12 17 2008 SpCouncil AgendaTOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, DECEMBER 17, 2008 TIME: IMMEDIATELY FOLLOWING
COMMITTEE OF THE WHOLE
1. OPENING OF MEETING BY THE MAYOR
2. PRAYERJCONTEMP~ATION/REFLECTION
3. ADOPTION OF AGENDA
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. REPORTS OF COMMITTEES:
a) Recommendations of Committee of the Whole meeting held December 17, 2008.
6. BY-LAWS:
a) By-Law No. 2008-180 A By-Law to Authorize the Issuance of Certificate of
Substantial Completion and Acceptance (Road Improvements
Agreement) for Line 9 North from County Rd. #22 to Station
0+920.
b) By-Law No. 2008-181 A By-law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro-
Medonte and Lois Elizabeth Crawford Beverley Jean
Crawfard described as lands as follows: Lot 16, Plan 798
Being all of PIN 58559-0153 (LT) 29 O'Connell Lane Roll #
4346-010-009-50200 Township of Oro-Medonte, County of
Simcoe.
c) By-law No. 2008-178 Being a By-law to remove the Holding symbol applying to
lands located at 29 O'Connell Lane, Lot 16, Plan 798 Being
all of PIN 58559-0153 (LT) Rall # 4346-010-009-50200
(Crawford).
7. CONFIRMATION BY-LAW NO. 2008-176.
$. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM
9. ADJOURNMENT
;.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2008-180
A By-Law to Authorize the Issuance of Certificate of
Substantial Completion and Acceptance (Road Improvements Agreement)
far Line 9 North from County Rd. #22 to Station 0+920
WHEREAS Section 224 of the Municipal Act, 20Qi, S.Q. 20Qt, c.25, as amended,
states that it is the role of Council to ensure that administrative policies, practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.U., 1990, c. P. 13, as amended;
AND WHEREAS By-Law No. 2008-069, a By-Law to Designate Parts of the Township
as Site Plan Control Areas, was passed by Council for the Township of Uro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS Council for the Corporation of the Township of Uro-Medonte passed
By-Law No. 2008-084 to enter into a Road Improvement Agreement with Gargano
Development Corp. on June 25, 2008 to construct Line 9 North, from County Road #22
southerly to Station 0+920.
AND WHEREAS the requirements of this Road Improvement Agreement with respect
to the works have now been met;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
That the Certificate of Substantial Completion and Acceptance {Road
Improvements Agreement} far Line 9 North from County Rd. #22 to Station
0+920 may now be issued by the Township Engineers (AECOM} in compliance
with the Road Improvements Agreement between the Corporation of the
Township of Oro-Medonte and Gargano Development Corp. dated December 2,
2008.
2. That the attached Schedule "A", Certificate of Substantial Completion and
Acceptance (Road Improvements Agreement -Line 9 North} shall form part of
this By-Law.
3. That this By-law shall come into force and take effect on the final date of passing
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 17T" DAY OF DECEMBER,
2008.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
2008.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, N.S. Hughes
Clerk, J. Douglas Irwin
Schedule "A" to By-Law No. 2008-180
AECOM
10 Cheddsy Street. Barrie. ON, CaraiCa l4N 1 W1
T 705.721.9222 F 705.734.0784 www.aecom.oom
TOWNSHIP ENGINEERS
CERTIFICATE OF
MUNICIPALIITY
PROJECT
DEVELOPER
FILE NO.
Deacriptlon of tfie Works:
G, ~ ~.
SUBSTANTIAL COMPLETION AND ACCEPTANCE
(Road Improvements Agreement- Une 9 North
Township of Oro-Medonb
Line 9 North from County Rd. #22 to Station 0+920
(Schedule "A" to ev-Law No. 2008-0841
Garaano Development Com.
12-08928-61
Road improvements in the Township of Oro-Medonte consisting of.
• Line 9 North from County Road #22 south to Station 0+920; a distance of 920 metres (3,018 feet)
AECOM
Totfien Sims Hubicki Associates (1997) Limited is now doing business as AECOM. We, AECOM, notify the
Municipality that the above mentioned wortcs were inspected November 2008, and th the best of our
knowledge and judgement are complete in axordance with the Road Improvement Agreement, except for
the deficiencies bekyw:
Item 2.07 Granular `A' Shoulder
Item 2.08 Surface Course Asphalt HL-3 (40mm)
We hereby accept these works for use and operation by the Municipality subject to the rectificat~n of the
above noted deficiencies and to the rectification of any further deficiencies that may become apparent during
the maintenance period and to the maintenance that is required by the Road Improvement Agreement and its
Amendment
The date of Substantial Completion and Acceptance is estabG h Ce ' as of December 2,
2008.
Date: ~ ~ Signature:
K:~892&511Certificatesll.k~e 9 North C.S.C. 8 Adac
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2008-181
A fay-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Lois Elizabeth Crawford
Beverley Jean Crawford
described as lands as follows:
Lot 16, Plan 798
Being all of PIN 58559-0153 (LT)
29 O'Connell Lane
Roil # 4346-010-009-50200
Township of Oro-Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Gontrol Agreements is provided far in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Gouncil
deems it necessary to enter into a Site Plan Gontroi Agreement on the lands described
herein;
AND WHEREAS By-Law Na. 2008-069, a By-Law to Qesignate Areas of the Township
as Site Plan Gantral Areas, was passed by Council far the Township of Ora-Medonte,
pursuant to the provisions of The 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 Cantral,
pursuant to By-Law Na. 2008-069;
NOW THEREFORE the Gouncil 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 "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Contra)
Agreement an behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 17T" DAY OF DECEMBER,
2008.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 200$.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
LOIS ELIZABETH CRAWFORD
AND
BEVERLEY JEAN CRAWFORD
-and-
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 16,
Plan 798
Being all of PIN 58559-0153 (LT)
29 O'Connell Lane
Roll # 4346-010-009-50200
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
December, 2008
By-Law No. 2008-181
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Seetian 1 Covenants by the Owner
Seetian 2 Covenants by the Township
Seetian 3 Development Restrictions
Seetian 4 Development Changes
Section 5 Security
Seetian 6 Compliance
Section 7 Co-operation
Section 8 Binding Effect
Seetian 9 Severability of Clauses
Section 10 Save Harmless
SCHEDULES
Schedule "A" legal Description of Lands
Schedule "B" Site Plan
Schedule "C" Deeds and Easements to be Conveyed
Schedule "D" Itemized Estimate of Cost of Construction
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of , 2008, in accordance with
Section 41 of the Planning Act.
