 Ronell Crescent
COLLINGWOOD, Ontario
L9Y 4J6
(416) 201-2225
(416) 512-7558 (FAX)
(705) 446-2399 (FAX)
In which case, notice shall be effective as of the time and date of successful
transmission thereof.
The Developer shall be responsible for notifying the Township Clerk, in writing, of
any change(s) in his principal place of business.
1.3 REGISTRATION
The Developer consents to the registration of the Subdivision Agreement by the
Township and at the sole discretion of the Township upon the title of the lands,
the registration expenses shall be included as a legal expense to the Developer.
1.4 VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of
signing this Agreement, the Township may, at its option, declare this Agreement
to be null and void.
1.5 MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event of him/they becoming the
Developer(s) of the lands under his/their mortgage by way of foreclosure,
purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall
be deemed to be postponed to this Agreement and any lands registered in the
name of the Township shall be free of the mortgage(s), and the mortgagee(s)
agrees to register a discharge of the mortgage(s) on those lands if called upon by
the Township, to do so, and he/they shall be subject to the terms of the
Agreement as though he/they had executed this Agreement in the capacity of the
Developer.
1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of him assigning or transferring the
mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the
terms hereof, in the same manner as if the assignee or transferor has executed
this Agreement.
8
1.7 LANDS FOR MUNICIPAL PURPOSES
Cib ~/6
The Developer agrees to grant good title in fee simple free and clear from all
encumbrances unto the Township, lands for municipal purposes other than
roads, which shall be mutually agreed upon by the Developer and the Township
or to make a cash payment in lieu thereof, as provided by Section 51.5 of the
Planning Act and required by the Township of Oro-Medonte. The Developer also
agrees to certify good title to lands by the Developer's solicitor. The deeds for
the said lands are to be approved by the Township's Solicitor and thereafter,
forthwith, registered and deposited with the Township Clerk. The Developer shall
pay the cost for preparation and registration of the said deed. The Developer
shall provide to the Township's solicitor, certification of good title, free and clear
from all encumbrances.
1.8 EASEMENTS
The Developer agrees to grant, at his expense, all such easements and
right-of-ways as may be required for the installation and supply of services to the
subdivision and to deed lands to the Township, as set out in Schedule "G". The
Developer also agrees to certify good title to easements and right-of-ways by the
Developer's solicitor. Prior to executing this Agreement, all known easements
shall be filed with 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.
1.9 HYDRO AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered Into a satisfactory
agreement(s) with them with respect to the costs of installing underground wiring
and financial contributions in this regard.
The cost of any relocations or revisions to existing private companies' plant and
equipment, which are necessary to accommodate this subdivision, shall be borne
by the Developer.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Developer agrees to advise all prospective purchasers that enrolment within
the designated public and catholic school sites in the community is not
guaranteed, and that pupils may be transported to/accommodated in temporary
facilities out of the neighbourhood schools' area.
This clause is to be placed in any Agreement of Purchase and Sale entered into
with respect to any lots on this Plan of Subdivision. The clause should remain in
perpetuity as lots may not be sold or built upon for some time.
1.11 CANADA POST
The Developer agrees to construct a site to the specifications and standards of
Canada Post and the Township, as required for the construction of mailboxes by
Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT
The Developer and each individual lot owner, agrees to comply with the
requirements and recommendations of the hydrogeologist's report prepared by
Ian D. Wilson Associates Limited, dated January 15, 1991.
9
1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS
qb~IJ
The Developer shall provide copies of Clauses. 1.1.11, 1,1.12 and Note of 1.1,
1.10,1.11,1.12,5.5,5.7.2,7.3,7.9,7.16,8.1,8.1.1, 8.2, 8,3, 8.4, 8.5, 9.8 and
Schedule "F", to each prospective purchaser of a lot(s).
1.14 SAVE HARMLESS
The Developer covenants and agrees with the Township, on behalf of itself, its
successors and assigns, to indemnify and save harmless the Township, its
servants and agents from and against any and a/l actions, suits, claims and
demands whatsoever, which may arise either directly or indirectly by reason of
any work performed by the provisions of this Agreement.
The Developer further covenants and agrees to release and forever discharge the
Township from and against all claims, demands, causes of actions, of every
nature and type whatsoever that may arise either as a result of the failure of the
Township to carry out any of its obligations under this Agreement, or, as a result
of the Township performing any municipal work on the said lands or the adjacent
properties which may damage or interfere with the works of the Developer,
provided that such default, failure or neglect was not caused as a result of
negligence on the part of the Township, its servants or agents.
1.15 ENUREMENT
This Agreement shall endure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
10
PART - 2
q b /IJ
THE LANDS, PLANS AND REPRESENTATIONS
2.1 SCOPE OF AGREEMENT
2.2 DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in Schedule "A"
hereto.
2.3 PLAN REFERENCE
For the purpose of this Agreement, references are made to the Plan of
Subdivision, attached hereto, as Schedule "B". Any further changes in the said
Plan, or any changes in the Conditions of Draft Approval issued by the Township
of Oro-Medonte, may necessitate a change in the provisions of this Agreement.
2.4 CONFORMITY WITH AGREEMENT
The Developer covenants and agrees that no work shall be performed on the
said lands except in conformity with:
2.4.1 The provisions of this Agreement, including the Schedules hereinafter
referred to.
2.4.2 The Plans and Specifications submitted to and accepted by the Township
as being within its design criteria including, without limiting the generality
of the foregoing, the Drawings listed in Schedule "CO of this Agreement.
along with the Storm Water Management Study prepared by Reid and
Associates (1994) Ltd., dated revised May, 2000.
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1
2.4.3.2
2.4.3.3
2.4.3.4
Ministry of the Environment
Township of Oro-Medonte
Ministry of Natural Resources
County of Simcoe
2.4.4 All applicable Township By-Laws, including any applicable Site Plan
Control By-Laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the
Federal Fisheries Act.
2.5 RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that
2.5.1 It has made representation to the Township that it will complete all
Municipal and other works required herein, in accordance with the Plans
filed and accepted by the Township and others, and;
2.5.2 The Township has entered into this Agreement in reliance upon those
representations.
2.6 SCHEDULES ATTACHED
The following Schedules are attached to and form part of this Agreement:
II
Schedule "A"
Schedule "B'
Schedule "C'
Schedule "D'
Schedule "E"
Schedule "F-
Schedule "G'
Schedule "H"
Schedule "I"
Sched ule " J"
Schedule "K"
2.7 SUBDIVISION CHANGES
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 andlor
Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Parkland
Declaration of Progress and Completion
General Location and Lot Grading Plans.
Standard Township Letter of Credit
n
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There shall be no changes in the Schedules attached hereto, or in any Plan
accepted by the Township or others, unless such proposed changes have been
submitted to. and approved by, the Township and the Township Engineer.
12
PART" 3
4D; /1
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1 Prior to the execution of this Subdivision Agreement by the Township, the
Developer shall:
3.1.1 Taxes - have paid all Township tax bills issued and outstanding against
the said lands.
3.1.2 Deeds and Easements - have delivered to the Township, all
transfers/deeds, discharges and easements or other documents required
by Schedule "G", as well as Certification from the Developer's solicitor that
the Transfer/Deeds and Easements shall provide the Township with good
title, free and clear from all encumbrances.
3.1.3 Postponement Mortgage/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits, Development Charges & Security - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D" & "F".
3.1.5 Construction/EnQineering Plans & Specifications - have supplied to the
Township, those Plans and Specifications necessary to identify the
construction/engineering aspects of the proposed development, and have
received from the Township an acknowledgment of conformity with
general design concepts of the Township.
3.1,6 Electricity - have supplied to the Township for approval, those plans
necessary to identify the electrical distribution system, lighting
requirements, and power supply to each lot or building or unit, as the case
may be, and these are to be to the required Township standards, which
includes underground wiring.
3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate
confirming those coverages specifically set out hereafter.
3.1.8 Consulting EnQinee~s Letter - ensure that each Consulting Engineer (who
must be experienced in the field of Municipal services) for the Developer,
file with the Township, a letter confirming the terms of his retainer, and
which letter shall be in draft format supplied by the Township.
3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical
Distribution Utility, Sell Telephone, the Natural Gas Utility, Cable T.V. and
Canada Post, to write a letter to the Township Clerk confirming that:
3.1.9.1 They have been informed of the project and have seen the
development plans.
3.1.9.2 Satisfactory arrangements have been made with them for
servicing the subdivision without expense or obligation on the part
of the Township.
3.1.9.3 Easement requirements, if any.
3.1.10 Land Ownership- be the registered owner in fee simple of the lands
described in Schedule "A", and that there will be no encumbrances
registered against the said lands.
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3.1.11 Approvals - obtain and file with the Township, confirmation approvals
from the following:
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3.1.11.1 Ministry of the Environment
3.1.11.2 Township of Oro-Medonte
3.1.11.3 Ministry of Natural Resources
3.1.11.4 County of Simcoe
3.1.11.5 Simcoe County District School Board
3.1.11.6 Simcoe Muskoka Catholic District School Board
3.1.12 lot Sizes - file with the Township, a certificate from an Ontario land
Surveyor confirming that the frontage and area of each lot meets the
minimum requirements of the Township Zoning By-law.
3.1.13 Community Mail Boxes - file with the Township, a Plan showing the
location of, and access to, community mail boxes.
3.1.14 Mylars - provide for registration, Mylars of all Plans incorporated into
this Agreement as Schedules.
3.1.15 Fire Chief Approval - obtain an approval from the Fire Chief of the
Township confirming and approving of the proposed plans for fire
protection, and specifying any hydrants, or other equipment, or
appurtenances required.
14
PART.4
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PRE.CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.1 Plan Registration
Obtain final approval of the Plan from the Township of Oro-Medonte and
obtain registration of the Plan.
4.1.2 Approval of Plans
The Developer and the Engineers employed by him shall have the plans
and specifications for the works approved by the Township Engineer prior
to construction and the originals must be stamped as accepted by the
Township Engineer.
Submit and obtain the Township Enginee~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;
ill) the service layout plan for Hydro, Telephone and Gas;
iv) the road and sewer plans and profiles.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Sewer Works, detention facilities and waterworks.
4.1.4 Contractor
The said services shall be installed by a contractor or contractors retained
by the Developer and approved, in writing, by the Township Engineer.
The Township and Township Engineer are to be provided with the names
and phone numbers of personnel responsible for the works, induding
emergency phone numbers.
4.1.5 Scheduling of Works
Prior to the start of construction, the Developer shall supply for the
Township Engineers, approval of 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 4.1.8.
4.1.6 Erosion and Siltation Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts, slopes, etc., both within the
subdivision and downstream prior to and during construction and upon
completion of servicing of the subdivision. Failing adequate precautions
being taken, the Developer shall be responsible for correcting any damage
and paying all maintenance costs resulting therefrom.
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A Storm Drainage and Siltation Control Plan shall be prepared by the
Develope~s Engineer for approval by the Township Engineer and the
Ministry of Natural Resources. Prior to any grading or construction
commencing on the site or final approval and registration of the
subdivision, the Developer's Engineer shall submit the Plan for approval
by the Township Engineer and the Ministry of Natural Resources. The
Plan shall detail the means whereby erosion and siltation and their effects
will be minimized on the site during and after the construction period. The
Developer agrees to carry out, or cause to be carried out, the work
approved in the Plan, and such work will be certified, in writing, by the
Develope~s Engineer and provided to the Township Engineer and the
Ministry of Natural Resources. The Developer agrees to maintain all
erosion and siltation control devices in good repair during construction.
4.1.7 Signs
Signs at least 1.2 metres by 1.8 metres shall be provided and erected by
the Developer at each entrance to the subdivision, at a location approved
by the Township Engineer, and the signs shall read as follows:
"ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK"
The signs shall be painted either orange or yellow with black lettering.
These signs shall be installed prior to the commencement of construction
and be removed after the issuance of the Certificate of Substantial
Completion and Acceptance (Aboveground Services).
4.1.8 Notification of Commencement and Completion
The Developer shall not commence the construction of any of the works
until the Developer has provided forty-eight (48) hours written notice to the
Township Engineer, of his intent to commence work.
The Developer shall complete the works expeditiously and continuously
for the first phase and all underground services shall be installed within
one year of the day of registration of this Agreement, and all aboveground
services shall be installed in accordance with the Declaration of Progress
and Completion, as required under Clause 7.11 of this Agreement, but no
longer than two years from the date of registration of this Agreement,
unless extended by the Township Engineer. Subsequent phase shall be
completed within a one (1) year time frame for underground services and
two (2) years for aboveground services from date of commencement.
Should for any reason there be a cessation or Interruption of construction,
the Developer shall provide forty-eight (48) hours written notice to the
Township Engineer before work is resumed;
If the municipal services to be constructed by the Developer under this
Agreement are not completed and accepted by the Township within the
above time frame, the Township may either;
a) Give notice to the Developer to stop work on the said municipal
services and to provide that no further work shall be done with respect
to such services, until an amending Agreement, incorporating the
standards, specifications and financial requirements of the Township,
in effect as of that date, is executed by all parties; or
b) Give notice to the Developer to stop work on the municipal services
and inform the Developer that the Township proposes to realize on its
security and proceed with the completion of construction in accordance
with the provisions of the Plans filed with the Township.
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4.2 BREACH OF AGREEMENT
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If the Developer commences or causes construction of the works prior to
satisfying the requirement of this Agreement, it shall be subject to the penalties
identified in Part 10.
17
PART. 5
40 ~ Jq
FINANCIAL REQUIREMENTS
5.1 DEVELOPER'S EXPENSE
Every provision of this Agreement, by which the Developer is obligated in any
way, shall be deemed to include the words "at the expense of the Developer"
unless specifically stated otherwise.
5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS
The Developer agrees to pay to the Township, the cost of the Township's lawyer
and Planner for all costs involved in processing the subdivision and of the
Township's 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 deemed necessary by the
Township. In this regard, the Developer agrees to pay to the Township, the sum
of Four Thousand Five Hundred Dollars ($4,500.00) 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. In the event that
the deposit is drawn down to a level of Two Thousand Dollars ($2,000.00), or
less, and the Developer does not pay the accounts within thirty (30) days, it is
hereby understood and agreed that the Developer would be in default of this
Agreement and the Township may, without notice, invoke default provisions as
set out in this Agreement.
5.3 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 Developer.
5.4 UTILITY COSTS AND CHARGES
The Developer shall deal directly with all Utilities Commissions and companies.
He or his Consulting Engineer shall obtain all approvals and permits and pay all
fees and utility charges directly to the Utility until the Certificate of Maintenance
and Final Acceptance (Underground Services) is issued.
If an additional electrical service Is required for Township purposes, the
Developer shall include the cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES
AND IMPOSTS
a) Development charges and education development charges shall be
payable on a per-lot basis prior to the issuance of the first Building Permit
with respect to the particular tot.
b) The Developer agrees to pay for all arrears of taxes or other Township or
provincial charges, taxes or levies outstanding against the property herein
described before the approval of the said Plan is obtained. The Developer
further undertakes and agrees to pay taxes levied on the said lands, on
the basis and in accordance with assessment and collector's roll entries
until such time as the lands herein being subdivided have been assessed
and entered on the Collector's Roll according to the Registered Plan.
18
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 and
the local Improvements Act at present serving this property and assessed
against it.
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These charges are set out in Schedule "F" of this Agreement.
NOTE:
In addition to the Municipal development charges, the lots may be
subject to County development charges and applicable
development charges of any Public Utility Commission.
5.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer will deposit with the
Treasurer of the Township to cover the faithful performance of the contract for the
installation of the said services and the payment of all obligations arising
thereunder, the following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost
of the said work as approved by the Township Engineer and Township
Council, or:
b) An irrevocable letter of Credit from a Chartered Bank, issued in
accordance with the requirements of Schedule "K" with an automatic
renewal clause, in the amount of one hundred percent (100%) 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.
c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the
estimated cost of the works, as set out in Schedule "0", 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
altemative 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.
In the event that the tendered contract price for the Township services set
out in Schedule "0" is greater by 10% than the estimates in the said
Schedules, then the security provided for above shall be increased to an
amount equal to the tendered contract price.
19
d)
Application - any Letter of Credit or security filed with the Township Is based
upon the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and security received by the
Township may be used as security for any item or any other matter, which
under the terms of this Agreement, is the responsibility of the Developer,
including, without limiting the generality of the foregoing, payment of
engineering, legal, planning, and development charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under the terms of this Subdivision Agreement, as well as development
charges and costs to acquire lands or interest therein.
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e)
Default - if, in the event of default of the Developer under any of the
provisions of this Agreement, it becomes necessary for the Township to
realize on its security or deposits, then the Township (its servants, agents or
sub-contractors) shall, if the Township so elects, have the right and privilege
at all times to enter upon the said lands for the purpose of repairing or
completing any work or services required to be completed by the Developer
under this Agreement.
f)
ExceedinQ Cost Estimates - if the costs of completing such work or service
exceeds the amount of security held by the Township, such excess shall be
paid by the Developer to the Township, thirty (30) days after invoicing by the
Township. All overdue accounts shall bear interest at the rate of 12% per
annum.
g)
Save Harmless - the Developer, on behalf of itseif, its successors and
assigns, agrees to indemnify and save harmless the Township from and
against any and all claims, suits, actions and demands whatsoever which
may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to
complete the work or services required to be completed under this
Agreement, provided the subject matter of such action, suits, claims or
demands was not caused intentionally or through gross negligence on the
part of the Township, its servants or agents or sub-contractors.
h)
The Construction lien Act - if the Township becomes obligated to make any
payments, or pay any costs under the provisions of Section 17(4) of the
Construction lien Act. this will constitute a default and entitle the Township
to realize upon its security.
i)
Surplus Funds - in the event that the Township cashes a Letter of Credit to
complete Township services or satisfy any obligations under this
Agreement, any surplus monies that remain after this work is completed
shall, upon full compliance by the Developer with the terms of this
Agreement, be returned to the issuing financial Institution for transmission to
that party that took out the original Letter of Credit.
5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the
services based on the total estimated cost of works in the subdivision or in
an approved stage of the subdivision, and provided the Developer is in
compliance with all aspects of the Subdivision Agreement, the Developer
shall, as the work further proceeds to completion, have the privilege, on
application to the Township and upon certification of the Township
Engineer, of obtaining reductions 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 reduction of the 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 completed work estimate and the
remainder released. A further ten percent (10%) ofthe completed work
20
estimate will be released upon satisfactory assurance to the Township that
there are no liens pursuant to the Construction lien Act affecting lands
conveyed or to be conveyed to the Township within the Plan of Subdivision,
pursuant to the terms of this Subdivision Agreement.
f[b' PI ')
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5.7.2 Final Occupancy and Lot Gradinl'] Deposit - the Developer shall deposit with
the Township, the required Final Occupancy and Lot Grading Deposit at a
rate applicable at the time of the issuance of Building Permits. Upon
certification of final grade elevations indicating that the property has been
developed in conformity with the General Location and Lot Grading Plan by
a certified Engineer and approved by the Township Engineer, the balance of
the deposit shall be returned.
5.8 STATUTORY DECLARATION OF ACCOUNTS PAID
The Developer agrees that upon applying for a Discharge of Securities or for a
Certificate of Substantial Completion and Acceptance, or for a Certificate of
Maintenance and Final Acceptance for the services within the subdivision, or
upon applying for prior acceptance of the 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 hold backs, 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.
5.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges,
expenses or obligations of the Developer under the provisions of this Subdivision
Agreement all of its right, title and interest in the said lands, and consents to the
registration of this Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on
or prior to the execution of the Agreement, an insurance certificate with
an insurance company satisfactory to the Township, (which said approval
shall not be unreasonably withheld or delayed), and insuring for the joint
benefit of the Developer, their agents and the Township and their agents,
against any liability that may arise out of the construction or installation of
any work to be performed pursuant to this Agreement and for a period of
one (1) year after completion and acceptance of the Township services
to be constructed herein.
5.10.2 Comprehensive General Liability - such policy shall carry limits of
liability in the amount to be specified by the Township, but in no event
shall it be less than Five Million Dollars ($5,000,000.00) inclusive
comprehensive general liability and such policy shall contain:
a) a cross-liability clause;
b) producVcompleted operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required to be done shall be done by an independent
contractor duly qualified to do such work;
d) shall include the following names as insureds:
(i) THE CORPORA nON OF THE TOWNSHIP OF ORO.MEDONTE
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days in advance of any
cancellation or expiry of the said insurance policy.
21
5.10.4 Certificate of Coverage - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
includes (a), (b), (c) and (d) above and are in effect.
'vlUij _ ') '2
; vJ
5.10.5 Confirmation of Premium Payment - the Developer shall, from time to
time as required by the Township, provide confirmation that all premiums
on such policy or policies insurance have been paid, and that the
insurance is in full force and effect. The Developer shall see that a copy
of the policy is filed with the Township.
5.10.6 Claim in Excess of Policy Umits - the issuance of such policy of
insurance shall not be construed as relieving the Developer from
responsibility for other or larger claims, if any, and for which it may be
held responsible.
22
PART-6
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STAGING OR PHASING
6.1 STAGING OR PHASING
The Township, in its sole discretion, may instruct the Developer to construct the
services in particular stages or phases suitable to the Township, and the
Developer must comply on terms to be agreed to by the Township. If the
Township does not so instruct, the Developer, before commencement of any
work, may request the Township's permission to divide the area of the
subdivision into convenient 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 5.6 for one hundred percent (100%) 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
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 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 and Occupancy Permits have been
issued. The Developer shall be responsible for the maintenance of the services
in this case until the Township has assumed the responsibility of the services.
This subdivision is to be developed in Phases, Phase II consisting of seventy-
seven (77) lots, as follows:
. Lot 22, Plan 51 M-696
. lots 25-100, Plan 51M-696
and modifications to the existing Township pump house. Fourteen (14) Building
Permits will be issued for Phase II, prior to the completion of the required
upgrades to the Township pumphouse.
The upgrades must be completed and certified by the Township Engineer, prior
to the issuance of the fifteenth (15th) Building Permit.
23
PART.7
/l
Ut-.,
IU
CONSTRUCTION REQUIREMENTS
7.1 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.
7.2 CONSTRUCTION OF WORKS
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.
7.3 PRESERVATION AND PLANTING OF TREES
7.3.1 The Developer must preserve all healthy 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.
7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a
minimum of 50 mm caliper on each lot having less than three (3) trees In
the front yard(s), if required by the Township. The type of trees must be
satisfactory to the Township.
7.3.3 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.
7.4 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 or Municipal lands, without the written
consent of the Township Engineer.
24
7.5 BLASTING
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Before any blasling is proceeded with by the Developer, the Developer shall
obtain from the Township Engineer or Township Public Works Official, 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.
7.6 ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable
to the Township Engineer and Township Public Works Official during the time of
construction, including dust control and the removal of any mud or debris tracked
from the subdivision, and no roadway outside the limits of the proposed
subdivision may be closed without the written consent of the Township Public
Works Official. For the purpose of getting such consent, the Developer shall
advise the Township Public Works Official 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.
7.7 DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, road
allowance or existing structure or plant located on the road allowance as a result
of the subdivision development and shall pay for any costs involved in the
relocation of existing services, such as hydrants, telephone poles, etc.. which
may become necessary because of the development of the subdivision. In this
regard, the Developer's Engineer shall arrange for an inspection with the
Township Public Works Official and Township Engineer for the purpose of
compiling an inventory of existing conditions prior to work on the subdivision.
Otherwise, the Township Public Works Official's assessment of conditions prior to
construction will be final.
7.8 DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground
Works) has been issued, the Developer shall apply calcium to the roads within
the subdivision and/or utilized by construction traffic, in quantities sufficient to
prevent any dust problem to traffic or home occupants, to the satisfaction of the
Township Engineers.
If the Developer has not taken remedial action within twenty-four (24) hours of
receiving a written notification (via facsimile) from the Township's Engineer
regarding a dust control problem, then the Township's Engineer, at their sole
discretion, shall employ outside forces to implement, at the Developer's expense,
a suitable measure of dust control.
7.9 CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must be
disposed of in an orderly and sanitary fashion by the Developer, off the site of the
subdivision, at a licensed landfill site. The Township is not responsible for the
removal or disposal of refuse, garbage and debris. Open air burning is not
permitted by the Township. The Developer agrees to deliver a copy of this
clause to each and every builder obtaining a Building Permit for any lot or part of
a lot on the said Plan of Subdivision.
25
7.10 INSPECTION OF CONSTRUCTION OF SERVICES
qb -/)7
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.
7.11 DECLARATION OF PROGRESS AND COMPLETION
7.11.1 Prior to the approval of the underground services, 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 agrees to complete the services.
7.11.2 It is understood and agreed that should the Developer fail to construct
the remaining services, as stipulated, and by such dates as provided in
the Declaration, the Developer shall pay to the Township, as pre-
determined liquidated damages, the sum of 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.
7.12 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 4.1.5. 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, 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.
26
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.
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7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the electricity and street lighting, sewer system, detention pond
and waterworks will be constructed, inspected and approved prior to the
completion of the other works, including roads and boulevards.
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal 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 maintenance, and all repairs for the services noted in the
Certificate.
If, during the two (2) year maintenance period, the Developer fails to carry out
rectification and repairwork as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Develope~s securities, as set out under Clause 9.3.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services, in this case, until the Township has assumed the
responsibility of the services.
7.14 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any time, or
from time to time for the purpose of making emergency repairs to any of the
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.
7.15 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
I. The works may be used prior to acceptance by the Township or other
authorized persons for the purpose for which such works are designed.
II. Such use shall not be deemed an acceptance of the works by the Township,
and;
III. Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the works so used.
7.16 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 E99009 -lG 1-12, prepared
by the Develope~s Engineer, and approved by the Township Engineer and the
Township of Oro-Medonte. Some fill and regrading of iots may be necessary
27
during or after building construction. The Grading Plan shall show all existing
and final grades on lot corners, as well as mid-lot elevations, where deemed
necessary by the Township Engineer.
1h -if!
It is understood and agreed by the parties hereto that drainage of surface water
on the lots and blocks on the Plan is the sole responsibility of the respective lot
owners once the required drainage works have been constructed by the
Developer.
The storm swales shall be landscaped and maintained by all subsequent lot
owners. The purpose of the storm swales is to accommodate storm drainage
waters from the subject lot and adjacent lands. No lot owner in the subdivision
shall encumber or Impede storm drainage in any manner whatsoever. In the
event that the Developer, or any subsequent lot owner, obstructs, impedes, or
interferes with the storm drainage flow through any part of the storm swale, or
interferes with the acceptance of water from any connecting swales, then the
Township shall have the right, if it so elects, to enter upon the subject lands to
rectify such problems so that the swales can serve their original purpose.
Within the swale area, the Deveioper, and any subsequent Jot owner, shall not
construct any works, remove, or permit to be removed, any soil from the said
swalefeasement, excavate, drill, install, erect, or permit to be excavated, drilled,
installed or erected in, over, upon, under or through the said swale/easement,
any fence, well, foundation, pavement, building or other structure or other
installation.
The lot owner of any lot in the subdivision upon which the Township elects to
enter for the purpose of rectifying the said work, hereby agrees to indemnify and
release the Township from and against all claims, demands, actions or causes of
action whatsoever arising as a result of the Township or of its servants or agents
entering upon the lands for the purpose of correcting drainage problems. The
cost of such work will be for the account of the lot owner. Any invoices not paid
within thirty (30) days after the due date, shall be added to the tax roll and
collected in a like manner as realty taxes, as per Section 326 of the Municipal
Act.
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.
Generally, the drainage facilities wili consist of open ditches within the
subdivision or storm sewers in certain locations to provide a satisfactory drainage
outlet, and will be in accordance with the Drainage Plan E99009 -lG 1-12,
prepared by the Developer's Engineer, and approved by the Township Engineer
and the Township of Oro-Medonte.
7.17 PARKLAND WORKS
All parkland works indicated on the Park Development Plan are to be constructed
in accordance with Section 14 - Park Requirements of the Township of Oro-
Medonte Engineering Standards and Drawings.
At least one of the two parks are to be buill in Phase II, prior to the issuance of
25% of the total Building Permits in Phase II. The second park is to be
completed prior to the issuance of 50% of the total Building Permits in the
subdivision.
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7.18 DEFINITIONS
qhJD
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage works
(including culverts, storm sewer, detention pond and waterworks),
underground electrical distribution system, and street lighting serving the
Plan of Subdivision, as more particulariy described in Schedule "CO to this
Subdivision Agreement.
(ii) The term "Certificate of Substantial Completion and Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
provisions of this Subdivision Agreement, as more particularly identified in
Schedule "CO, have been substantially completed in accordance with plans
and specifications reviewed and accepled by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Municipal Underground Services) shall not constitute an assumption of the
Municipat Underground Services by the Township.
(iii) The term "Certificate of Maintenance and Final Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services constructed by the Developer, In
accordance with the terms of this Subdivision Agreement, and as more
particularly identified in Schedule -C-, have been satisfactorily completed
and maintained by the Developer during the two-year (2) maintenance
period, and issuance of the said Certificate shall constitute final acceptance
and assumption of the Municipal Underground Services by the Township.
(iv) The term "Aboveground Services" shall mean all Municipal services to be
constructed by the Developer pursuant to the terms of this Subdivision
Agreement, as more particularly identified in Schedule "CO, excluding
Underground Services.
(v) The term "Certificate of Substantial Completion and Acceptance
(Aboveground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Aboveground Services to be installed by the Developer under the provisions
of this Subdivision Agreement, as more particularly identified in Schedule
-C", have been substantially completed, in accordance with plans and
specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Aboveground Services) shall constitute an assumption of the Aboveground
Services by the Township for winter maintenance only.
(vi) The term -Certificate of Maintenance and Final Acceptance (Aboveground
Services)" shall mean a Certificate issued by the Township upon the
recommendation of the Township Engineer confirming that the
Aboveground Services constructed by the Developer in accordance with the
terms of this Subdivision Agreement, and as more particularly identified In
Schedule "C", have been satisfactorily completed and maintained by the
Developer during the two-year (2) maintenance period, and issuance of the
said Certificate shall constitute final acceptance and assumption of the
Aboveground Services by the Township.
(vii) The term "Certificate of Substantial Completion and Acceptance" means a
Certificate of Substantial Completion and Acceptance (Municipal
Underground Services) or a Certificate of Substantial Completion and
Acceptance (Aboveground Services), as the provisions of this Subdivision
Agreement require.
29
(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) or a Certificate of Maintenance and Final Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement
require.
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30
PART-8
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BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE SEWAGE 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 a Sewage System Permit approval has been received for the land
in question.
The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township of Oro-Medonte and the Township Engineer, as a
further requirement to Clause 7.16. 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, size and elevation of the subsurface
sewage system on each lot and all pertinent engineering design criteria.
c) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
d) existing and proposed grades on lot corners and mid-lot elevation.
e) location and type of proposed water.
8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed
Site Development Plan for each lot may be required to be prepared by a
Professional Engineer registered with the Association of Professional Engineers
of Ontario, experienced in private sewage system design, for approval by the
Township Engineer, prior to the issuance of a Sewage System Permit for each
respective lot. Site Development Plans, which conform to the overall Lot
Development Plan at an approved metric scale using metric dimensions and
elevations, 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 lot(s).
b) the location, size and elevation of the sewage system, all engineering design
criteria and standards pertaining thereto, shall be provided.
c) the location and type of water well, including the water 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 check the elevations of the
footings of the buildings prior to further construction to ensure conformity with
the approved Plans noted above.
g) the Professional Engineer will be required, prior to the issuance of a Final
Inspection Report, to certify to the Township of Oro-Medonte, in writing, that
the foregoing works have been carried out in accordance with the approved
Plans noted above.
3J
8.1.2 The Developer agrees that lots within the subdivision are low-lying, influenced by
high water table and by poor drainage.
/'
L1D :33
These lots will require careful drainage control and filling to eliminate standing
water, in addition to any fill required for sewage disposal works.
When filling lots to the proposed Drainage Plan, the following shall be
implemented:
a) The area of the proposed sewage system should first be stripped of topsoil
and significantly organic soils, that may constrain the movement of water
downward.
b) Imported fill should be clean and suitable for sewage system use and should
not contain any stumps, brush, rock or discarded material from road
construction or lot clearing.
c) Enough fill should be placed to accommodate the Drainage Plan, as well as
crowning, to positively shed rainwater. A 1% grade is not considered
sufficient for this purpose. Any fill required for sewage disposal would be in
addition.
d) The amount of fill required for drainage control should be determined after
roads and drainage ditches, swales and culverts are in place.
Final lot elevations shown on the approved plans are minimums and may be
increased based on site-specific conditions.
Sewage systems for each lot will be assessed individually on site-specific
conditions, including test hole data and estimates of "to. Sewage system
elevations shown on the approved plans are minimums and may be Increased
after site assessment.
Lots 28, 29, 36, 37, 74, 75, 91 and 92 are considered lots requiring special
attention as listed in Schedule "E". As road and drainage control works are
completed, additional lots may be found to require special attention.
Lot filling, grading and sewage disposal systems for each of the lots mentioned
above should be assessed, designed and certified, upon completion by a
Professional Engineer.
The Developer further agrees to construct all works required under Clause 7.16
and as shown on the approved General Location and Lot Grading Plans, Stonn
Drainage Area Plan and Erosion Control Plan, all prepared by R. Bouwmesster
and Associates, to the satisfaction of the Township of Oro-Medonte and
Township Engineer.
The Developer further agrees to advise all prospective lot owners of the
requirement that it may be necessary for the sewage system to be installed prior
to construction of the home, subsequent to the issuance of a Sewage System
Pennit.
8.2 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 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 Chief
Building Official may refuse any application until:
32
(i)
Township of Oro-Medonte sewage approvais and Ministry of the
Environment approvals have been obtained and submitted to the
Township. The Township of Oro-Medonte sewage approval requirements
are set outin Clauses 7.16 and 8.1.
a () , 1J
IV 0 I
(iI) The Storm Water Management System and Waterworks have been
installed. tested and approved by the Township Engineer and he has
Issued his Certificate of Substantial Completion and Acceptance
(Municipal Underground Services).
(iiI) Plans for remaining underground services, such as Bell Telephone,
Electricity or Natural Gas, have been approved.
(iv) A "Builders. road consisting of the grading. curb and gutter or ditch
shaping and full depth of Granular "B" sub-base. has been constructed on
the road providing access to the lot.
(v) 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.
(vi) Signs denoting "Unassumed Roads" have been installed at the entrances
to the subdivision in a location acceptable to the Township, in accordance
with Clause 4.1.7.
(vii) A Certificate letter and lot Development Plan has been given by the
Develope~s Consulting Engineer or a Professional Engineer registered
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 General location and
lot Grading Plans, 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 the issuance of a Building Permit.
(viii) All dead trees within the limit of the Plan have been removed.
ix) Arrangements have been made and approved by the Township for
Municipal Address System numbering, as set out in Clause 8.4.
(x) The parkland must be completed to the satisfaction of the Township. as
per Section 7.17.
(xi) The Traffic and Street Name signs have been installed and approved by
the Township Engineer.
(xii) Any development charges have been paid, in full, In accordance with the
applicable development charge By-laws. enacted pursuant to the
Development Charqes Act. 1997. as well as By-laws enacted pursuant to
Section 257.53 of the Education Act, or alternate arrangement satisfactory
to the body enacting the development charge By-law, have been made
and the same has been communicated to the Chief Building Official for the
Township of Oro-Medonte. in writing, by such a body.
8.3 lOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL
ATTENTION
Any lot, which will require special attention in order to be serviced. will be listed
on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for
any lot listed in Schedule "E-. the Develope~s Engineer must submit a letter to
33
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.
/.~,
1b95
8.4 MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address system
numbers for each and every lot from the Municipal Office. As a further
requirement, in order to obtain a Provisional Certificate of Occupancy, the
Developer andlor builder or lot owner shall install the aforementioned number at
a location approved by the Township. The Developer agrees to provide a copy of
this clause to each and every builder or lot owner in advance of the sale of such
lot(s).
8.5 REQUIREMENTS FOR OCCUPANCY
8.5.1 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.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued
to allow occupancy of a building.
8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
(i) The roadway has received the granular road base materials full
depth and the base course of asphalt, provided asphalt is
commercially available.
(il) The underground hydro, telephone lines, gas mains and street
lights have been installed and approved by the Township Engineer.
(iii) A Certificate Letter and Individual 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 General Location and Lot
Grading Plans, 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 the issuance of a
FINAL CERTIFICATE OF OCCUPANCY.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued
when all outstanding items on a Provisional Certificate of
Occupancy, including grading, have been completed.
(iv) Driveway culvert and end protection has been provided to the
satisfaction of the Township, in accordance with the Township's
Road Occupancy Permil.
(v) The trees have been planted on the lot by the Developer in
accordance with Clause 7.3.
(vi) Any deficiencies on a Provisional Certificate of Occupancy has
been complied with. It is agreed that a copy of Part 8 shall be
delivered by the Developer to each and every builder obtaining a
Builder's Permit or any prospective purchaser of the dwelling for
any lot or part of a lot on the said Plan.
34
8.6 OCCUPANCY LIQUIDATED DAMAGES
qb-Jio
Notwithstanding the abo.~if for any reason whatsoever, occupancy of any
building occurs before the vital services listed in Clause 8.5 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 One
Hundred Dollars ($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
satisfactoriiy 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.
35
/---,
PART.9
C1D ~J7
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the underground
services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance (Municipal Underground Services) be issued. It should be noted that
the Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) can be applied for by the Developer two (2) years after the receipt of
the Certificate of Substantial Completion and Acceptance (Municipal
Underground Services).
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services in this case until the Township has assumed the
responsibility of the services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
When all of the services have been completed, including the surface lift of
asphalt in accordance with this Agreement or in a particular stage, the Township
Engineer and Public Works Official shall make an inspection to ensure that the
Township will accept the road system. The Township Engineer shall issue a
Certificate of Substantial Completion and Acceptance (Aboveground Services)
when the works are accepted by the Township. This Certificate may contain a
list of minor deficiencies, which have to be corrected by the Developer, but which
are not considered of sufficient importance to delay the issuance of the
Certificate and the acceptance of the services by the Township. The two (2) year
maintenance period will commence when the Township Council approves the
issuance of the Certificate.
9.3 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 the Township
Council approves the Certificate of Substantial Completion and Acceptance. This
shall be called the Maintenance Period. The maintenance shall include the
maintaining and mowing of grass within the road allowances, as well as the
parkland area and detention pond, on a regular basis. If the Township is
requested to carry out this maintenance, the Developer shall pay all charges to
the Township.
If, during this period, the Developer fails to carry out maintenance work within
forty-eight (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 (10%) 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
36
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.
qb;31
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services in this
case until the Township has assumed the responsibility of services.
9.4 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 winter control, which
operation will be the Township's responsibility after the issuance of the Certificate
of Substantial Completion and Acceptance (Aboveground Services). Winter
control shall include snow plowing, sanding and any other winter maintenance
operations. It is agreed by the Developer that the winter control operations shall
not prejudice the Township's rights to enforce the maintenance provisions. Prior
to the issuance of the Certificate of Substantial Completion and Acceptance
(Aboveground Services) however, the Developer shall be responsible for the
winter control also. In the event that proper vehicular access or winter control is
not provided by the Developer, the Township, through its servants, contractors,
or agents, may provide without notice to the Developer. Such winter control shall
be only carried out at times deemed to be an emergency by the Public Works
Official. 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 cost of such works to be at the following rates:
Machinery and Equipment
labour
Mixed Sand and Salt
Payroll Burden - 41 %
Administration 7%
G.S.T. - 7%
$40.00/hr.
$20.00Ihr.
$12.00fm'
The Township may adjust these rates from time to time.
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 any way 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 winter control, may damage or interfere with the
works of the Developer and covenanls 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.
9.5 REPLACEMENT OF SURVEY BARS
Prior to the final acceptance of the subdivision by the Township, the Developer
agrees to supply a statement from an Ontano land Surveyor approved by the
Township that after the completion of the subdivision work, he has found or
replaced all survey monuments, standard iron bars and iron bars shown on the
registered plan. The statement must be dated within two months of the date of
acceptance.
37
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
CjbJ9
Upon receipt of the Develope~s request for a final inspection of the Aboveground
Services, 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.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services, in this
case, until the Township has assumed the responsibility of the services.
9.7 RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the
requisite public services to the lands, shall be entiIled to an effective release In a
form suitable for registration In the Land Registry Office for each lot or block,
which is in conformity with the overall Grading Plan for the lands or such variance
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 9.8 and the
completion and maintenance of the services.
9.8 DRAINAGE. RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT
OWNERS
It is understood and agreed that the drainage of surface waters upon and from the
said lands shall remain the sole responsibility of the Developer and the subsequent
owners, from time to time. of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from the said lands in accordance with the provisions of
Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.16 to each and every prospective
builder/prospective purchaser of a lot or block within the Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within the Plan
of Subdivision upon which the Township elects to enter for the purpose of rectifying
the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a
result of the Township or of its servants or agents entering upon the lands for the
purpose of correcting drainage problems. The cost of such work will be for the
account of the Developer and/or subsequent lot owner. Any invoices not paid
within thirty (30) days after due date, shall be added to the tax roll and collected in
a like manner as realty taxes as per Section 326 of the Municipal Act.
38
PART -10 . DEFAULT PROVISIONS
qfJfj 6
10.1 DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement,
and in addition to any other remedies, when the Developer is deemed by the
Township to be in default of this Agreement, Ihe Township reserves the right to
realize upon any securities deposited on or on behalf of the Developer to recover
costs incurred by the Township, in accordance with the provisions of Section 5.6 of
this Subdivision Agreement, andlor to restrict or refuse Issuance of Building andlor
Occupancy Permits, and the Developer agrees not to apply for any Building
Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until
such time as the Developer is in full compliance with the provisions of this
Subdivision Agreement.
10.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and ensure to the benefit of the parties
hereto and their respective heirs, executors, administrators and assigns.
10.3 SUBSTITUTION FOR APPROVALS
Wherein this Agreement reference is made to any named Ministry of the Province,
Township of Oro-Medonte or other public body, such reference where the same
requires their approval, is deemed to be a reference to any other Ministry or body
as may be substituted by legislative change or policy of the Provincial Government
or of the Township.
10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHtP
The Developer further agrees that all costs, charges or expenses incurred by the
Township in satisfying the obligations of the Developer In the event of default of the
Developer under the terms of this Subdivision Agreement, together with any costs,
charges or expenses incurred by the Township in enforcing the obligations of the
Developer under this Agreement, shall be a first charge or lien against the said
lands in accordance with the provisions of Section 326 of the Municipal Act.
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 ANO DELIVERED this
day of
A.O. 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
Title J. Neil Craig, Mayor
Per
Title Marilyn Pennycook, Clerk
OWNER'S NAME
Per ~"?~
Title Frank Reiss, President
Has the Authority to Bind the Corporation
39
SCHEDULE "A"
16 ~41
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LTD., PHASE II.
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in
the Township of Oro.Medonte (formerly Township of Oro), in the County of Simcoe, and
being composed of the whole of the lands described as follows:
Lot 22, Being all of PIN #58552-0188
Lot 25, Being all of PIN #58552-0191
Lot 26, Being all of PIN #58552-0192
Lot 27, Being all of PIN #58552-0193
Lot 28, Being all of PIN #58552-0194
Lot 29, Being all of PIN #58552-0195
Lot 30, Being all of PIN #58552-0196
Lot 31, Being all of PIN #58552-0197
Lot 32, Being all of PIN #58552-0198
Lot 33, Being all of PIN #58552-0199
Lot 34, Being all of PIN #58552-0200
Lot 35, Being all of PIN #58552-0201
Lot 36, Being all of PIN #58552-0202
Lot 37, Being all of PIN #58552-0203
Lot 38, Being all of PIN #58552-0204
Lot 39, Being all of PIN #58552-0205
Lot 40, Being all of PIN #58552-0206
Lot 41, Being all of PIN #58552-0207
Lot 42, Being all of PIN #58552-0208
Lot 43, Being all of PIN #58552-0209
Lot 44, Being all of PIN #58552-0210
Lot 45, Being all of PIN #58552-0211
Lot 46, Being all of PIN #58552-0212
Lot 47, Being all of PIN #58552-0213
Lot 48, Being all of PIN #58552-0214
Lot 49, Being all of PIN #58552-0215
Lot 50, Being all of PIN #58552-0216
Lot 51, Being all of PIN #58552-0217
Lot 52, Being all of PIN #58552-0218
Lot 53, Being all of PIN #58552-0219
Lot 54, Being all of PIN #58552-0220
Lot 55, Being all of PIN #58552.0221
Lot 56, Being all of PIN #58552-0222
Lot 57, Being all of PIN #58552-0223
Lot 58, Being all of PIN #58552-0224
Lot 59, Being all of PIN #58552-0225
Lot 60, Being all of PIN #58552-0226
Lot 61, Being all of PIN #58552-0227
Lot 62, Being all of PIN #58552-0228
Lot 63, Being all of PIN #58552-0229
Lot 64, Being all of PIN #58552-0230
40
SCHEDULE "A" (cont'd.)
~~
II 110
(~l 0 "4rA
,
Lot 65, Being all of PIN #58552-0231
Lot 66, Being all of PIN #58552-0232
Lot 67, Being all of PIN #58552-0233
Lot 68, Being all of PIN #58552-0234
Lot 69, Being all of PIN #58552-0235
Lot 70, Being all of PIN #58552-0236
Lot 71, Being all of PIN #58552-0237
Lot 72, Being all of PIN #58552-0238
Lot 73, Being all of PIN #58552-0239
Lot 74, Being all of PIN #58552-0240
Lot 75, Being all of PIN #58552-0241
Lot 76, Being all of PIN #58552-0242
Lot 77, Being all of PIN #58552-0243
Lot 78, Being all of PIN #58552-0244
Lot 79, Being all of PIN #58552-0245
Lot 80, Being all of PIN #58552-0246
Lot 81, Bein9 all of PIN #58552-0247
Lot 82, Being all of PIN #58552-0248
Lot 83, Being all of PIN #58552-0249
Lot 84, Bein9 all of PIN #58552-0250
Lot 85, Being all of PIN #58552-0251
Lot 86, Being all of PIN #58552-0252
Lot 87, Being all of PIN #58552-0253
Lot 88, Being all of PIN #58552-0254
Lot 89, Being all of PIN #58552-0255
Lot 90, Being all of PIN #58552-0256
Lot 91, Being all of PIN #58552-0257
Lot 92, Being all of PIN #58552-0258
Lot 93, Being all of PIN #58552-0259
Lot 94, Being all of PIN #58552-0260
Lot 95, Being all of PIN #58552-0261
Lot 96, Being all of PIN #58552-0262
Lot 97, Being all of PIN #58552-0263
Lot 98, Being all of PIN #58552-0264
Lot 99, Being all of PIN #58552-0265
Lot 100, Being all of PIN #58552-0266
ALL ON PLAN 51M-696
ALL IN THE TOWNSHIP OF ORO-MEDONTE
(FORMERLY TOWNSHIP OF ORO)
COUNTY OF SIMCOE
41
NOTE:
SCHEDULE "6"
Qb.4j
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO.MEDONTE
AND ARBOURWOOD ESTATES LTD., PHASE II.
51 M-696
PLAN OF SUBDIVISION
42
SCHEDULE "C"
1h-44
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LTD., PHASE II.
WORKS TO BE CONSTRUCTED
Complete roadway construction, including excavation, granular roadbed
materials, curb and gutter, as required, two lifts of asphalt, topsoil and
seeded boulevards with sod and erosion control measures, as required;
Storm drainage works, inctuding ditches, culverts, storm sewer and
detention pond;
Waterworks, including pumphouse upgrades and water storage (prepared
by R. G. Robinson and Associates Ltd.);
Street and traffic signs;
Underground hydro, telephone, and street lighting;
Parkland
All of the above works are incorporated on to the following Engineering Drawings
prepared by R. Bouwmeester and Associates, Project No. E99009, Municipal
Affairs No. 43T-92024, and R. G. Robinson and Associates Ltd., dated March
and April, 2000.
Inspection and certification of works is being performed by R. J. Burnside and
Associates Ltd.
The above-referenced drawings were stamped, as accepted, by the Township
Engineers, R.G. Robinson and Associates (Bame) Ltd., on June 14, 2001.
43
G.1C
G-2
G-3
LG-1
LG-2
LG-3
LG-4
LG-5
LG-6
LG-7
LG-8
LG-9
LG-10
LG-11
LG-12
PK-1
P-1
P-2
P-3
P-4
P-5
P-6
P-7
P-8
P-9
P-10
P-11
P-12
P-13
P-14
PD-1
P-15
P-16
P-17
PD-2
D-1 to D-4
D-5
G-1
(R.G.Robinson)
PR-1 (R.G.
Robinson)
qb -L/j
General Servicing Plan - Line 2 South
Storm Drainage Area Plan
Erosion Control Plan
Lot Grading (Lots 40 to 46, 59 to 62)
Lot Grading (Lots 46 to 51, 54 to 59)
Lot Grading (Lots 11 to 15, 51 to 54)
Lot Grading (Lots 37 to 39, 63 to 65, 73 to 75)
Lot Grading (Lots 66 to 72)
Lot Grading (Lots 8 to 10, 16 to 18)
Lot Grading (Lots 34 to 36, 76 to 79, 86 to 89)
Lot Grading (Lots 80 to 85, 98 to 100)
Lot Grading (Lots 5 to 7,19,20)
Lot Grading (Lots 31 to 33, 90 to 92)
Lot Grading (Lots 27 to 30, 93 to 97)
Lot Grading (Lots 1 to 4, 22 to 27, 97)
Park Development Plan
Red Oak Crescent Sta. 0+010 to 0+300
Red Oak Crescent Sta. 0+300 to 0+600
Red Oak Crescent Sta. 0+600 to 0+900
Red Oak Crescent Sta. 0+900 to 1+200
Red Oak Crescent Sta. 1+200 to 1+500
Red Oak Crescent Sta. 1 +500 to 1 + 720
Walnut Drive Sta. 0+000 to 0+300
Walnut Drive Sta. 0+300 to 0+480
Basswood Circle Sta. 0+000 to 0+300
Basswood Circle Sta. 0+300 to 0+600
Basswood Circle Sta. 0+600 to 0+850
Line 2 South - Watermain Extension Sta. 0+000 to
0+300
Line 2 South - Watermain Extension Sta. 0+300 to
0+600
Line 2 South - Watermain Extension Sta. 0+600 to
0+855
Pond Plan & Profile
Line 2 South - West Ditch Sta. 0+000 to 0+300
Line 2 South West Ditch Sta. 0+300 to 0+500
Line 2 South West Ditch Sta. 0+500 to 0+860
Pond Details
Standard Details
Typical Sections
Site Plan Yard Piping & Tie-In - Dated March 2000
Pump House Modifications - Dated April 2000
44
SCHEDULE "D"
4b-~b
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND AR80URWOOD ESTATES LTD., PHASE II.
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:
PHASE II
A) Roadway construction complete. including clearing
and grubbing. excavation, granular road base
materials, concrete curb and gutter, and two
lifts of asphalt............... ................,....................................,....$553,518.00
B) Storm drainage works complete, including storm
sewers, ditch inlet catchbasins, culverts, detention pond,
topsoil, seed and mulch, sod, ditching and siltation and
erosion control devices.......................................".............. .$233,863.90
C) Waterworks, including watermains, valves, hydrants and
valves, water services and modification to pumphouse.........$279.705.00
0) Miscellaneous items, such as street name, regulatory
signs, communal mail box pads, bollards and tree
planting........................................,....,............,.......... .....$ 10.700,00
E) Electrical supply, including street lights,
control panels and duct crossings............................................$111.763.50
F) Parkland works. including grading. trees, fence
and park sign................................... ................. ..............$ 23,075,00
SUB-TOTAL
$1.212.625.40
G) Allowance for Engineering and supervision.........................$ 121.262.54
TOTAL
$1,333,887.94
7% G.S.T.
$ 93,372.16
GRAND TOTAL COST
$1,427,260.10
45
SCHEDULE "e"
qb . 11
~:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO.MEDONTE
AND ARBOURWOOD eSTATES LTD., PHASE II.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
See Clause 8.1 and 8.3, which sets out specific requirements for all lots on
the Plan in order to obtain a Building Permit for each and every lot.
Lots 28,29,36,37,74,75,91 and 92 require special attention, as
described in 8.1 - "Township of Oro-Medonte Sewage Approval".
As road and drainage control works are completed, additional lots may be
found to require special allention.
46
SCHEDULE "F"
q6 / tf1
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LTD., PHASE II.
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development charges are
payable on a per-lot basis prior to the issuance of the first Building Permit for each
particular lot, unless alternative arrangements with the body enacting the By-Law
relating to development charges or education development charges, which
arrangements have been brought to the attention of the Chief Building Official, all
charges are payable by cash or certified cheque in Canadian funds to the Chief Building
Official of the Township:
(i) Development charges in accordance with By-Law 99-081 of the Township of Oro-
Medonte at the rate applicable, upon the issuance of the first Building Permit for
each lot upon which charges are payable.
(il) Educational development charges in accordance with By-law {#3203-00] of the
Simcoe-Muskoka Catholic District School Board at the rate that applies upon the
issuance of the first Building Permit with respect to each lot upon which
educational development charges are payable; and
(iii) Educational development charges in accordance with By-law #3 (2000) of the
Simcoe County District School Board at the rate that applies upon the issuance
of the first Building Permit with respect to each lot upon which educational
development charges are payable.
Please be advised that specific rates applicable to each lot in the Plan of Subdivision
can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the
Simcoe-Muskoka Catholic District School Board, the Associate Director of Education;
and in the case of the Simcoe County District School Board, the Superintendent of
Facility Services.
Please also be advised that development charge By-Laws may be enacted after the
date of this subdivision by the County of Simcoe or by a Public Utility Commission
pursuant to the Development Charges Act, 1997, which may impose a charge on the
development of the lands within the plan of subdivision;
Also, please be advised that the above-referenced By-Laws enacted pursuant to the
Development Charges Act. 1997 and Section 257.53 of the Education Act, may be
amended or superceded by subsequent By-Laws enacted in accordance with the
respective legislation.
47
SCHEDULE "Q"
qb -t/r
NOTE:
" is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND ARBOURWOOD ESTATES LTD., PHASE II.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserled in the description of the document, and the
registered ptan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Developer.
All documents to be registered, shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
Block 102
Blocks 101, 103
Block 108
Blocks 109,110
Blocks 111,112
Block 113
Block 106
Block 107
Block 104
Block 105
Parts 1 and 2
2.0 STORM EASEMENTS
2.1 Rear Lot 2
2.2 Rear Lot 5
2.3 Rear Lot 6
2.4 Rear Lot 7
Detention Pond
Parkland and Walkways
0.3 m Reserve
0.3 m Reserve
0.3 m Reserve
0.3 m Reserve
Daylighting & Road Widening Triangle
Daylighting & Road Widening Triangle
Future Roadway
Future Roadway
Detention Pond
Plan 51M-696
Plan 51M-696
Plan 51M-696
Plan 51 M-696
Plan 51M-696
Plan 51M-696
Plan 51 M-696
Plan 51 M-696
Plan 51M-696
Plan 51 M-696
Plan 51R
Irre9ular Storm Easement
15 m Storm Easement
15 m Storm Easement
Irregular Storm Easement
48
, .
NOTE:
PARKLAND
SCHEDULE "H"
q.6 - 6D
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO.MEDONTE
AND ARBOURWOOD ESTATES LTD., PHASE II.
Blocks 101 and 103, Plan 51M-696.
49
SCHEDULE "I"
(]~ /;'
IV::J
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVELOPER
CONSULTING ENGINEER
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND ARBOURWOOD ESTATES LTD., PHASE II.
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 Clause 8.5, 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 authorized to carry
out, at his expense, any of the work set out in this Declaration not finished on or
before the completion dates, to be commenced not sooner than one week
following such completion date, it being understood and agreed that the
Township's authorization is limited only to that work required under the
Declaration;
3. The Developer 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;
50
.
4.
The Developer further agrees and the Township is hereby authorized to
undertake any of the maintenance work as set out under Item 3 hereof, not
completed by 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
burden, plus 20% for overhead;
qb ;6:J.
5. It is understood and agreed that should the Developer fail to construct the
remaining services to carry out the requirements of Item 3 as stipulated, and by
such dates and within such time limits as provided by this undertaking, the
Developer, notwithstanding the costs noted in Section 4, shall pay to the
Township, as predetermined liquidated damages, the sum of Fiftv Dollars
($50.00) for each and every calendar day the said services are behind schedule
of construction provided such delay is not caused by strikes or acts of God or
additional work being required by the Township.
ARBOURWOOD ESTATES LTD.
PHASE II
FRANK REISS
PRESIDENT
Date
Seal or Witness
51
. .
qb - 63
SCHEDULE "J"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO.MEDONTE
AND ARBOURWOOD ESTATES LTD., PHASE II.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township,
then:
a) six copies to be delivered to the solicitor for the Township.
b) six copies to be delivered to the Township.
c) Mylars for each Plan incorporated into the Subdivision Agreemenl shall be delivered
to the solicitor for the Township.
52
705 734 9987
o9i23/02. ,13: 40 FAX 705 734 9987
~
SIMCOE YORK DHC-BARRIE
141001
..
.
Mental Health
Implementation Ta&k f::orce
Central Eaat Region
fpenetanguishena)
61 Wellington Street WGsL
Suite 314 .
Baule ON L4N 1K5
Tel: 705 734.9975
Fax: 705 734.9987
Groupe c;f'etude sur fa mie.e
en Muvre de fa retorme des
services de sante mentaJe
Region du Centre-Est
(Pel'Je~n9uishElne)
61, rUQ WeUington Ouest,
burealJ 314
Barrie ON L4N 1 K5
Tel. : 705 734.-9975
Telec, ,705 734,9987
~ ()nrtario
I"
(i
,~
Fax
To:
Mr. Ian Beard
From, John McCullough, Chair
Fa", 705-487-0133
Pages' 2 (including cover)
Phoneo 70&487,2171
Date: 9123/2002
Re:
Mental Illness Awareness Week
cc:
o Urgent
o For Review
o Please Comment 0 Please Reply
o P'lease lI'tecycle
'--
..
09(23/02 13:41 FAX 705 734 9987
SIMCOE YORK DHC-BARRIE
141002
~
..
Man~1 H(!<'Jlth
Implementation Task Force
Cenu-al ~s1 Region
(Penetanguishene)
61 Wellington Street W~$f.
Suite 314
Barrie ON L4N 1 K5
Tel: 705 734.9975
Fax: 705 734-9987
GJ"Ot.lP8 d'etuda wr 18 mls@
en oeuvre de la rcfOrme des
servloes de sante mentale
R&gion du Centre-Est
(pet1etang\Ji.sh~ne)
61. rue Wellinoton Ouest
bureau 314
Barrie ON L4 N 1 K5
T~I. : 705 73.:1-9975
Tel(k, ; 705 134-9987
W Ontario
J~, ~
~ J-* \
r'
~ pft
September 23, 2002
Mr. Ian Beard
Mayor
Township of Oro-Medonte
P.o. Box 100
Ore, ON LOL 2XO
Dear Mr, Beard:
The week of October 6'h has been designated Mental Illness Awareness Week acroJss Ontario.
The theme of this significant week is "Reach out to Prevent Suicide, Care and Tre.tment Save
Lives". We're asking that you reach out to your community again,
In May, the Mental Health Implementation Task Force for the Central East (Penetanguishene)
Region presented you with a flag symbolizing mental health and its associated illn~~!:ses. You
kindly ftew or displayed the flag during Mental Health Awareness Week,
We are now asking you to consider once again flying the flag to illustrate the significance of
mental illness in our communities. One in four residents suffers from some form of mental
illness, and it is the leading source of disability in the world today. We must join forG!3S and all do
everything we can to eliminate the tragic impact of the stigma associated with ment<!11 illness.
Thirty to forty percent of short-term disability claims among Canada's corporate employees are
related to stress and mental illness.
I would ask that you consider flying the flag during Mental Illness Awareness Week, and doing
anything else you can to help eradicate the most crippling of all illnesses.
I thank you in advance for your consideration of this request, and want you to know the Task
Force appreciates any support you and your municipality might give to this worthy GI~use.
Sincerely,
~
Mr. John A. McCullough, Chair
Mental Health Implementation Task Force, Central East Region (Penetanguishenel
Calvin Granl
1391088 Ontario Lid O/A Stand Fast Investments
P,080x13
New Lowen, On
LOM 1NO
Ph (705) 424-4409 Fax (705)4244410
September 22, 2002
i! n~;,.~_,'~.:-;;~:.~.:_~ - ;-;'\-->;='~"
i' !>o<',.,'< '~.,qn::n ,
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j . - i
~ r: p 7 f\~?i'irr, !
v&.. ~ \1 t..i"Jl.,
Mayor and Members of Council
Township of Oro-Medonte
Subject: Rezoning Application
Dear Mayor and Members of Council,
I am the owner of the mu~i family residential I commercial building located at 9813 hwy 12 Warminster.
This is the building where the post office is cu rrently located,
I will be requesting a different zoning classification in order to turn some commercial space in my
building into storage units. Although several commercial endeavors have recently tried and failed at
this location I believe the local area is in need of heated storage units, I ",Jill be able to provide 18 to 20
units to meet this need but the present "Local Commercial" zoning does not allow for this,
One of the concerns that the new zoning classification addresses is the traffic flow along the highway,
Previous businesses operating out of this building would see and average of 15 to 20 customers per
day, The storage units once filled would only generate one or two customers per day thus reducing
traffic flow in the area, No flammables will be allowed to be stored as well as no hazardous
substances, The material housed on the premises will be no different then the previous businesses
kept on site such as clothing, tools, appliances and fumiture
It has been both emotionally and financially trying at times but I have made many improvements to the
building over the past two and a half years I have owned rt, I have spent a considerable amount of
money to improve both the interior and exterior thereby attracting a more stable tenant base. These
tenants are for the most part from outside the Oro-Medonte area but have moved here because of the
availability of affordable, respectable and well maintained a=mmodations, These tenants are from all
walks of life from a 911 call operator for the OPP, a retired school teacher, an X-Ray technician to
several Casino Rama Employees and they all bring money into the local economy,
The grounds around the building are well maintained and have improved the look of the community
over the past two years which is important as rt is located right on the highway,
It will cost a considerable amount of money to complete the storage units and I am applying for a
reduction in the $1,200,00 rezoning fee, Although this fee may not sound like much I have only
recently retired from the Canadian Armed forces as a Sgt with 21 years service and this building is
supplementing my Pension, At this time I cannot not afford to pay the $1,200,00 fee and build the
storage units,
I would like to know what the cost will be prior to filing the application, Your prompt attention to this
matter will be very much appreciated,
Respectfully,
c6~
Calvin Grant
Stand Fast Investments
10 e..} .
r(~
MEMORANDUM
TO: Mayor and Council ofOro-Medonte Township
FROM: Oro District Lions Club
DATE: Wednesday, September 25,2002
SUBJECT: Rental of Banquet Room, Guthrie Arena, Saturday AprilS, 2003
The year 2002-2003 marks the 30th continuous year of service of the Oro District Lions
Club. To mark this occasion, we plan to initiate a number of activities and events
throughout the year, culminating with a 3rf' Charter Ni1!ht BanQuet on Saturday April
5th,2003. A bar, operated by staff trained in Safe Serve, will be part of the festivities.
The 3rf' Charter Ni1!ht BanQuet is likely to attract :lTom 150 to 200 people,
including present and former members and spouses, members and spouses :lTom other
clubs, invited guests, etc. This number is far more than our regular dinner-meeting
facilities, the Hawkestone Hall, can accommodate.
The Banquet Room at the Guthrie Arena is sufficiently large to accommodate our 3f1'
Charter Ni1!ht BanQuet. In addition, it is central in our area, it is easy for visitors to find,
it has a sufficiently large parking lot and, with its elevator, the banquet room is
wheelchair accessible. We would very much appreciate your approving its use for our
club on that day.
We understand that the rental fee for the Banquet Room at the Guthrie Arena may be
waived by Council :lTom time to time. We further understand that, by holding this
event on Township property, we may be able to operate a bar using the Township's
general liquor license, thereby relieving us of the need to obtain a single event license for
this occassion. If our understanding is correct, we would very much appreciate it if you
would 1) waive the rental fee for the Banquet Room for this occasion, and 2) allow us to
operate a bar that night using the Township's general liquor license.
We eagerly await your decisions on these matters and thank you for your consideration.
Peter Kurtz
Oro District Lions Club
30th Charter Events Chair
RR#1 Shanty Bay
LOL 2LO
487-3223
/3~. ~
NVCA MEMBER'S WATERSHED BUS TOUR, SEPTEMBER 27, 2002
The full day bus trip provided the opportunity to network and get to know a wide range
of stakeholders and to view and to help celebrate some outstanding conservation
achievements. It also provided a greater understanding of how geographical features of
the area are interrelated and how actions in one region can have widespread impacts.
1. Stream W ork- Many farmers and other property owners are being supported by the
NVCA to implement measures to substantially reduces the impact of livestock on
waterways. Reforestation and the reconfiguration of man-made ponds are having a
noticeable impact on erosion and cold water fisheries. Several examples were
viewed including livestock stream crossings and the work around a restored mill
pond.
2. Collingwood Filtration Plant- Collingwood is somewhat unique for a municipality
that has well head sources for municipal water and has chosen to use only water form
Georgian Bay. The filtration plant with the latest technology is efficient and cost
effective to the extent that it attracts visitors from around the world. The fiber
process used for water purification has a life span of 17 years, is self-cleaning and
can process large volumes of water.
3. Little Lake- The results of successive City of Barrie Councils to preserve, protect
and make lakefront property accessible to the general public is most evident in the
Little Lake area. At this point Barrie has acquired most of the land around Little Lake
that is environmentally sensitive and important to the health of the Lake. The City
intends to acquire additional lands, as they become available at market value. There
will ultimately be hiking trails with interpretive works completely around Little Lake.
I
Councillor Hughes
ILfq -\
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-098
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LICENCE TO OCCUpy
AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE
AND HER MAJESTY, THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED
BY THE MINISTRY OF THE PUBLIC SAFETY &. SECURITY
ONTARIO PROVINCIAL POLICE
(Property known as 3331 Line 4 North, Township of Oro-Medonte)
WHEREAS Section 121, subsection 2 of the Municipal Act, R.S.O. 1990, Chapter M.4S,
as amended, provides for a municipality and the Crown to enter into and perform
agreements on such terms and conditions as may be set out in the agreement for the
use of any property of the municipality;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement
with Her Majesty, the Queen In Right of Ontario, as represented by the Ministry of the
Public Safety and Security, Ontario Provincial Police, for the occupancy by the Ontario
Provincial Police of the building having the municipal address of 3331 Line 4 North,
Township of Oro-Medonte;
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign a Licence to Occupy
Agreement between the Corporation of the Township of Oro-Medonte and Her
Majesty, The Queen in Right of Ontario, as represented by the Ministry of the
Public Safety and Security, Ontario Provincial Police, said agreement attached
hereto as Schedule 'A' and forming part of this by-law.
2. THAT this by-law come into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 2ND DAY OF OCTOBER,
2002.
BY.LAW READ A THIRD AND FINAL TIME THIS
DAY OF
2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
As of the
14ct -;;l
Schedule "A" to
By-law No. 2002-098
LICENCE TO OCCUPY AGREEMENT
day of
,20
BETWEEN:
The Corporation of the Township of Oro.Medonte
(Herein called the "Municipality")
and
Her Majesty the Queen in Right of Ontario as represented by
Ministry of the Public Safety & Security
Ontario Provincial Police
(Herein called the "OPP")
It is understood and agreed that the OPP will be providing policing services on behalf of the
Province and the Municipality, and will be occupying the Premises for the provision of such
services in accordance with the terms of this Agreement.
Section 1
Municipality
Section 2
Occupant
Section 3
Building
Section 4
Premises
Section 5
Term
The Corporation of the Township of Oro-Medonte.
Ontario Provincial Police (OPP).
The Municipality's building having the municipal address of 3331 Line 4
North, Township of Oro-Medonte, Ontario
Part of the Building having a Rentable Area estimated to be 2908 square
feet. (Note: Township Meeting Room approximately 770 square feet not
included.)
Subject to Section 11, the Term of Agreement will end on April 30, 2012.
Further renewals of the Agreement will be for the same extended term(s).
The Commencement Date for occupancy of the property shall be on or
before April 30, 2002.
Section 6
Annual Rent
Section 7
Municipality's
Costs for the
Municipality's
Work and the
OPP's Work
Section 8
Parking
Section 9
Cancellation
Section 10
Access
I4q - 3
2
The Municipality hereby agrees that the space will be available at the
Municipality's cost to the OPP. The Municipality acknowledges that the
OPP will not pay the Municipality any annual rent or other rent or charges
for the occupancy of the Premises.
"The Municipality's Costs for the Municipality's Work and the OPP's
Work" means the following costs that are directly, actually and
reasonably incurred by the Municipality in connection with the
Municipality's Work and the OPP's Work:
(a) the aggregate contract prices of all contracts relating thereto;
(b) the usual fees and expenses where applicable that are payable to
the Municipality or other Authority, including building permit fees
and hook-up fees;
(c) professional and consultant's fees for the preparation of working
drawings and specifications for the OPP's Work.
The Municipality shall provide and maintain a parking area.
Either party shall have the option of canceling this Agreement by giving
the other party no less than one (1) year's written notice prior to the
effective date for such cancellation.
The Municipality shall permit the OPP, its agents, invitees and those
having business with any or all of them, full and uninterrupted access to
the Building and the premises seven (7) days per week, twenty four (24)
hours per day during the Term and any extension(s) thereof, including
access for disabled persons.
/4 Ci -q
3
Section 11
Municipality's
Indemnity
The Municipality shall indemnify the OPP and save it harmless frorn and
against all losses, claims, actions, damages, costs, liabilities and
expenses (together the "Claims") in connection with loss of life, personal
injury, damage to property (including any portion of the Building and its
equipment, machinery, services, fixtures and Leasehold Improvements)
or any other loss or injury arising from or out of the conduct of any work
by the Municipality, the provision of any service by the Municipality or any
act or omission of the Municipality or those for whom the Municipality is
at law responsible or by anyone permitted to be in the Building by the
Municipality and not caused by the willful or negligent conduct of the
OPP, it's employees or agents, or any person conducting business with
the OPP.
If the OPP is made a party to any litigation commenced by or against the
Municipality in respect of the foregoing, the Municipality will protect,
indemnify and hold the OPP harmless in addition to paying all expenses
and legal fees incurred or paid by the OPP in connection with such
litigation.
Section 12
Insurance The Municipality acknowledges that the OPP in respect of damage to the
Acknowledgement Building and the Premises is self-insured and in respect of third party
liability maintains a comprehensive blanket policy of insurance, and
therefore shall not require the OPP to obtain any additional insurance
coverage.
Section 13
Insurance
The Municipality shall obtain and maintain:
(a) "all risks" insurance(including flood and earthquake) on the
building (including the foundations and excavations and other
parts of the Structure) and the equipment contained in or servicing
the Building and on the Lands;
(b) comprehensive general liability insurance;
(c) such policies shall be written on a comprehensive basis with
inclusive limits of not less than Two Million Dollars ($2,000,000.00)
per occurrence.
No review or approval of such insurance documentation by the OPP shall
derogate from or diminish the Opp's rights or the Municipality's
obligations as contained in the Lease.
!4q -5
4
All of the foregoing insurance policies shall contain a waiver of any
subrogation rights which the Municipality's insurer may have against the
opp and those for whom the OPP is at law responsible, whether the
damage is caused or contributed to by their act, omission or negligence
and shall not make provision for co-insurance. All of such policies shall
be taken out and kept in full force and effect in the names of the
Municipality and the OPP, as their respective interests may appear and
shall contain a cross-liabifity clause. None of the policies shall be
invalidated as respects the interest of the OPP, or those for whom the
OPP is at law responsible, by reason of any breach or violation of any
warranties, representations, declarations or conditions contained in the
policies. All of the policies shall contain an undertaking by the insurers to
notify the OPP in writing not less than thirty (30) days prior to any
material change, cancellation or termination. If requested by the OPP,
the Municipality agrees to deliver certificates of insurance of the
underwriting insurance company or complete certified copies of policies
to the OPP within thirty (30) days after the placing of the required
insurance. No review or approval of such insurance documentation by
the OPP shall derogate from or diminish the Opp's rights or the
Municipality's obligations as contained in the Lease.
Section 14
Signs and Flagpoles
(a)
(b)
(c)
Section 15
Repair
As part of the construction, a concrete base. conduit and electrical
service for the OPP's illuminated sign shall be provided at the
Municipality's expense in a location to be mutually agreed upon
between the Municipality and OPP.
The Municipality shall erect other signs on the Premises and
Lands as the OPP considers necessary for the proper conduct of
its business, including parking and directional signs. These signs
will be erected in accordance with municipal laws in locations to be
mutually agreed upon by the municipality and the OPP.
As part of the construction, the Municipality shall provide flagpoles
as specified in a location mutually agreed upon between the
Municipality and OPP.
The Municipality shall maintain the Premises, including the Leasehold
Improvements, the Building and the Structure in good repair and
tenantable condition during the Term and any extension(s) thereof.
Section 16
Services and
Facilities
14 C1 -0
5
The Municipality shall provide, operate, maintain and repair the following
services and facilities for the Premises as expressed below, at the
Municipality's expense during the Term and any extension(s) thereof:
(a) Utility Systems
All utility systems and facilities including water, fuel and electricity, and
including all charges for Utilities used or consumed within the
Detachment.
(b) Electrical Systems/Lenses, Bulbs and Related Equipment
An electrical system which is satisfactory for the OPP's purposes
including fixtures and outlets as specified.
(c) Thermal Conditions and Air Quality
The Municipality shall keep all parts of the Premises heated with artificial
heat to a proper and reasonable temperature and provide air-
conditioning, ventilation and humidification in accordance with the Ontario
Building Code standards. Note: This is a new building and falls under the
Ontario Building Code and ASH RAE 90.1 requirements.
(d) Water System
A water system capable of supplying hot and cold water to the
Premises and the washrooms serving the Premises.
(e) Washrooms
Fully equipped washroom facilities for male and female employees
of the OPP in accordance with the requirements established by
the Occupational Health and Safety Act, R.S.0.1990,c.0.1, as
amended, and the regulations made thereunder, or any successor
act, a handicapped accessible male and female washroom
installed in accordance with the requirements of the Ontario
Building Code and any other applicable requirements of any
relevant laws or Authority, and the provision of all washroom
equipment and supplies reasonably necessary, in the opinion of
the OPP, for the use and operation of such washroom facilities,
including, without limitation, a sink, vanity, toilet bowl, paper towel
dispenser, garbage pail, soap dish and toilet paper dispenser.
ILfct - f
6
(f) Exterior, Common Areas
Maintenance of the exterior of the Building, the landscaped
grounds of the Lands, the Parking Areas and walkways of the
Building and the Common Areas and Facilities of the Building in
good repair and first-class condition and the prompt removal of
snow and ice.
(g) Life Safety
Establishment of a workable emergency evacuation program.
This program is to be posted in the building in a visible location to
all.
(h) Glass Replacement
As per maintenance requirements. (If it needs maintenance it will
be repaired)
The provision of Building security in accordance with OPP
hardware and keying standards for the portion of the building used
by the OPP.
(I) Housekeeping Services
Provide housekeeping service for the Premises as would a
reasonably prudent owner of a similar building, including the
provision of waste removal services and all cleaning materials and
washroom supplies. Municipality to provide a schedule of
Janitorial services to the OPP indicating routine and frequency.
Such schedule shall be subject to the approval of the OPP. The
OPP reserve the right to complete a security clearance on the
individuals providing the housekeeping services. Anyone not able
to pass the security clearance or refusing to consent to the
clearance will be denied access to the premise. The Municipality
shall be responsible to provide a suitable substitute.
0) Waste Management and Recycling Program
The Municipality is to indicate to the OPP what, if any, waste
management and recycling program is in place for the employees
to follow. Municipality to provide containers.
/4a -is
7
Section 17
Facility
The Municipality has the sole right to regulate the use of the Township
Meeting Room and will provide a schedule of use to the OPP when
available.
Note: OPP use of the Township Meeting Room is available upon
notification to the Municipality or without notification to the Municipality in
cases of emergency.
Section 18
legally Binding The License to Occupy Agreement shall be subject to:
Agreement
(i) the Council of the Municipality passing the necessary resolution(s)
or by-Iaw(s), authorizing the Municipality to enter into this License
to Occupy Agreement and the financing for the Municipality's
Costs for the Work.
The undersigned, on behalf of the Ontario Provincial Police, hereby acknowledges and
agrees to the above terms and conditions
Date:
ONTARIO PROVINCIAL POLICE
Per:
Name:
Title:
The undersigned, on behalf of The Corporation of the Township of Oro-Medonte, hereby
acknowledge and agree to the above terms and conditions.
Date:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
Name: J. Neil Craig
Title: Mayor
Per:
Name: Marilyn Pennycook
Title: Clerk
We have the authority to bind the Municipality.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2002-102
l'+b
Being a By-Law to Authori~e the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and The Hedbern Development Corp. and Russell Hill Homes Inc.
described as lands as follows:
Parcel 41-2, Section 51-FLOS-1; Part Lot 41, Concession 1, W.P.R.,
formerly Flos Township, Part 1, 51R-23973, except Part 8, 51R-27864,
being all of PIN #58365-0142(Lt);
Part Lot 41, Concession 1, W.P.R., formerly Flos Township, Part 2, 51R-23973,
being all of PIN #58365-0054(Lt);
Parcel 41-2, Section 51-FORMERLY FLOS-1: Part Lot 41, Concession 1, W.P.R.,
formerly Flos Township, Part 4, 51R-23973,
being all of PIN #58365-0143(Lt)
WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of
The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to
enter into a Site Plan Control Agreement on the lands described herein;
AND WHEREAS By-Law No. 94-149. a By-Law to Designate Parts of the Township as Site
Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the
provisions oIThe Planning Act, R.S.O.. 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant
to By-Law No. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as
Appendix "A", on lands described on the attached Schedule "N;
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedule "A" shall form part of this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by Council.
BY-LAW READ A FIRST AND SECOND TIME THIS 2nd DAY OF OCTOBER, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
2002.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
ILfc
THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
BY-LAW NO. 2002-101
Being a By-law to Authorize the Execution of a Subdivision Agreement
between The Corporation of the Township of Oro-Medonte
and Arbourwood Estates Ltd. (Phase II)
WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P.13, as amended, provides thai municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being Lot 22 and Lots
25 to 100, inclusive, all on Plan 51 M-696, Being all of PIN #58552-0188 (Lt) and all of
PIN #58552-0191 through #58552-0266 (Lt), inclusive, Township of Oro-Medonte,
County of Simcoe.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Subdivision Agreement, a copy of which is
attached hereto and forms part of this By-law as Schedule 'A'.
2. That the Subdivision Agreement, a copy of which is attached hereto and forms
part of this By-law as Schedule 'A", be registered on title against the lands
described therein;
3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Subdivision Agreement against the owners and any and all subsequent
owners of the land;
3. That this By-Law shall come into force and take effect on the final passing
thereof.
By-Law read a first and second time this 2"" day of October, 2002.
By-Law read a third time and finally passed this
day of
,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
\Lid
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-099
Being a By-Law to Appoint Members to the Accessibility Advisory Committee
WHEREAS Section 207, subsection 45 of the Municipal Act. R.S.O. 1990, Chapter
MA5, as amended, provides for appointing such officers as may be necessary for
the purposes of the corporation;
AND WHEREAS Council of The Corporation of the Township of Oro-Medonte
deems It expedient to do so;
NOW THEREFORE, Council of The Corporation of Oro-Medonte enacts as follows;
1. That the purpose of the Oro-Medonte Accessibility Advisory Committee shall be
to formulate an Accessibility Plan for Council consideration to promote equal
opportunity and access for all persons, regardless of needs, in order that all
persons may participate as fully as possible in all aspects of community life in the
Township of Oro-Medonte.
2. That the mandate of the Oro-Medonte Accessibility Advisory Committee shall
be;
a) To act as an advisory body to Council. All recommendations shall be
forwarded to Council through the Chair for consideration;
b) To advise, review and make recommendations to Council with respect to
related Federal and Provincial legislative matters and Township policy.
c) To review annually the Accessibility Plan and recommend goals and
objectives relating to accessibility issues in the Township for Council
consideration.
3. That the following persons are hereby appointed, at the pleasure of Council, as
Members of the Oro-Medonte Accessibility Advisory Committee for the term of
the Council that appointed them and/or until their successors are appointed and
are otherwise eli9ible for appointment
Councillor Ruth Fountain (Chair)
Bonnie MacDougall
Debbie Mooney
Drew Rigden
Resource Staff
Mayor J. Neil Craig (ex-officio)
4. That persons appointed to the Oro-Medonte Accessibility Advisory Committee
shall be paid such remuneration and expenses as Council provides.
5. That this By-law shall come into force and take effect on Its final passing thereof.
By-law read a first and second time this 2nd day of October, 2002.
By-law read a third time and finally passed this day of 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR, J. NEIL CRAIG
CLERK, MARILYN PENNYCOOK
/(;;
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY.LAW NO. 2002-0100
BEING A BY.LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL
MEETING HELD ON WEDNESDAY, OCTOBER 2, 2002.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Council Meeting held on Wednesday,
October 2, 2002, and in respect to each Motion, Resolution and other actions
passed and taken by the Council at its said Meeting is, except where prior
approval of the Ontario Municipal Board is required, hereby adopted, ratified and
confirm.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary on
behalf of the Council of the Corporation of the Township of Oro-Medonte. And,
the Clerk is hereby authorized and directed to affix the corporate seal to all said
documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 2nd DAY OF OCTOBER, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THtS nd DAY OF
OCTOBER, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Neil Craig
Clerk, Marilyn Pennycook