BETW EEN:
Lois Elizabeth Crawford and
Beverley Jean Crawford
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SEGOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction
of a deck and porch 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 Gontrol Area";
AND WHEREAS the Owner 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:
1. COVENANTS BY THE OWNER
The Owner 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 Owner 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 Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands far the intended use.
f) The Owner 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 Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$NlA. The Owner 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 TransferslDeeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owner's solicitor that the TransferlDeeds and Easements shall
provide the Township with goad title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the TownshiplMinistry of the Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit construction of a deck and porch
described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all relevant
Municipal By-laws and Provincial Statutes and Regulations, the Owner 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
Owner shall be on and subject to the following terms and conditions:
a} Site Plan
The use and development of the subject lands shall be in accordance with and as
set out an 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 and/or 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 Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storage
No outside storage shall be permitted between any buildings on the premises and
any street. Any other outside storage shall be contained in the fenced compound,
as identified an Schedule "B".
e} Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and waste, as
shown an the Site Plan, and to install and maintain litter containers in and around
development on the lands. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
Garbage Collection
The Owner acknowledges and agrees that any Industrial, Commercial and
Institutional (1. C. & I) and multi-unit locations (six (6) units and over) will not
receive curb side waste collection services from the County of Simcoe. Each I. C.
& I location and multi-unit residential location will be responsible far their own
garbage and recycling disposal.
g} Landscaping
The Owner 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.
h) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erasion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
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 by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township,
to cover the faithful performance of the abligatians of the Owner 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°l°} 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°I°} 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 Owner'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
cast 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 far
any item ar any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the foregoing,
payment of engineering, legal, planning ar other casts incurred by the Township,
which are the responsibility of the Owner, under the terms of this Agreement.
e) Upon written notification by the Owner'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 Owner's abligatians under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security ar
deposits, then the Township shall give, by registered mail, twenty-one (21 }day's
notice, its intent to draw down on the security ar deposit.
6. COMPLIANCE
Any action taken by the Township or an 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
Owner far the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act,
2001, S.O. 2001, c. 25, 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 Owner 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.
$. 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 Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants ar 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 ar through grass
negligence an 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.
SIGNED, SEALED AND DELIVERED
} Lois Elizabeth Crawford
)Owner
}
)Beverley Jean Crawford
)Owner
}
}
}
The Corporation of the
Township of Oro-Medonte
per:
H.S. Hughes, Mayor
J. Douglas Irwin, Clerk
SCNEDU~E "A"
NOTE: It is understood and agreed that this Schedule farms part of the Site Plan
Agreement between the Township of Qro-Medonte and
LEGAL DESCRIPTION OF LANDS
Lot 16, Plan 798
Being all of PIN 58559-0153 {LT}
29 O'Connell Lane
Roll #4346-010-009-50200
SCHEDULE `B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and
SITE PLAN
Site Plan Drawing is available from the Township of Oro-Medonte.
SCHEDULE 44 ~!!
NOTE: It is understood and agreed that this Schedule farms part of the Site Plan
Agreement between the Township of Ora-Medonte and
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate t_ot 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 far the parties
after the Plan is registered and a Plan Number assigned.
The consideration for ali conveyances shall be the sum of Two Dollars t~2.001 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
NIA
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
NIA
SCHEDULE "D"
NOTE: It is understand and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medante and
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
N!A
2. LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required NIA
under the terms of this Agreement, as Hated
in Section 5 herein.
~~
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2408-17$
Being a By-law to remove the Holding symbol applying to lands located at
29 O'Connell Lane, Lat 16, Plan 798
Being all of PIN 58559-4153 {LT)
Roll # 4346-414-449-54244 (Crawford}
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is
empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the
Planning Act, R.S.O. 1990, c.P.13.
AND WHEREAS Council deems it appropriate to remove the Holding provision applying
to the subject (ands;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
enacts as folbws:
1.Schedule `A5', to Zoning By-law No. 97-95 as amended, is hereby further
amended by removing the Holding provision applying to lands known as "29
O'Connell Lane, Lat 16, Plan 798, Being all of PIN 58559-0153 (LT), Roll #
4346-010-009-50200" as shown an Schedule `A' attached hereto and
forming part of this By-law.
2 This By-law shall came into effect upon the date of passage hereof,
subject to the provisions of the Planning Act, as amended.
BY-LAW READ A FIRST AND SEGOND TIME THIS 17T" DAY OF DECEMBER,
2448.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2048.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
~~'
Schedule 'A' to ~y-Law
No. 2008-'178
This is Schedule 'A' to By-Law 2008-178
passed the day of , 2008.
Mayor
Clerk
H.S. Hughes
J. Douglas Irwin
TOWNSHIP OF ORO-MEDONTE
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2008-176
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, DECEMBER 17, 2008
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Special Council Meeting held on Wednesday,
December 17, 2008, 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 confirmed.
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 17`" DAY OF DECEMBER, 200$.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 17t" DAY OF
DECEMBER, 2008.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin