02 06 2002 Council Agenda
TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: Wednesday, February 6, 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
Nil.
6. MINUTES OF PREVIOUS MEETINGS
a) Minutes of the Council Meeting held Wednesday, January 16, 2002.
I..............................................................................
7. CONSENT AGENDA CORRESPONDENCE:
a) Barbara J. Brechin, Coldwater, re: appreciation to Public Works Department re:
Municipal Drain NO.7.
8. DEPUTATIONS:
Nil.
9. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. ES2002-03, Keith Mathieson, Director of Engineering and
Environmental Services, re: release of securities, Carriage Hills Resort Corp.,
Phases \I and III, Site Plan Agreement.
b) Report No. PD2002-5, Andria Leigh, Township Planner, re: Committee of
Adjustment decisions for January 17, 2002.
c) Report No. ES2002-06, Keith Mathieson, Director of Engineering and
Environmental Services, re: 1391191 Ontario Limited (Martin Brook Subdivision),
Part of Lot 15, Concession 2 (formerly Township of Ora), Subdivision Agreement,
Plan of Subdivision 43T-91045.
d) Report No. PD2002-6, Andria Leigh, Township Planner, re: Zoning By-law
Amendment, Martin Brook Estates Subdivision, 1391191 Ontario Ltd., Concession
2, Part of Lot 15 (Oro).
e) Marilyn Pennycook, Clerk, re: time of Committee of the Whole meeting,
Wednesday, February 27,2002.
10. COMMUNICATIONS:
"'"
a) Garfield Dunlop, MPP Simcoe North, re: Appointments for the ROMA conference,
February 24 to 27,2002.
...
b) Association of Municipalities of Ontario, re: 2002 AMO Conference, August 18, - 21,
2002.
c) Minister of Agriculture, Food and Rural Affairs, re: OSTAR Agreement.
d) Township of Severn, re: Coldwater and District Community Centre, 2002 financial
contribution.
11. REPORTS OF COMMITTEES:
a) Minutes of the Committee of the Whole meeting held on Wednesday, January 23,
2002.
12. PETITIONS:
Nil.
13. UNFINISHED OR NEW BUSINESS:
'.
14. BY-LAWS:
~:
a) By-law No. 2002-006 Being a by-law to accept and dedicate for use as a public
highway certain lands within the Township of Oro-Medonte,
Ironwood Trail.
b) By-law No. 2002-008 Being a by-law to amend By-law No. 2000-084 (to stop up,
close and sell part of O'Brien Street, Registered Plan
No.1 (geographic Township of Oro), Township of Oro-
Medonte, County of Simcoe, designated as Parts 1, 2, 3, 4,
5, 6 and 7, Plan 51 R-28368.
c) By-law No. 2002-009 Being a by-law to accept and dedicate for use as a public
highway certain lands within the Township of Ora-Medonte,
(Barrie Terrace).
d) By-law No. 2002-010 Being a by-law to rezone Concession 2, Part of Lot 15,
Township of Oro-Medonte (formerly Township of Oro),
County of Simcoe (1391191 Ontario Ltd. - Martin Brook
Estates Subdivision).
e) By-law No. 2002-011 Being a by-law to deem certain Plans of Subdivision or parts
thereof not to be Registered Plans of Subdivision within the
meaning of the Planning Act R.S.O. 1990 c.P.13, as
amended, Registered Plan 918, Lots 4 and 5.
f) By-law No. 2002-012 Being a by-law to amend By-law No. 97-95 as amended, the
Zoning By-law for the Corporation of the Township of Ora-
Medonte with respect to Concession 2, Lot 41 and East Part
of Lot 42, RP 51R-030187, Part 1 (Medonte) (Settlers Ghost
Golf Course).
g) By-law No. 2002-013 Being a by-law to amend By-law No. 97-95 as amended, the
Zoning By-law for the Corporation of the Township of Oro-
Medonte with respect to Part of Lots 1 and 2, Concession 4
(Oro) (Horseshoe Valley Lands Ltd.).
h) By-law No. 2002-014 Being a by-law to authorize the execution of a Subdivision
Agreement between The Corporation of the Township of
Oro-Medonte and 1391191 Ontario Limited (Martin Brook
Subdivision).
15. IN-CAMERA:
r
16. CONFIRMATION BY-LAW NO. 2002-016.
17. ADJOURNMENT
18. QUESTIONS:
ADDENDUM
COUNCIL MEETING
February 6, 2002
10. COMMUNICATIONS:
e) Orillia Fish & Game Conservation Club, correspondence re: donations to the
11th Annual Ontario Hunter Education Instructors' Conference, May 3 & 4,
2002.
f) Simcoe Plowmen's Association, correspondence re: contribution to the
Simcoe County Farm Festival, August 17 & 18, 2002.
g) Ontario Municipal Board, correspondence re: 850892 Ontario Limited,
767987 Ontario Limited, Seeley & Amill Aggregates ltd., clearance of
conditions.
h) Ministry of Citizenship, correspondence re: consultation re: disabled access
requirements of the Ontario Building Code.
i) Royal Canadian Legion, Elmvale Branch, correspondence re: request for 60
Township Pins for 2002 Dominion Senior Curling Championships (March 23,
2002).
j) Oro District Lions Club, correspondence re: Service Club information
signage.
k) Minutes of the Lake Simcoe Region Conservation Authority meeting of
Friday, December 14,2001.
14. BY-LAWS:
i) By-law No. 2002-015 Being a by-law to authorize the execution of a records
Transfer agreement between The Township of Oro-
Medonte and the Simcoe County District Health Unit.
j) By-law No. 2002-017 Being a by-law to authorize the execution of a letter of
agreement between The Township of Ora-Medonte
and Her Majesty, the Queen in Right of Ontario, as
represented by the Minister of Agriculture, Food and
Rural Affairs (MAFRA) re: OST AR Infrastructure
Funding.
1v
1151 Wanninster Side Road
RR # 3
Coldwater, Ontario LOK 1EO
January 21,2002
Township of Oro-Medonte
Box 100
Oro, Ontario
LOL 2XO
Attention: Mayor and Council of Oro-Medonte Township
This letter is to express my sincere appreciation for attending to my letter of September 30,
2001, regarding Municipal Drain No.7. The recommendations which were the result of council's
consideration of Report # PXS2001-24 , on November 28, have satisfied my concerns.
The detailed report which was attached to your letter of December 13, 2001 indicated a very
thorough inspection of Municipal Drain No.7, as well as an account of the work which was done
to ensure proper drainage. Please convey my compliments to Public Works Superintendent, Jerry
Ball.
I will look forward to receiving my annual report.
Very sincerely, "
~
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c.c. Public Works Superintendent
Jerry Ball, C.RS.S
-r
REPORT
9 Q,j
DEPT. REPORT TO: Council PREPARED BY:
#ES2002-03 Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Release of Securities - Public Works
Carriage Hills Resort Corp. -
C. OF W. Phases II and III - Site Plan
Agreement
MOTION #: DATE:
DATE: January 7, 2002
The Township of Oro-Medonte entered into a Site Plan Control Amending Agreement with Carriage
Hills Resort Corporation in May, 2000 for Phases II and III of the Carriage Hills development.
Carriage Hills Resort Corporation provided the Township with Letters of Credit for $189,000.00 for
Phase III, and $106,000.00 for Phase II.
Attached for Council's perusal is correspondence from the Township Engineer's, R.G. Robinson and
Associates Ltd., recommending the release of the securities being held by the Township.
Township staff have been circulated and there are no concerns with the release of the Letters of
Credit for Phases II and III.
..
1. THAT the Township Treasurer be authorized to release the Letters of Credit for Phase II in the
amount of $106,000.00, and Phase III in the amount of $189,000.00, in favour of Carriage Hills
Resort Corporation.
2. THAT Council receives and adopts this report.
~
Keith Mathieson
Ufr~~\0'!
Sf
........ 705 734 0764
FI~6 11/28 '01 08:07 ID:R. G. ROBINSON AND ASSOC FAX:705 734 0764
~
CONSULTING
ENGINEERS
AND
P1-ANNERS
e
Mr. K. Mathieson
Township of Oro-Medonte
P.O. Box 100
R.R. #1
Oro Station, Ontario LOL 2X0
"By Fax"
PAGE 1/ 2
RG RoBINSON
AN)) ASSOCIATES (BARRTE) l.:m
C\Q//"
November 26, 2001
Further to our recent site review at the aforementioned property, we herein make our
, reconunendation on the requested reduction of the Letter of Credit for Phase II and Phase m.
All the outstanding work for this site has been completed, and all other obligations have also
been completed.
We therefore reconunend that the Letter of Credit be released in its entirety.
If you require any further clarification, please contact the oodersigned.
AOl
File #12-95052-50
10 High Sn-w. Suite 200, Barrie. Ontario L4N JWJ (705) 721.9222 rtu: (705) 734..0764 mgpkm@rgra.Ot\.ca
@)
Dear:Mr. Mathieson:
RE: Township of Oro-MedoDte
Carriage Bills Resorts
Phase nand m Site Plan
Yours 1mly,
R.G. ROBINSON AND ASSOCIATES (BARRIE) LTD.
~!:E.T.
AML:jd
Copy: J. Zieleniewski
q b- I
TOWNSHIP OF ORO-MEDONTE
FROM THE TOWNSHIP PLANNER
REPORT TO COUNCIL
REPORT NO.: PD2002-5 COUNCIL
!!t
PREP ARED BY: Andria Leigh C. OF W.
DATE: January 21, 2001 MOTION
SUBJECT: Committee of Adjustment DATE
Decisions for January 17, 2002
'SUMMARY ,
Attached are the Planning Reports and Committee of Adjustment Decisions for the Consent
and Minor Variance applications that were heard at the Committee of Adjustment meeting held
on January 17, 2002. The last date for receiving an appeal to the above noted decisions is
Wednesday February 6, 2002.
Consent Applications
Minor Variance Applications
B-1I02 Robert and Jacqueline Nunn
Con 1, East Part of Lot 14 (Oro)
322 Line 1 N.
A-1/02 Steve Sutton
Conc 1, Plan 780, Lot 35
(Orillia)
71 Eight Mile Point Road
B-2/02 Gary and Ellen Kirstine
Con 8, Lot 16 (Medonte)
90 Moonstone Rd. E.
'"
B-3/02 Martin Franssen
Con 8, West Part Lot 16 (Medonte)
72 Moonstone Rd. E.
B-40/0 1 Monica Interior Design Limited
Con 7, Lot 1 (Oro)
~
~
B-15/01 Sherri-Ann Watt
Con 5, East Pt. Of Lot 13 (Oro)
1208 Line 5 N.
B-42/0 1 Rudolf and Monica Preising
Con 8, Part Lot 25 (Oro)
Respectfully submitted,
~~ -t-yt
Andria Leigh, Hons B.A.,AMCT, MCIP,RPP
Township Planner
c.A.O. COMMENTS:
DATE:
(,'
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Committee of Adjustment
Planning Report
January 17,2002
C\ '03
~
Robert and Jacqueline Nunn
B-1/02
Con 1, East Part of Lot 14 (former Oro)
The Proposal
The applicant is proposing a technical severance. The land to be conveyed has a lot
frontage of 30.02 metres (98.5 feet), a lot depth of 61 metres (200.13 feet), and lot area of
0.1831 hectares (0.45 acres). The land to be retained would have a lot area of 19.8
hectares (48.95 acres). The severance would permit Trans Canada to have take-offs for
the sales metres station located on the adjacent lands.
Policy
Official Plan Designation:
Zoning By-law:
Rural Residential
Rural Residential One Exception 23 (RURl *23) Zone
Comments
Roads Superintendent:
Building Department:
Planning Department Comments
Official Plan
The subject property is designated Rural Residential in the Township's Official Plan.
The intent of the Rural Residential policies is to recognize existing estate, country estate
and chalet residential developments in the Township. All development within the Rural
Residential designation shall occur by way of Plan of Subdivision/Condominium.
The application appears to meet all the requirements within the Township's Official Plan
as the subject property is the site of a Draft Plan of Subdivision.
Zonin2 By-law
The subject property is zoned Rural Residential One Exception 23 (RURl *23) in the
Township's Zoning By-law 97-95, as amended. Both the proposed and retained lots
would appear to comply with the Zoning By-law provisions.
1
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Recommendation
It is recommended that Consent Application B-lI02 be deferred until Committee
determines whether or not the application is for a boundary adjustment or a technical
severance for utility purposes.
Decision
BE IT RESOLVED that:
....
Moved by, Albert Pross seconded by Joe Charles
"That the Committee hereby DEFER Application B-l/02 to re-circulate the application
for a boundary adjustment and not a technical severance.
.. ...Carried"
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Township of Oro-Medonte Roads Department
q~1
Inspection Report for
v-t"onsent
Minor Variance
Other
File No.
/3~ I/oJ
,
Name of Owner NiA ,.v tV'
Address
J'::2:L LINC / r/.
Subject Property (16"" / , E F6' L-o'7 /v
c:~~ )
Date of Inspection ,L. . I 0 ~ t1
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Name of Road { ~...,.. ,-, o"J C::-
Surface of Road ~r-.c...Je. ~..o;;. c."\,..L.e~C-E:::; ~(i11E::..J;-
1. Site Lines, Township Road Poor_ GO<Xi./ Excellent
2. Site Lines, Subject Property Poor_ GO<Xi // Excellent
Drive
3. Drainage Poor_ GO<Xi_ Excelle~
4. Future Road Widening Required Yes_ NoL
5. Will Road Surface be adversely affected
If yes, Amount /'.....
NoL
Yes_
6. Future Drive to be located
Remarks:
Committee of Adjustment Meeting Date: y~ / 7 ~ .2..
e
e
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THE CORPORATION OF THE
148 Line 7 5.. Box 100
Oro, Ontario LOL 2)(0
TOWN~lIIP
-eff}-or7f6~
Phone (705)487-2171
Fax (705) 487-0133
www.township.oro-medonte.on.ca
Severance Review
Date: --S !rlJ"iA(l.l 8 I :A()()'J-
Application #: f?J - J / () :2.
Owner: 12-C~t:1Z.1 A-1J1) :r I\c~(>\f=,l. i J..>t J,Ju JJ i)
MAS #: 3 ?-~
Lot#: r=. I pt: 4-
LltJE- :1. lJDRTI+
Plan #: .,..-
Conc.#:
1-
~ The Township Building Dept. has reviewed this application.
~ Site inspection required and completed.
~ Proposal appears to meet minimum standards.
s:. Comments: _ P~T1 Spow co~ A-I '71}A'f:. of IPSpECLCJJ...J,J
L.f J.~lE- 70 vE12.., Pi Vv'/f'fE!lJ..<..r'lt-Y5 .
- AJD jJ.1rJ1te::{-~rJ A-iY;;JOlljll~C- PRDPec~t Sts<.<J'1'tG--E-
S'Ys7ti1~ V/'S/8LE,
Note: This is not approval for any particular development proposal.
...
ResM~~ ,
~onald M. Kolbe, CBCO, AScT, MAATO
Director of Building/Planning Development
Committee of Adjustment
Planning Report
January 17, 2002
(1 \ ..~
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\.
Gary and Ellen Kirstine
B-2/02
Con 8, Lot 16 (former Medonte)
The Proposal
The applicant is proposing a lot addition to adjacent property. The land to be conveyed
has a lot depth of 59.74 metres (196 feet), and lot area of 0.101 hectares (0.25 acres) as
identified as Part 3 on the attached plan. The land to be retained would have a lot
frontage of 77.42 metres (254 feet), a lot depth of 65.5 metres (215 feet) and a lot area of
0.40 hectares (1.0 acres)(and shown as Part 4 on the attached plan).
Policy
Official Plan Designation: Rural Settlement Area, Rural and Environmental Protection
Two Overlay
Zoning By-law: Agricultural/Rural (A/RU) Zone
Comments
Roads Superintendent:
Building Department:
Planning Department Comments
Official Plan
The subject property is designated Rural Settlement Area, Rural and Environmental
Protection Two Overlay in the Township's Official Plan. The general intent of these
policies is to ensure that settlement areas are developed in a logical and cost-effective
manner. These designations also prevent the intrusion of land uses, which are
incompatible with the rural character and/or resource activities ofthe area. The
designations also encourage the development of a multi-use recreational facility and
associated residential uses. The application will improve each lot and no new lot will be
created, therefore this application would be deemed to generally confonn to the policies of
the Official Plan.
1
Zoning By-law
The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By-
law 97-95, as amended. Both the proposed and retained lots would appear to comply
with the Zoning By-law provisions for lot frontage and lot area requirements.
Recommendation
It is recommended that Consent Application B-2/02 be granted subject to the standard list
of conditions.
Decision
BE IT RESOLVED that:
Moved by, Joe Charles seconded by Albert Pross
"That the Committee hereby GRANT Application B-2/02 subject to the following
conditions:
1. That the Township ofOro-Medonte Building Department approves ofthe
application, in writing.
2. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee Secretary or
appropriate registerable description.
3. That three copies of deeds be submitted to the Committee Secretary to be
stamped using F onn 2 as prescribed in the Planning Act.
4. That all Municipal taxes be paid to the Municipality.
5. That the conditions of consent imposed by the Committee be fulfilled within
one year from the date of giving of this notice.
6. That verification of the setback of 3 metres from the new property line from
the septic bed be provided by the surveyor.
.....Carried"
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THE. CORPORATION OF THE.
148 Line 7 S.. Box 100
Oro. Ontario LOL 2XO
TOWN~IIIP
rg/V-Of-:;l6~
Phone (705)487-2171
Fax (705) 487-0133
www.township.oro-medonte.on.ca
Severance Review
-:r fT7J ~I'tfl.::( q I ~ ~
I
Application #: ~ - ;L ( D::2..
G-A-rt1 kA1f), UL-f7}J 1t...I/lS(7Je
90 k-eo,Js:ro-rJI?:- ~ ~J
/6
Date:
Owner:
MAS#:
Plan#:
-
Conc.#:
8
Lot#:
~ The Township Building Dept. has reviewed this application.
~ Site inspection required and completed.
o Proposal appears to meet minimum standards.
~ Comments: ..- p J?op~:r? 51Jbl..V Coi.J15.(lA3..D If1 7111E- () r- 1A.>~.pec Tlo;J
ytJ;J. 3.., ~vUf~ 1t~t1 P12~fVF-ll-1'-1 L;{yVi:- (0 SEpTI '-
<0 lEt> . l.UJ~ te- '"7C> VfEfZ. ( F 1 .
PRo\,.};i:>E. Jy:;{l...{Pl~i.()7V of ~i31I5,4C...1L PFZwR. TO
APPf20\.flttt.- .
Note: This is not approval for any particular development proposal.
""
Respectfully submitted,
M
fr:JL- Ronald M. Kolbe, CBCO, AScT, MAATO
Director of Building/Planning Development
----
-
e
Township of Oro-Medonte Roads Department
Inspection Report for
L-Consent
Minor Variance
Other
File No. ~ - ;:2 .10;2
I
Name of Owner /1./ /Z 'S/In/ e
7/,7 -?J-1oCJ rI 5'70 /"'" c- ~-/) E
Address
Su bject Property
{J 61"1
L.o-;-- I?-
(rf FPUN C'e-)
9
/
Date of Inspection .:r ~ ~ - I 0 J:{ 00:<.
Name of Road C; \) l> It) ... YK J) ~ I ~
Surface of Road A .s P /-/ "'\ l. T
1. Site Lines, Township Road
2. Site Lines, Subject Property
Drive
3. Drainage
4. future Road Widening Required
Poor_
Good ~ Excellent_
Good ~ Excellent_
Good ~ Excellent_
Poor_
Poor_
Yes_
No~
If yes, Amount
"
5. Will Road Surface be adversely affected
6. future Drive to be located
Yes_
No~
Remarks:
N.t') ("' 0'\1 c.G:-~AJ ~
cj ~/!'>e.fQ
Jerry Ball, Roads Superintendent
Committee of Adjustment Meeting Date:
()&'-~ / 7 ~ :Z
/
C\ \0 l~
Committee of Adjustment
Planning Report
January 17, 2002
n\\Y
~\\[)'\ ,
Martin Franssen
B-3/02
Con 8, West Part Lot 16 (former Medonte)
The Proposal
The applicant is proposing two lot additions to adjacent parcels of land. The land to be
conveyed (Parcel A) has a lot area of 0.66 hectares (1.64 acres) and is being added to
Part 1 on the attached plan. Parcel B has a lot area of 0.009 hectares (0.24 acres) and is
being added to Part 2 on the attached plan. The land to be retained would have a lot
frontage of 73.5 metres (241 feet), a lot depth of approximately 121.9 metres (400 feet)
and a lot area of 0.87 hectares (2.15 acres).
Policy
Official Plan Designation: Rural Settlement Area, Rural and Environmental Protection
Two Overlay
Zoning By-law: Agricultural/Rural (A/RU) Zone
Comments
Roads Superintendent:
Building Department:
Planning Department Comments
Official Plan
The subject property is designated Rural Settlement Area, Rural and Environmental
Protection Two Overlay in the Township's Official Plan. The general intent of these
policies is to ensure that settlement areas are developed in a logical and cost-effective
manner. These designations also prevent the intrusion of land uses, which are
incompatible with the rural character and/or resource activities of the area. The
designations also encourage the development of a multi-use recreational facility and
associated residential uses. The application will improve each lot and no new lot will be
created, therefore this application would be deemed to generally conform to the policies of
the Official Plan.
1
I
q~ Ji:>
Zoning By-law
The subject property is zoned AgriculturallRural (AIRU) in the Township's Zoning By-
law 97-95, as amended. Both the proposed and retained lots would appear to comply
with the Zoning By-law provisions as they relate to lot frontage and lot area
requirements.
Recommendation
It is recommended that Consent Application B-3/02 be granted subject to the standard list
of conditions.
Decision
BE IT RESOLVED that:
Moved by, Albert Pross seconded by Ken Robbins
"That the Committee hereby GRANT Application B-3/02 subject to the following
conditions:
1. That the Township ofOro-Medonte Building Department approves of the
application, in writing.
2. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee Secretary or
appropriate registerable description.
3. That three copies of deeds be submitted to the Committee Secretary to be
stamped using Form 2 as prescribed in the Planning Act.
4. That all Municipal taxes be paid to the Municipality.
5. That the conditions of consent imposed by the Committee be fulfilled within
one year
from the date of giving ofthis notice.
.. ...Carried"
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-\~ 148 Line 7 S., Box 100
Oro, Ontario LOL 2XO
THE CORPORA nON OF THE
TOWN~IIIP
cg/V-~7#6~
Phone (705)487-2171
Fax (705) 487-0133
www.township.oro-medonte.on.ca
Severance Review
Date: S.4:t-.H."A1l1 '1) ^06')..
Application #: ~ - .1 /0 ~
,
Owner: HI41'?./I;J F/(1t?J55B--;J
MAS #: 7?--.. N.c.:rON S (ZJ1Jf: ~ ~I #
Lot#: w. pT. I G
Plan#:
Conc.#:
8
fi. The Township Building Dept. has reviewed this application.
Ja Site inspection required and completed.
~ Proposal appears to meet minimum standards.
a Comments:-. V~~"f .')J.JDGJ CDvEfl.€.D ,H-77I4E DF 1,05f'Ec";tlO,.J
- Do 1J1p1c::;:r- oj.) !tJ)-;o/;\)j,..)e- pf?-oP'&fl.ty j~A-G-C:. 5'yg;cn S'
Note: This is not approval for any particular development proposal.
Respectfully submitted,
~~ LelQ pp?-- .
fo1"2- Ronald M. Kolbe, CBCQ, AScT, MAATO
Director of Building/Planning Development
---
e
e
Township of Oro-Medonte Roads Department
Inspection Report for
vConsent
Minor Variance
Other
File No.
/].- )~~
,
Name of Owner
r-/2 .4-.rv' F5 F .;vi
Address 7;2
C H..c--l/ If>",.. '~.L ~
./
~.?-c-"/ :5''/'CJ/./ e- fl?-'D 6:;.-
Su bject Property
(Jo..-v 8,
tJ ?~
/~o ~ I"
~
Date of Inspection .::r 1'\ J - I 0 I 1. 0 0 ~
Name of Road C 0 (J I)) r Y I? J -/ ~
Surface of Road R. S P (I Fj L I
1. Site Lines, Township Road
Good ~ Excellent_
Poor_
2. Site Lines, Subject Property
Drive
3. Drainage
Good ~ Excellent_
Good t-- Excellent_
Poor_
Poor_
4. Future Road Widening Required
No t..---'
Yes_
If yes, Amount
"
5. Will Road Surface be adversely affected
No L.----
Yes_
6. Future Drive to be located
Remarks:
No (' A.. "I c..E::2I0 !;
N,~A1)
Jerry Ball, Roads Superintendent
I
Commirt.. of Adj_ Meeting Date' f~ /7 jt2
C\ \0' \~
, \Q
\ \
C\ \[;' \ \
Committee of Adjustment
Planning Report
January 17, 2002
Sherri-Ann Watt
B-1 5/01
Con 5, East Part of Lot 13 (former Oro)
The Proposal
The purpose of application B-15/01 is to facilitate the creation of a new lot for a specialized
agricultural use. The new lot is proposed to have a lot frontage of 121.9 metres (400 feet), a lot
depth of 328.1 metres (1076.4 feet) and a lot area of approximately 3.64 hectares (9.0 acres).
The land proposed to be retained would have a lot area of approximately 36.8 hectares (91
acres).
Policy
Official Plan Designation:
Zoning By-law:
Agricultural
Agricultural/Rural (AlRU) Zone
Comments
Roads Superintendent:
Building Department:
{tic c.""c.~>
Planning Department Comments
Official Plan
The subject property is designated Agricultural in the Township's Official Plan and
would therefore be subject to the policies of Section D2. The specific policies related to
the creation of new lots for agricultural purposes are found in Section D2.3.1:
D2.3.1 The creation of new lots for agricultural purposes
It is the intent of this Plan that land which is suitable for agricultural use be protected
from development and land uses that are unrelated to agriculture. It is also the intent of
this Plan to encourage the expansion, consolidation and development of new agricultural
uses since the agricultural sector greatly contributes to the economy of the municipality.
Council supports the development of new specialized agricultural uses in the Township as
these uses have the potential to increase the amount of agricultural activity in the
municipality. For the purposes of this Plan and the implementing Zoning By-law, a
specialized agricultural use is defined below:
1
1 no
C\ \y ()
''Means lands where a specialty crop such as tender fruits (peaches, cherries, plums)
grapes, other fruit crops, ginseng, vegetable crops, greenhouse crops and crops from
agriculturally developed organic soil lands are predominantly grown, usually resulting
from:
· soils that have suitability to produce specialty crops or lands that are
subject to special climatic conditions, or a combination of both and/or
· a combination of farmers skilled in the production of specialty crops, and
of capital investment in related facilities to produce, store or process specialty
crops
A specialized agricultural use may also consist of a market garden where the products
grown on the site are sold. For the purpose of this definition, a specialized agricultural
use does not include a fur farm. "
It is recognized that specialized agricultural uses generally do not require more than 10.0
hectares of land to be economically viable. Given the supply of 10.0 hectare lots in the
municipality on the date this Plan was adopted by Council, it is the general intent of this
Plan to direct new specialized agricultural uses to these lots.
However, the Township will consider an application to create a new lot for a specialized
agricultural use. In considering the creation of such lot, the Committee of Adjustment
shall be satisfied that:
a) The creation of the new lot can be justified. In order to assist the
Committee of Adjustment in this regard, the applicant shall submit a
fann!business plan that:
· describes how the soil conditions, climate and location are appropriate
for the proposed specialized fann use;
· describes the proposed specialized agricultural use in detail;
· describes the capital investment that is to be made;
· identifies the market area for the product; and
· forecasts the income that would be generated by the proposed use.
b) The applicant has experience and/or training with the type of
specialized agricultural use being proposed.
2
q~'o\
c) The new lot can be used for other agricultural uses that are common to
the area if the lot ceases to be used for specialized agricultural
purposes. In order to assist the Committee in this regard, the applicant
shall provide a report to the Committee prepared by a qualified
agrologist that:
. describes the nature of farming operations in the area; and
. describes what types of agricultural uses are feasible on the lot if the
use ofthe lot for a specialized agricultural use ceases.
d) The remnant parcel will continue to be viable for agricultural use after
the severance has been granted. To assist the Committee of
Adjustment in determining the viability of the remnant parcel, an
agricultural viability report shall be prepared by a qualified agrologist.
This report shall review:
. the quality of soils;
. the nature of the existing farming operation, if one exists; and,
. the potential uses ofthe remnant parcel.
e) The area of the lot to be created for specialized agricultural purposes
does not exceed approximately 25 per cent of the area of the lot from
which the severance is proposed.
f) The lot from which the severance is proposed has an area of at least
20.0 hectares.
g) The new lot has an area of not less than 4.0 hectares.
If the Committee of Adjustment is satisfied that the above criteria have been met, the
Committee shall include a condition of consent that states that the new lot be placed in
site-specific zone in the implementing Zoning By-law that prohibits the development of
residential uses. The re-zoning of the property to permit a residential use is strongly
discouraged by this Plan since the development of a residence would have an impact on
either the rural character of the area and/or the viability of agricultural operations in the
area. (Modification #29). The application appears to meet all the requirements within the
Township's Official Plan except the requirement for a Site Specific Zoning to prohibit the
development of a residential use. Committee should satisfy itself on the need for a residence on
the property.
'"
.J
Zoning By-law
i
C\~/1
The subject property is zoned Agricultural! Rural (A/RU) in the Township's Zoning By-
law 97-95, as amended. While both the proposed and retained lots would appear to
comply with the Zoning By-law provisions.
Recommendation
It is recommended that Consent Application B-15/01 be granted once Committee is
satisfied on the need for a residence on the specialized agricultural property and subject to
the standard list of conditions.
Decision
BE IT RESOLVED that:
Moved by, Ken Robbins seconded by Albert Pross
"That the Committee hereby GRANT Application B-15/01 subject the following
conditions:
1. That the Township of Oro-Medonte Building Department approves of the
application, in writing.
2. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee Secretary or
appropriate registerable description.
3. That three copies of deeds be submitted to the Committee Secretary to be
stamped using Fonn 2 as prescribed in the Planning Act.
4. That all Municipal taxes be paid to the Municipality.
5. That the conditions of consent imposed by the Committee be fulfilled within
one year
from the date of giving of this notice.
6. Applicant applies for Site Specific Rezoning, which would not pennit a
residential use on the severed parcel.
.. ...Carried"
4
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proposed severance
GreenMuse
1""t-.ttg11(>tU>\' \'
C"G,NIC """er.aJ!. "0
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Residence
1;
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:::.
iAAN$liIQIW-
OR~IC ....~y !'1B.n
TR"'N9ff\cN~\.
C!>G'UC VEoer>I.'LE
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Existing Farmstead.
Buildings
.
..
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" _'-. ,I
_~ EtMRONMENTAL
I' CbNSULT/NG, INC.
f\9ure 2
Legend:
Source: Zev Daniels Architect Inc.
Not 10 sca\e
~-
~
-
THE CORPORATION OF THE e
I
~\v/1)
148 Line 7 5.. Box 100
Oro. Ontario lOl 2XO
TOWN&tIIP
rgff)-orJf6~
Phone (705)487-2171
Fax (705) 487 -0133
www.township.oro-medonte.on.ca
Severance Review
Date: ~ AJ-jull'\11..Y 8 J .200;)...
Application #: ~ - I S- / Of
I
Owner: .....<)/f&RR I - A--,AJ,J w It--;/
MAS #: I ;ZOa
Lot#: e. P{:" /3
'-INE. S- !JofLTH- .
Plan#:
Conc.#:
s
~ The Township Building Dept. has reviewed this application.
~ Site inspection required and completed.
pi Proposal appears to meet minimum standards.
~ Comments:- APP(.Ic..A-TIo,J A-5 pf2.0po">~ J W1L.L If4vE"- /olb II1PACT ON
R~,JE.J) /..<)(5 .3E:i.<J~ SYS7'E.I"\ _ '.
....
- Pf?o~ )J.Jbt.J Co vGttGJ:> A=1 T7n E- of 1./oJ "b p€. C-iID,J
Note: This is not ap'proval for any particular development proposal.
Re~~~~
ft>~ Ronald M. Kolbe, ceco, AScT, MAATO
Director of Building/Planning Development
Committee of Adjustment
Planning Report
January 17, 2002,
~!~
Monica Interior Designs Limited
B-40/01
Con 6, Lot 1 (Fonner Township ofOro)
The Proposal
The applicant is proposing a boundary adjustment. The proposed boundary adjustment
will involve the adding of the Ironwood Trail on the original Plan of Subdivision to Lots 1
through to 17 on the proposed plan. Lots 64 to 75 on original Plan of Subdivision will
also be affected by the re-creation of Lots 18 to 27 on the proposed plan.
Policy
Official Plan Designation:
Zoning By-law:
Residential
Residential One (Rl) and Residential One Exception 94
(Rl *94)
Comments
Roads Superintendent:
,J1) Ct.,..) ;:'~/LtvS
Building Department:
Planning Department Comments
Omcial Plan
The subject property is designated Residential within the Sugarbush Settlement Node
Boundary in the Township's Official Plan. The intent of the residential designation within
the Sugar bush node is to permit development that shall be sited to maximize the
preservation of the site's topography, wherever possible. The application is deemed to
generally confonn with the policies of the Official Plan, as it would re-align Ironwood Trail
to preserve the site's topography and continue to permit residential development.
Zonin2 By-law
The subject property is zoned Residential One (Rl) and Residential One Exception 94
(RI *94) in Zoning By-law 97-95, as amended. The proposed boundary adjustments will
improve the residential lots within the Plan of Subdivision, and they would comply with the
provisions of the Township's Zoning By-law. On this basis the application would be
deemed to comply with the provisions of the Township's Zoning By-law
1
Recommendation
It is recommended that Consent Application B-40/0 1 be granted with the standard list of
conditions and completion of the revised subdivision agreement to the satisfaction of the
Township.
Decision
BE IT RESOLVED that:
Moved by, Albert Pross seconded by Joe Charles
"That the Committee hereby GRANT Application B-40/01 subject the following
conditions:
1. That the Township of Oro-Medonte Building Department approves of the
application, in writing.
2. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee Secretary or
appropriate registerable description.
3. That three copies of deeds be submitted to the Committee Secretary to be
stamped using Form 2 as prescribed in the Planning Act.
4. That all Municipal taxes be paid to the Municipality.
5. That the conditions of consent imposed by the Committee be fulfilled within
one year from the date of giving of this notice.
6. That the completion of the revised subdivision agreement be to the satisfaction
of the Township.
.. ...Carried
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METRIC
01 ST ANCES SHOWN ON
THIS F'l.AN ARE IN METRES
AND CAN BE CONVERTED
TO FEET BY DIVIDING BY
0'304B
PLAN OF SUBDIVISION
PARTS OF THE WEST HALVES OF LOTS I 8 2
CONCESSION 7
TOWNS HI P OF ORO
COUNTY OF SIMCOE'
. ,SCALE 1,1500
1988
".G. IIcIU"OfII O.L.'.
RETURN TO O.\.:!:
PLAN 51M-367
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THE CORPORATION OF THE
148 Line 7 S., Box 100
Ora, Ontario LOL 2XO
TOWN~IIIP
rg/V-Of7#6~
Phone (705) 487-2J7J
Fax (705) 487-0133
www.township.oro-medonte.on.Cd
Severance Review
Date: Y 1t1J"iM:{ q l ?-6oJ-
Application #: B - 40 / C) I
,
Lot#:
Mopl cA-
/VIA
I
I
/1J7E/l...J 0 R:.. 1) E'S I C-JJS L J M ITI2-};>
Owner:
MAS#:
Plan#:
Conc.#:
~. The Township Building Dept. has reviewed this application.
j8f Site inspection required and completed.
EI Proposal appears to meet minimum standards.
~ Comments: - LoiS 5p()w CCvEfl.€.D ,Jf1"I1I1E of IJJ5PECfl<YJ
- ?RDpc>SA-L CoVILL thW€::-. JJD Il'1P;f-c:r o;J A-1J3b/J.JIPC-
?~E.fLT1 ES .scwJ'\-C.E: '5 YSTE.rt$
Note: This is not approval for any particular development proposal.
Ret{:tQbRtted.
fotL Ronald M. Kolbe, C 0, AScT, MAA TO
Director of Building/Planning Development
Committee of Adjustment
Planning Report
January 17,2002
:d/
C\ \0 ;:)
Rudolf & Monica Preising
B-42/01
Con 8, Part Lot 25 (former Ora)
The Proposal
The purpose of application B-42/0l is to facilitate the creation of a new lot. The new lot is
proposed to have a lot frontage of 76.2 metres (250 feet), a lot depth of 106.68 metres
(350 feet) and a lot area of approximately 0.81 hectares (2.01 acres). The land to be
retained would have a lot area of approximately 63.13 hectares (156 acres).
Policy
Official Plan Designation:
Zoning By-law:
Rural & Environmental Protection Two Overlay
Agricultural/Rural (A/RU) Zone
Comments
Roads Superintendent:
Building Department:
Planning Department Comments
Official Plan
The subject property is designated Rural and Environmental Protection Two Overlay in
the Township's Official Plan and therefore would be subject to Section D3.3.1. The
Environmental Protection Two Overlay does not apply to the lands associated with the
proposed severance and therefore does not apply. The creation of new lots for residential
purposes.
In accordance with the intent of this Plan is to maintain the rural character of the
Township, only a limited number of new lots for residential purposes can be created in
the Township. In this regard, only one new lot can be severed from a lot in the Rural
designation that has an area of at least 36 hectares or is the whole of an original Township
lot provided a lot has not been severed from the parcel after March 26, 1973.
In considering the creation of a new lot for residential purposes, the Committee of
Adjustment shall be satisfied that the proposed lot:
1
a) will have a minimum lot area of 0.4 hectares;
b) is of an appropriate size for residential use, with such a residential use generally not
requiring a lot size that exceeds 2.0 hectares;
c) fronts onto an existing public road that is maintained year round by the Township or
County;
d) will not cause a traffic hazard as a result of its location on a curve or a hill; and,
e) can be serviced with an appropriate water supply and an appropriate means of sewage
disposal.
\ ~J
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The application appears to meet all the requirements within the Township's Official Plan.
Subject to approval by the Township building and roads departments in regard to
subsections (d) and (e).
Zoning By-law
The subject property is zoned Agricultural/Rural (AlRU) in the Township's Zoning By-
law 97-95, as amended. Both the proposed and retained lots would appear to comply
with the Zoning By-law provisions. As they relate to lot frontage and lot area
requirements.
Recommendation
It is recommended that Consent Application B-42/01 be granted subject to the standard
list of conditions.
Decision
BE IT RESOLVED that:
Moved by, Ken Robbins seconded by Joe Charles
"That the Committee hereby GRANT Application B-42/01 subject the following
conditions:
1. That the Township of Oro-Medonte Building Department approves of the
application, in writing.
2. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee Secretary or
appropriate registerable description.
3. That three copies of deeds be submitted to the Committee Secretary to be
stamped using Form 2 as prescribed in the Planning Act.
2
4. That all Municipal taxes be paid to the Municipality.
~~
5. That the conditions of consent imposed by the Committee be fulfilled within
one year from the date of giving of this notice.
.. ...Carried"
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Township of Oro-Medonte Roads Department
Inspection Report fOf
'-"'Consent
Minor Variance
Other
File No. /5 - '-;,2,,h/
Name of Owner /'.4' l:. I .r /.v &-
Address
Su bject Property
Cr..,/'/ $ rc ~ "C ;2 so-
/
0/Z-o)
Date of Inspection lvJ1..~' /15 //1 2.
d f
Name of Road L~ S AtftA_tL ,4 c~~n:J~
Surface of Road '?/r...ur/'/ tblJ
t
1. Site Lines, Township Road
G<m~
Good--LL. /
GoodL
POOf_
2. Site Lines, Subject Property
Drive
3. Drainage
POOf_
POOf_
4. Future Road Widening Required
Yes_
Excellent_
Excellent_
Excelleny-
NoL
If yes, Amount / "
NO/
/M ftJf1P rdJ
5. Will Road Surface be adversely affected Yes_
6. Future Drive to be located /77/)/ -.if X/71 cL 0/-
Remarks:
-!o{)
/"J'?!') />"V1
/' U./(l H' ff /- ./YL.n dL.<L_
~.el
Jerry 11, Roads Superintendent
Committee of Adjustment Meeting Date: y-"..; / 7 ~ :z
c\'o ,~
-
.
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148 Line 7 S.. Box 100
Oro, Ontario LOL 2X0
THE CORPORATION OF THE
TOWN~llIP
C!JffJ-OfJ#6~
Phone (705)487-2171
Fax (705) 487-0133
www.township.oro-medonte.on.ca
Severance Review
Date: T !t1-H..tftRy S J 'ze>02.
Application #: & - 4-;Z 101
.
MAS#:
Rvt))e>LF AJ..J1::> HOI-JiC-A (,)Rt=-{SlPC-
}J!A
Owner:
Lot#: ~T. :;2..5
Plan#:
Conc.#:
8,
~ The Township Building Dept. has reviewed this application.
~ Site inspection required and completed.
~ Proposal appears to meet minimum standards.
~ Comments: - ?~~""1 :)Ji}Ow Cc:>V'FItE:..}::) ~T1f1e:. of /~$pcc.77oN ,
- vI:-G-trti1tc>,.) G-J20r.JT1t jNJ)iVlPi75-:::' wrs1"" S~(L CoJ-f])Il!o,J 5
- Vl/./'~u:. TrJ V Efttl'( }J~~fl..+(.... wA1~5
- IJD Ikp4cA OP 1tb"':J(J1~/tJ (j.... P~'7 ~~ $ ys~5
Note: This is not approval for any particular development proposal.
Respectfully submitted,
~~
fc#- Ronald M. Kolbe, CBCO, AScT, MAA TO
Director of Building/Planning Development
Committee of Adjustment
Planning Report
January 17, 2001
. .;t
q'v/5
Stephen Sutton
A-I/02
Cone. 1, Plan 780, Lot 35 (former Orillia)
The Proposal
The applicant is requesting relief from the maximum height requirement for a detached
garage from 4.5 metres (14. 7 feet) to 5.18 metres (J 7 feet).
Policy
Official Plan Designation:
Zoning By-law:
Shoreline
Shoreline Residential Exception (SR *2) Zone
Comments
Roads Superintendent:
Building Department:
Planning Department Comments
1. Does the variance conform with the general intent of the Official Plan?
The subject property is designated Shoreline in the Township's Official Plan. The general
intent of the policies is to preserve the character of the shoreline residential area and to
protect the natural features of the shoreline. The proposed construction of a detached
garage would be on the opposite side of the house from the lake and would not appear to
impact on the character of the shoreline residential area. On this basis, the application
would appear to conform with the general intent of the policies of the Official Plan.
2. Does the variance conform with the general intent of the Zoning By-law?
The subject property is zoned Shoreline Residential Exception (SR*2) in the Township's
Zoning By-law 97-95, as amended. The intent of the By-law is to establish setback
requirements, which assist in preserving the natural shoreline and maintaining the
residential character. The proposed garage would enlarge the height of the garage so it
1
C\ \/~
could be in conformity with the roof style of the existing honse. The proposed variance ..
would appear to maintain the intent of the Zoning By-law provisions.
3. Is the variance desirable for the appropriate development of the lot?
Upon site inspection it is evident that the garage would not appear to affect any of the
surrounding neighbours as a tree line buffers the neighbouring property; therefore the
variance would be desirable on the lot.
4. Is the variance minor in nature?
The proposed variance is considered minor in nature on the basis that the variance would
not appear to affect any surrounding neighbours.
Recommendation
It is recommended that Minor Variance Application A-1I02 be approved subject to the
standard conditions of approval.
Decision
BE IT RESOLVED that:
Moved by, Joe Charles seconded by, Ken Robbins
"That the Committee hereby GRANT Minor Variance Application A-1I02 subject to the
following conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by 1) pinning the footing and 2) verifying in writing
prior to pouring of the foundation by way of survey/real property report prepared by
an Ontario Land Surveyor.
2. That the setbacks be in confonnity with the dimensions as set out in the application, as
submitted;
3. That the Township ofOro-Medonte Building Department approve of the application, in
writing;
4. That the appropriate building pennit be obtained from the Township's Chief Building
Official only after the Committee's decision becomes final and binding, as provided
for within the Planning Act R.S.O. 1990, c.P. 13;
5. That all municipal taxes be paid to the Township ofOro-Medonte
... ..Carried.'
2
~
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------
q~/~\
Township of Oro-Medonte Roads Department
Inspection Report for
Consent
<--Minor Variance
Other
File No. 4- / ~.2
I
Name of Owner -;;:; t...< TJO'/
Address 71 {:';f I --:?7;7, /..('. /}, "'./~
(j
Subject Property I'JRr-" 78 () ~ "7 -S- (&..t:-I loLl fl9 ')
Surface of Road
I(MA I () It> ;Z J
Ii /
f ~i~/- ,~A
~rI t"~ -
[i-.
I
Date of Inspection
Name of Road
1. Site Lines, Township Road
Poor_
Good_ Excellent_
2. Site Lines, Subject Property
Drive
3. Drainage
Poor_
Good_ Excellent_
Poor_
Good_ Excellent_
4. future Road Widening Required
Yes_
No_
"
If yes, Amount
5. Will Road Surface be adversely affected
Yes_
No_
6. Future Drive to be located
A"" j .
Remarks: ":,,."/.,( :l .{?/.(tf 4 /71 t'rr /' L>-n-c Ir( A~ , /J /J iT d/.J
~~
Jerry Ball, Roads Superintendent
Committee of Adjustment Meeting Date: Y?- I 7 ~;Z
e
e
C\\J,L\~
148 Line 7 S.. Box 100
Oro. Ontario LOL lXO
THE. CORPORATION OF THE.
TOWN~lIIP
(!j/V-or7#b~
Phone (705)487-2171
Fax (705) 487-0133
www.township.oro-medonte.on.ca
Minor Variance Application
Date: 3' MJ.J..AR ~I e J .J...OD.J....
Application #: A- - I/O ~
,
MAS#:
S (E. plff:.-tl S u TiC> ,J
"7 I C4. G-+Fi M i LF2- D D J/J I f?.b+b
.
Owner:
Lot#: 85"
Plan #: "7 B 0
Conc.#:
15""
~ The Township Building Dept. has reviewed this application.
o Site inspection required and completed.
J:8( Proposal appears to meet minimum standards.
~ Comments: - Re.viS6JJ C{),J~ T"/(0\0t i.(),J ))L-It1JS RE:q(..ufCE:.J)) ON C-E.
ttPPfl.o04 LIS 6-ilA7...r"'\'lSJ) ~
- PrppCt~{dr,J It -1/D:2. A-S P(j2cpoSeD LVIL-L iMVE..}JO
a:A=EcT oJ.,) -.S'EWA-Ci-E. $' Y S1t:.n. ".
Note: This is not approval for any particular development proposal.
Res~c:u~ _
f'V"L Ronald M. Kolbe, CBCO, AScT, MM TO
Director of Building/Planning Development
REPORT
~C/'\
\
DEPT. REPORT TO: Council PREPARED BY:
#ES2002-06 Keith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
1391191 Ontario Limited Keith Mathieson
(Martin Brook Subdivision)
C.OFW. Part of Lot 15, Concession 2
(Formerly T,ownship of Oro)
MOTION #: - Subdivision Agreement - DATE:
Plan of Subdivision
DATE: 43T -91'045 January 25, 2002
,.,^
Martin Brook Subdivision is an eighteen (18) lot development located at Line 2 North and Ski Trails
Road consisting of one street, Martin Brook Crescent.
The Township of Oro-Medonte and 1391191 Ontario Limited entered into a Pre-Servicing Agreement
in July, 2001, allowing the developer to construct required municipal services.
The developer (Mr. Veenstra) has fulfilled all conditions of the draft plan approval. The Township
Engineer has approved the engineering drawings and all financial requirements of the Subdivision
Agreement have been fulfilled with the Township. Mr. Veenstra is now requesting the Township to
enter into a Subdivision Agreement, which is attached for Council's perusal.
1. THAT the Township of Oro-Medonte enters into a Subdivision Agreement with 1391191 Ontario
Limited to construct an eighteen (18) lot subdivision on lands described as Parcel 15-1, Section
51-0ro-2, Part of Lot 15, Concession 2 (Formerly Township of Oro), designated as Parts 1,2,3,
4,5,6,7,8,9,10,11 and 12 on Plan 51R-24174, being all of PIN #58544-0050 (Lt), Township of
Oro-Medonte.
2. THAT the Clerk prepares a By-law to enter into a Subdivision Agreement between the Township
of Oro-Medonte and 1391191 Ontario Limited for Council's consideration.
3. THAT Council receives and adopts this report.
::~ submitted,
Keith Mathieson
!CfJf\vUJ-f--J'
· ~.\ \\:) d-'
SUBDIVISION AGREEMENT
- between -
1391191 ONTARIO LIMITED
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
DESCRIPTION OF LANDS
Parcel 15-1, Section 51-0ro-2
Part of Lot 15, Concession 2 (Formerly Township of Oro)
Designated as Parts 1, 2, 3, 4,5,6,7,8,9,10,11 and 12, Plan 51R-24174
Being all of PIN #58544-0050 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
January, 2002
By-Law No.
('
~~/(f
TOWNSHIP OF ORO-MEDONTE
n
qc"j
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1
General Requirements
Part 2
Lands, Plans and Representations
Part 3
Requirements Prior to Execution of Agreement
Part 4
Pre-Construction Requirements
Part 5
Financial Requirements
Part 6
Staging or Phasing
Part 7
Construction Requirements
Part 8
Building Permits and Occupancy
Part 9
Maintenance and Acceptance
Part 10
Default Provisions
SCHEDULES
Schedule "A" - Description of Lands Being Subdivided
Schedule "S" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" - Itemized Estimate of Cost of Construction of Each
Part of the Works
Schedule "E" - List of Lots Unsuitable for Sui/ding Purposes
and/or Requiring Special Attention
Schedule "F" - Development, Charges
Schedule "G" - Deeds and Easements to be Conveyed
Schedule "H" Parkland
Schedule "I" Declaration of Progress and Completion
Schedule "J" General Location and Lot Grading Plans
Schedule "K" - Standard Township Letter of Credit
2
TOWNSHIP OF ORO-MEDONTE
C\ C'~
THIS AGREEMENT made as of the
day of
,2002.
BETWEEN:
1391191 ONTARIO LIMITED
(hereinafter called the "Developer")
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 "S" and collectively are herein referred to as
the "said lands";
AND WHEREAS a Draft Plan with Conditions (43-T-91 045) 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:
3
PART - 1
f\G~
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 Oro-
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 Ministry of the Environment, the Ministry of
Natural Resources, the Nottawasaga Valley Conservation Authority,
the Ministry of Transportation - Ontario, Trans Canada Pipelines,
the Township of Oro-Medonte sewage approval authority, 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;
4
1.1.11
1.1.12
It is the Developer's responsibility to ensure that all drawing
changes occurring throughout the approval process are
incorporated into the digital submission;
C\c,\.;
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
layerllevel. 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 layerllevel 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 layerllevel. The lot number
will be inserted as descriptive text;
LA YERlLEVEL PL LTTEXT
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 is not necessary that the digital data be in Universal Transverse
Mercator (UTM) co-ordinates since the registration process will
automatically convert any unit grid to the "Ontario Base Mapping
UTM Co-ordinate System";
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
aforementioned and any costs incurred by the Township will be the
responsibility of the Developer or individual lot owner);
5
NOTE: In the case of lots built on after the sale or transfer by the Developer, the n c.,')
Township reserves the right to request a similar certificate as required under V\
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.
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:
19 Earl's Court
THORNTON, Ontario
LOL 2ND
Or by Facsimi,le Transl11ission to:
(705) 458-0938
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
DeveJoper( 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.
1.7. LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple, free and clear from all
encumbrances unto the Township, lands for municipal purposes other than
roads, which shall be mutually agreed upon by the Developer and the Township
or to make a cash payment in lieu thereof, as provided by the Planning Act and
6
~~
required by the Ministry of Municipal Affairs and Housing. The Developer also C\ C/ .
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 Deeds. 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
rights-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-ways shall be set out in Schedule "G" of this
Agreement.
1.9. HYDRO AND BELL CANADA
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the Hydro supplier and from Bell
Canada, stating that the Developer has entered into a satisfactory agreement
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 Ontario Hydro and/or Bell
Canada, 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 there are no
schools planned within the subdivision, or within walking distance of it, and that
enrolment within the designated public school sites in the community is not
guaranteed, and that pupils may be accommodated in temporary facilities and/or
be directed to facilities outside of the 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 shall 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
R. J. Burnside and Associates Ltd. dated November, 2001.
In addition, the Developer shall notify each prospective purchaser of a lot(s) that:
a) Elevated levels of sodium in individual wells may exceed 20 mg/L and each
individual well should be tested for sodium to make persons on sodium
restricted diets aware.
7
This clause is to be placed in any agreements of purchase and sale entered
into with respect to any lots on this Plan of Subdivision. The clause shall
remain in perpetuity as lots may not be sold or built upon for some time.
CAGs"
1 ,13. TRANS CANADA PIPELINE
1.13.1 Marker posts are to be placed at 30 metre intervals and at the corners of the
property lines where they intersect Trans Canada Pipelines' easements to
delineate the location of the easement. The owners of Lots 6, 7 and 8 will
maintain the easement, but the easement will be registered on title and the use
restricted;
1.13.2 During construction of the site, temporary fencing must be erected and
maintained along the limits of the right-of-way by the developer/owner(s) to
prevent unlimited access by heavy machinery. Trans Canada's District Office in
Maple (416-832-2967) must be given three (3) business days advance notice
before the commencement of construction on the site;
1.13.3 Vehicle barriers, of a design acceptable to Trans Canada, shall be installed
where public roads cross the right-of-way;
1.13.4 The Developer agrees to grant to Trans Canada, any additional easements they
may require for the continued safe operation of their pipelines;
This clause is to be placed in any agreement of purchase and sale entered into
with respect to Lots 6, 7 and 8 on this Plan of Subdivision. The clause shall
remain in perpetuity as lots may not be sold or built upon for some time.
1.14. WARNING TO PROSPECTIVE LOT DEVELOPERS
1.14.1 The Developer shall provide copies of Clauses 1.1.11, 1.1.12 and Note of 1.1,
1.10, 1.11, 1.12, 5.5a, 5.7.2, 7.3, 7.9, 7.16, 8.1,8.2,8.3,8.4,8.5 and 9.8 to each
prospective purchaser of a lot(s);
1.14.2 The Developer shall provide copies of Clause 1.13: Trans Canada Pipeline, to
each prospective purchaser of Lots 6, 7 and 8.
1.15 SAVE HARMLESS
1.15.1 The Developer covenants and agrees with the Township, on behalf of itself, its
successors and assigns, to indemnify and save harmless the Township, its
servants and agents, from and against any and all actions, suits, claims and
demands whatsoever, which may arise either directly or indirectly, by reason of
any work performed by the provisions of this Agreement;
1.15.2 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.
1.16 ENUREMENT
This Agreement shall endure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
8
"
PART-2
C\. G ,:\0
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 Ministry of
Municipal Affairs and Housing, 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 following:
Drawing No.
Description
51-M
GOOD 34 GEN
GOOO 34 STM
GOOD 34 LGR
GOOD 34 PDI
GOOD 34 POI
GOOD 34 P02
GOOD 34 P03
M-Plan
General Servicing Plan
Storm Drainage Plan
Overall Lot Grading Plan
Park Development Plan
Martin Drive STA 0+000 to 0+360
Martin Drive STA 0+360 to 0+647
Ski Trails Road STA 0+000 to 0+220
Block 21 - Drainage Easement
2no Line Oro-Medonte STA 0+000 to 0+260
Block 20 and Block 23 - Drainage Easements
Fire Protection Details
Erosion and Sediment Control Plan
Details - Sheet 1
Details - Sheet 2
GOOD 34 P04
GOOD 34 P05
GOOD 34 FPI
GOOO 34 ESP
GOOD 34 SDI
GOOD 34 SD2
2.4.3. All Plans and Specifications submitted to and accepted by:
Ministry of the Environment
Hydro Service Company
Township of Oro-Medonte sewage approval authority, or
subsequent approval authority
2.4.3.4 Nottawasaga Valley Conservation Authority
2.4.3.5 Trans Canada Pipe Lines
2.4.3.6 County of Simcoe
2.4.3.7 Ministry of Natural Resources
2.4.4. All applicable Township By-laws, including any applicable Site Plan
Control By-laws;
2.4.3.1
2.4.3.2
2.4.3.3
9
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:
Schedule "A" -
Schedule "S" -
Schedule "C" -
Schedule "0" -
Schedule "E" -
Schedule "F" -
Schedule "G" -
Schedule "H" -
Schedule "I"
Schedule "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 Suilding Purposes and/or
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
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.
10
qc'\ \
PART-3
Ire;
C\ C,\
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 "0" and "F";
3.1.5. Construction/Engineering 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 acknowledgement of conformity with
general design concepts of the Township;
3.1.6. Hydro - 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 Engineer'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, Bell 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;
11
3.1.11. Ministry etc. Approvals - obtain and file with the Township confirmation
approvals from the following:
3.1.11.1.
3.1.11.2.
3.1.11.3.
3.1.11.4.
3.1.11.5.
3.1.11.6.
Ministry of Environment
Hydro Service Company
Township of Oro-Medonte sewage approval authority
Nottawasaga Valley Conservation Authority
Trans Canada Pipelines
County of Simcoe
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.
12
It
~cX)
PART-4
C\ c:' ~
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 Ministry of Municipal Affairs and
Housing 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 Engineer's approval of the following, all to
be in accordance with the Township's approved Engineering Standards:
i) the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Hydro, Telephone and Gas;
iv) the road 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 and detention facilities;
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, including
emergency phone numbers;
4.1.5. Scheduling of Works
Prior to the start of construction, the Developer shall supply, for the
Township Engineer, 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.
13
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineer, Ministry of
Natural Resources, and the Nottawasaga Valley Conservation Authority.
Prior to any grading or construction commencing on the site or final
approval and registration of Subdivision, the Developer's Engineer shall
submit the plan for approval by the Township Engineer, Ministry of Natural
Resources and the Nottawasaga Valley Conservation Authority. The plan
shall detail the means whereby erosion and siltation and their effects will
be minimized on the site during and after the construction period. The
Developer agrees to carry out, or cause to be carried out, the work
approved in the Plan, and such work will be certified, in writing, by the
Developer's Engineer and provided to the Township Engineer, Ministry of
Natural Resources and the Nottawasaga Valley Conservation Authority.
The Developer agrees to maintain all erosion and siltation control devices
in good repair during construction.
J
o...c:\')
4.1.7. Sigos
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
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. 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.
14
4.2. BREACH OF AGREEMENT
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.
15
C\c~
PART.5
:^x
C\c./\
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 Five Thousand Dollars ($5,000.00) upon submitting a Plan to the Township
for consideration to be applied to account of such costs. As accounts are
received from the Township planner, lawyer, and engineer, they will be paid by
the Township and then submitted to the Developer for reimbursement within thirty
(30) days, so that the initial deposit will again be built up to enable the Township
to pay the next accounts as they are received. 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 hydro 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 lot;
b) The Developer agrees to pay for all arrears of taxes or other Township or
provincial charges, taxes or levies outstanding against the property herein
described before the approval of the said plan is obtained. The Developer
further undertakes and agrees to pay taxes levied on the said lands, on
the basis and in accordance with assessment and collector's roll entries
16
until such time as the lands herein being subdivided have been assessed
and entered on the collector's roll according to the Registered Plan;
C\c~
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.
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, education 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 "0" 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
alternative methods of providing securities. Prior to depositing the
securities, the Developer's Engineer shall submit an estimate of the cost of
the works to the Township Engineer for approval. When the cost estimate
has been approved, it will be set out in Schedule "0" of this Agreement
and will become the basis for the limits of the securities;
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
17
f\
Schedules, then the security provided for above shall be increased to an ~ G
amount equal to the tendered contract price;
d) Application - any Letter of Credit or security filed with the Township Is based
upon the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and Security received by the
Township may be used as security for any item or any other matter, which
under the terms of this Agreement, is the responsibility of the Developer,
including, without limiting the generality of the foregoing, payment of
engineering, legal, planning, and development charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under the terms of this Subdivision Agreement, as well as development
charges and costs to acquire lands or interest therein;
e) Default - if, in the event of default of the Developer under any of the
provisions of this Agreement, it becomes necessary for the Township to
realize on its security or deposits, then the Township (its servants, agents or
sub-contractors) shall, if the Township so elects, have the right and privilege
at all times to enter upon the said lands for the purpose of repairing or
completing any work or services required to be completed by the Developer
under this Agreement;
f) Exceeding 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 itself, its successors and
assigns, agrees to indemnify and save harmless the Township from and
against any and all claims, suits, actions and demands whatsoever which
may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to
complete the work or services required to be completed under this
Agreement, provided the subject matter of such action, suits, claims or
demands was not caused intentionally or through gross negligence on the
part of the Township, its servants or agents or sub-contractors;
h) 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
18
C\GY
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%) of the completed work
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;
5.7.2. Final Occupancy and Lot Grading 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 retumed.
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 holdbacks, and that there are or will be no claims for
liens or otherwise in connection with such work done or materials supplied for or
on behalf of the Developer in connection with the subdivision.
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 rights, 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 and the Township, 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 atter
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 Mil/ion Dollars ($5,000,000.00) inclusive
comprehensive general liability and such policy shall contain:
a) a cross-liability clause;
b) product/completed operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required 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 CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
19
5,10.3
~\
Notice of Cancellation - a provision that the insurance company agrees t~C./
notify the Township within fifteen (15) days in advance of any
cancellation or expiry of the said Insurance policy.
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.
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 limits - the issuance of such Policy of
Insurance shall not be construed as relieving the Developer from
responsibility for other or larger claims, if any, and for which it may be
held responsible.
20
PART-6
~ry'
C\.CJD
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
percent (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 ofthe 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.
21
,
PART.7
qc ,'d'')
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
building 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 calliper 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 ofthe Township Engineer.
22
q (/'JY
7.5. BLASTING
Before any blasting 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 buming is not
permitted by the Township. The Developer agrees to deliver a copy ofthis
clause to each and every builder obtaining a building permit for any lot or part of
a lot on the said Plan of Subdivision.
23
7.10. INSPECTION OF CONSTRUCTION OF SERVICES
~~
qC10
During construction of the services, the Township may inspect the work in hand
al 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 othelWise, 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 "''', 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..cJetermined,
liquidated damages, the sum of Fifty Dol/ars ($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 ttie 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.
24
The Township, in addition to all other remedies It may have, may refuse to issue C\ L j..t
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.
7.13. SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It Is Intended that the hydro, street lighting and sewer system will be constructed,
inspected and approved prior to the completion of the other works;
Building permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Underground Services).
The two (2) year maintenance period for the underground services will
commence when this Certificate is issued;
During the maintenance period, the Developer shall be responsible for the normal
operation and maintenance, and all repairs for the services noted in the
Certificate;
If, during the two year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Developer's securities, as set out under Clause 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 to be prepared by the
Developer's Engineer and approved by the Township Engineer and the Township
of Oro-Medonte sewage approval authority, or subsequent approval authority.
Some fill and re-grading of lots may be necessary during or after building
25
construction. The Grading Plan shall show all existing and final grades on lot Q,c, ':J^.x.
corners. as well as mid lot elevations, where deemed necessary by the Township
Engineer;
It Is understood and agreed by the parties hereto that drainage of surface water
on the IOt8 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 Developer, and any subsequent lot owner, shall not
construct any works, remove or permit to be removed, any soil from the said
swale/easement, 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 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;
The Developer's Engineer shall prepare a Drainage Plan for the site for the
approval of the Township Engineer and the Township of Oro-Medonte sewage
approval authority, or subsequent approval authority. Generally, the drainage
facilities will consist of open ditches within the subdivision or storm sewers in
certain locations to provide a satisfactory drainage outlet. The Plan will show
how water will be controlled on and off the site and will include swales and/or
easements where necessary.
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;
The parkland must be completed to the satisfaction of the Township prior to
issuance of 25% of the total building permits allowed in the subdivision.
7.18. DEFINITIONS
For the purposes of this Subdivision Agreement:
26
(i)
~i
The term "Underground Services" shall mean the storm drainage works C\ c..
(including culverts, storm sewer and detention pond), underground electrical
distribution system and street lighting serving the Plan of Subdivision, as
more particularly described in Schedule "C" to this Subdivision Agreement;
(II)
The term "Certificate of Substantial Completion and Acceptance
(Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Underground 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
(Underground Services) shall not constitute an assumption of the
Underground Services by the Township;
(iii)
The term "Certificate of Maintenance and Final Acceptance (Underground
Services)" shall mean a Certificate issued by the Township upon the
recommendation of the Township Engineer confirming that the 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 (2) year maintenance period, and issuance of the said Certificate
shall constitute final acceptance and assumption of the 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 "C", 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 (2) year 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 (Underground
Services) or a Certificate of Substantial Completion and Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement
require;
(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certificate of Maintenance and Final Acceptance (Underground Services) or
a Certificate of Maintenance and Final Acceptance (Aboveground Services),
as the provisions of this Subdivision Agreement require.
27
PART - 8
C\ (,;0<\
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 sewage approval authority, or
subsequent approval authority, 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 ofthe 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 well.
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
sewage approval authority, or subsequent approval authority, in
28
writing, that the foregoing works have been carried out in
accordance with the approved plans noted above.
C\ C- :9
The Developer further agrees to construct all works required under Clause
7,16 and as shown on the approved General Location and Lot Grading
Plan GOOD 34 LGR, Storm Drainage Area Plan GOOD 34 STM and Erosion
Control Plan GOOD 34 ESP, all prepared by R. J. Burnside and Associates
Ltd. to the satisfaction of the Township of Oro-Medonte sewage approval
authority, or subsequent approval authority, and the 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 permit.
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 municipal building
permits, when applied for, will be issued in respect of the lots or blocks shown on
the Plan.
Notwithstanding the foregoing, no building permits will be given and the
Township may refuse any application until:
(i) The Township of Oro-Medonte sewage approval authority, or subsequent
approval authority, or Ministry of the Environment approvals have been
obtained and submitted to the Township. The Township of Oro-Medonte
sewage approval authority requirements are set out in Clauses 7.16 and
8.1;
(Ii) The storm sewer systems have been installed, tested and approved by the
Township Engineer and he has issued his Certificate of Substantial
Completion and Acceptance (Underground Services);
(Hi) Plans for remaining underground services such as Bell Telephone, Hydro
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
Developer'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 issuance of a Building Permit;
(viii) All dead trees within the limit of the Plan have been removed;
29
(ix) Arrangements have been made and approved by the Township for
Municipal Address System numbering as set out in Clause 8.4;
~c/~\
(x) The parkland must be completed to the satisfaction of the Township, prior
to the Issuance of 25% of the total building permits allowed in the
development;
(xi) The Traffic and Street Name signs have been installed and approved by
the Township Engineer;
(xli) Construction of fire reservoir to be completed prior to issuance of building
permits;
(xii) Any development charges have been paid in full in accordance with the
applicable development charge by-laws, enacted pursuant to the
Development Charges 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 Developer's Engineer must submit a letter to
the Township Engineer outlining the measures to be taken to correct the
problems on the lot. This proposal must be approved prior to applying for a
building permit.
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 and/or builder, or lot owner shall install the aforementioned number at
a location approved by the Township. The Developer agrees to provide a copy of
this clause to each and every builder or lot owner in advance of the sale of such
lot(s}.
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;
(ii) The underground hydro, telephone lines, gas mains and street
lights have been installed and approved by the Township Engineer;
30
(iii)
q(/j6~
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 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 Permit;
(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.
8.6. OCCUPANCY LIQUIDATED DAMAGES
Notwithstanding the above, 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
satisfactorily installed. If the Developer fails to pay to the Township, monies
owing under this clause within thirty (30) days of the date of the bill, the money
may be deducted from the cash deposit or Letter of Credit or other deposited
security.
31
PART-9
C\v??
MAINTENANCE AND ACCEPTANCE
9.1. FINAL ACCEPTANCE OF 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 (Underground Services) be issued. It should be noted that the
Certificate of Maintenance and Final Acceptance (Underground Services) can be
applied for by the Developer two (2) years after the receipt of the Certificate of
Substantial Completion and Acceptance (Underground Services);
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 the 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
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.
32
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 T ownship'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.
$20.00/hr.
$12.00/m3
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 covenants that he will make no claims against the
Township for such interference or damage, providing the work is carried out in a
normal and reasonable manner.
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 Ontario land Surveyor approved by the
Township that after the completion of the subdivision work, he has found or
replaced all survey monuments, standard iron bars and iron bars shown on the
registered plan. The statement must be dated within two months of the date of
acceptance.
9.6. FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
On receipt of the Developer'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;
33
qG~
.
(l~
Notwithstanding anything hereinafter set out, the Township shall not be obligated C\ G' )
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 entitled to an effective release in a
form suitable for registration in the County Registry Office for each lot or block
which is in conformity with the overall grading plan for the lands or such variance
therefrom as has been approved by the Township Engineer;
Every such release shall operate as a discharge of all levies hereunder by the
Township in respect to each lot or block described in the release, with the
exception of the responsibility for drainage as outlined in Clause 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.
34
PART - 10
DEFAULT PROVISIONS
C\co/
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, the Township reserves the right to
realize upon any securities deposited on or on behalf of the Developer to recover
costs incurred by the Township, in accordance with the provisions of Section 5.6 of
this Subdivision Agreement, andlor to restrict or refuse issuance of building and/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
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.
1004. CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the
Township in satisfying the obligations of the Developer in the event of default of the
Developer under the terms of this Subdivision Agreement, together with any costs,
charges or expenses incurred by the Township in enforcing the obligations of the
Developer under this Agreement, shall be a first charge or lien against the said
lands in accordance with the provisions of Section 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 AND DELIVERED this
day of
A.D. 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
Title
Per
Title
OWNER'S NAZME: =' ONTARIO LIMITED
P~
Hielke Veenstra
Title ~'t;.....,o.t;.... A"-
Per
Title
35
SCHEDULE "A"
C\ c')1
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
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:
Parcel 15-1, Section 51-Oro-2
Part of Lot 15, Concession 2 (Formerly Township of Oro)
Designated as Parts 1,2,3,4,5,6,7,8,9,10,11 and 12, Plan 51R-24174
Township of Oro-Medonte, County of Simcoe
Being all of PIN #58544-0050 (Lt)
36
NOTE:
SCHEDULE "B"
~c1b
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
51-M
PLAN OF SUBDIVISION
37
"
NOTE:
SCHEDULE "C"
C\u3~
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
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, including ditches, culverts and storm sewers;
Street and traffic signs;
Underground hydro, telephone, and street lighting;
Parkland;
Fire reservoir.
All of the above works are incorporated on to the following engineering drawings
prepared by R. J. Burnside and Associates Ltd., Project No. 6269, Municipal
Affairs No. 43T-91045.
The drawings listed below were stamped as accepted by the Township, (
Engineers, R.G. Robinson and Associates (Barrie) Ltd., 011:];;"" :z 1..1 ' 2002. fJI1
51-M
GOOO 34 GEN
GOOD 34 STM
GOOO 34 LGR
GOOD 34 POI
GOOD 34 POI
GOOO 34 P02
000 34 P03
GOOO 34 P04
GOOO 34 P05
GOOO 34 FPI
GOOO 34 ESP
00 34 SOl
00 34 SD2
M-Plan
General Servicing Plan
Storm Drainage Plan
Overall Lot Grading Plan
Park Development Plan
Martin Drive STA 0+000 to 0+360
Martin Drive STA 0+360 to 0+647
Ski Trails Road ST A 0+000 to 0+220
Block 21 -:- Drainage Easement
2nd Line Oro-Medonte ST A 0+000 to 0+260
Block 20 and Block 23 - Drainage Easements
Fire Protection Details
Erosion and Sediment Control Plan
Details - Sheet 1
Details - Sheet 2
38
SCHEDULE "0"
qG>-\O
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
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 I
A) Roadway construction complete, including clearing
and grubbing, excavation, granular road base
materials, concrete curb and spillways and two lifts
of asphalt............... ................................................................ .$208,01 0.00
B) Storm drainage works complete, including storm
sewers, ditch inlet catchbasins, culverts, detention pond,
topsoil, seed and mulch, sod, ditching and siltation and
erosion control devices........................................................$ 79,355.00
C) Miscellaneous items such as street name and
regulatory signs................................................................$ 600.00
D) Electrical supply, including street lights,
control panels and duct crossings........................................ ....$ 41,300.00
E) 9-strand post and wire and chain link fencing........................$ 20,542.00
F) Fire reservoir............................................................. ....$ 20,000.00
SUB.TOTAL
$369,807.00
G) Allowance for Engineering and supervision.........................$ 36,980.70
TOTAL
$406,787.70
7% G.S.T.
$ 28,475.14
GRAND TOTAL COST
$435,262.84
39
SCHEDULE "E"
O lJ\
\Gf
NOTE:
1\ is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
See Clause 1.12 - Ministry of the Environment - elevated levels of sodium
in individual wells may exceed 20 mg/L and each individual well should be
tested for sodium to make persons on sodium restricted diets aware.
See Clauses 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 6, 7 and 8 - fencing requirements as per Trans Canada Pipelines.
Soakaway pits 0.4 m x 1.2 m x 5.8 m to be placed at each downspout.
40
SCHEDULE "F"
tJ,0f
C\G'
NOTE:
1\ Is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
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;
(Ii) 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.
41
SCHEDULE"G"
~')
C\c
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
DEEDS AND EASEMENTS TO BE CONVEYED:
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Developer.
All documents to be registered, shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
1.0. LANDS TO BE CONVEYED TO THE TOWNSHIP
1.1. Block 19
1.2. Block 20
1.3. Block 21
1.4. Block 23
1.5. Block 26
1.6. Block 27
1.7. Block 28
1.8. Block 29
1.9. Block 30
Fire Reservoir
Drainage Easement
Drainage Easement
Drainage Easement
Future Road Widening
Future Road Widening
Daylighting and Road Widening Triangle
0.3 m Reserve
0.3 m Reserve
Plan 51-M
Plan 51-M
Plan 51-M
Plan 51-M
Plan 51-M
Plan 51-M
Plan 51-M
Plan 51-M
Plan 51-M
2.0. DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
2.1. Block 24
2.2. Block 25
Drainage Easement
Drainage Easement
Plan 51-M
Plan 51-M
42
SCHEDULE "H"
,\0~L\
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
PARKLAND:
$3,400.00 in lieu of parkland.
..
~
43
SCHEDULE "I"
/
IC",
"-\' j
C\C/
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
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 no 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;
44
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.
C\ c/-\1.9
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 pre-determined liquidated damages, the sum of Fifty Dollars
($50.00) for each and every calendar day the said services are behind schedule
of construction provided such delay is not caused by strikes or acts of God or
additional work being required by the Township.
"II
..
DEVELOPER
Seal or Witness
Date
45
SCHEDULE "J"
/\-
C\C~
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 1391191 ONTARIO LIMITED.
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 Agreement shall be delivered
to the solicitor for the Township.
46
C\ cJ~
TOWNSHIP OF ORO-MEDONTE
FROM THE TOWNSHIP PLANNER
IRE PORT TO COUNCIL
L~]
REPORT NO.:
PD2002-6
COUNCIL
'*'
PREPARED BY:
Andria Leigh
C.OFW.
..
DATE:
January 21, 2001
MOTION
SUBJECT:
Zoning By-law Amendment DATE
Martin Brook Estates Subdivision
1391191 Ontario Ltd.
Concession 2, Part of Lot 15 (Oro)
.1
I BACKGROUND/ANALYSIS
In April 1990 By-law 90-44 was adopted on the above noted property to rezone the property to a
Country Residential (CR) Zone to reflect the draft approved subdivision and as required by the draft
plan conditions. In order to ensure that multiple dwellings did not occur until such time as the
subdivision agreement' was executed and the subdivision registered a Holding Provision was
placed on the property. As Council is now considering the subdivision agreement, it is
recommended that the Holding Provision be removed to permit the development of the subdivision.
, RECOMMENDATION
"
I
1. It is recommended that this report be received and adopted; and
2. That the Clerk bring forward the appropriate by-law for adoption.
Respectfully submitted,
.--1~ ~rk
Andria Leigh, Hons B.A.,AMCT, MCIP,RPP
Township Planner
C.A.O. COMMENTS:
DATE:
~~
C.A.O. J
~AP1-.
DEPT. HEAD 1iJ
Oro- Medonte Township Logo
~€/
NOTICE
Please be advised that the Township of Oro-Medonte Regular Committee of the
Whole meeting scheduled for February 27, 2002 at 9:00 a.m. will now
commence at 1:00 p.m. to accommodate previous commitments of various
Council members on that day.
Jennifer Zieleniewski
CAO
FJ-0 -~c#
V Q..~~
A I- v
~L (J>. \oq
COnstituency Offices:
o 14 Coldwater Road VVest
P.O. Box 2320
Orillia, Ontario l3V 6S2
Tel. (705) 326-3246
1 -800-304-734 1
, Fax (705) 326-9579
::..
,):. ~..g, 482 Elizabeth Street
~\.~:i"Midland, Ontario l4R 118
.....1JTel. (705) 526-8671
- ~# Fax. (705) 526-8600
.....r Weekdays: 9 am - 1 pm
~'
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....-~.. .--
Ontario
LEGISLATIVE ASSEMBLY ///
/
GARFIELD DUNLO.(M.P.P '\~ '\'. '\
Simcoe North
January 10, 2002
Mayor Ian Beard
Township of Oro-Medonte
Box 100
Oro, Ontario LOL 2XO _ t\
DearMaYOr~
Once again ROMA will meet during the annual Good Roads
Convention at the Royal York Hotel in Toronto. The 2002 dates
are February 24 to 27.
If! can be of assistance in making appointments with any ofthe
ministries on behalf of your Council, please do not hesitate to
contact my office, with an outline of the issues you wish to discuss
and the names of those who wish to attend the appointment.
Appointment dates and times will be set 2 weeks prior to the
Conference, however, you should submit your request as soon as
possible.
Looking forward to hearing from you.
.
Garfield Dunlop, P
SIMCOE NORTH
GD:jc
o MAIUNG ADDRESS: Garfield Dunlop, M.P.P., 22nd A. Mowat Block, 900 Bay St, Toronto. ON M7A 112 Fax (416) 325-9035
E-mail: garf.eld_dunlop@ontla.ola.org, Website: www.garf.elddunlopmpp.com
*
o~
AHO Conference
. TrENTION: : '.
, ,~ f!i ' ~ .~,
. lieads of touncll, Uembers of touncil ana Senior1\llunicipal Staff
Dear Municipal Colleague:
Municipal government in Ontario has a good track record when it comes to planning and building for the future.
2003 will see some major changes with the implementation of a new Municipal Act - a significant piece of
legislation that has been a long time coming. It will require a great deal of priority work and decision-making by
municipalities.
I can tell you that the 2002 AMO Annual Conference will equip you with information and ideas that will help you
to get ready for the some of the new Act's key legislative provisions such as licensing, user fees, service
management boards and the tax free option. I can also assure you that the conference will continue to profile new
ways of doing municipal business while providing quality services, not the least of which is water and waste water
delivery .
Topics will be timely, networking opportunities will be extensive and there will be significant opportunities to hear
members of a new provincial cabinet and perhaps even the new Premier. With over a dozen workshops being
planned and several policy' discussion forums, delegates will get an incredible return on their registration
investment.
Early registration to the 2002 AMO Annual Conference ensures a spot is reserved for you - and early registration
provides you with a conference you know to be an invaluable resource at a savings of over 30%.
Enclosed you will find an AMO conference registration form. Please complete the registration form and return
to AMO with payment to take full advantage ofthe savings.
Reservations for accommodation at the Fairmont Royal York can be made as follows:
..
National Reservations:
Direct to hotel:
Direct fax:
Toll free 1-800-441-1414
416-863-6333
416-860-5008
'.-
Group Rate Code:
CAM02
Make sure you register today!
Yours very sincerely,
\M1~
Ann Mulvale, AMO President
I IAmomainserverld_amopdclUserlCorporatlAMOAnnua/ConferenceslCon f.2002lRegistration Ipresidenc 1stReg./etter_2002.wpd
llri.
Minister of Agriculture,
Food and Rural Affairs
~
Ontario
Ministre de I' Agriculture,
de l'Alimentation
et des Affaires rurales
\OU
Queen's Park, Ontario
M5S 1 B3
Dear Head of Council:
"'"
Thank you for your application under Option 1 Round 1 of the Ontario Small Town and
Rural (OST AR) Development Infrastructure initiative.
As part of the Ontario governmenfs commitment to ensuring the safest water and
infrastructure in Canada, up to $50 million in interim funding for all Option 1 Round 1
projects was announced by the Honourable' Jim Flaherty, Minister of Finance, on December
14, 2001. The interim funding reflects 50 per cent of the provincial share of estimated
eligible costs for Option 1 capital projects. I am pleased to confmn that your municipality
will be receiving interim funding for your Option 1 project.
This investment puts the health and safety of the people of Ontario lust and demonstrates
our government's willingness to find new ways of doing business. The interim funding for
water systems upgrades will also provide municipalities with some predictability as they do
their budget planning for 2002.
To allow for the transfer of funding to your municipality a letter of agreement, to be
executed by your municipality and returned to the OST AR Secretariat, wi1l be forwarded
under separate cover to the CAO of your municipality.
Should you have further questions about OST AR, please do not hesitate to contact the
OST AR Secretariat toll free at 1-866-306-7827.
,.
..
** TOTAL PAGE.01 **
TOWNSHIP OF SEVERN
d/ \
\0
THE CORPORATION OF THE TOWNSHIP OF SEVERN
P.O. Box 159, Odilia, Ontario, L3V 6J3
January 21, 2002
\
Township of Oro-Medonte
Box 100
Ora, Ontario
LOL 2XO
ATTENTION: Marilyn pennycook
Clerk
Dear Ms. pennycook:
RE: Coldwater and District Community Centre
This will acknowledge receipt of your correspondence, dated
January 15, 2002, with respect to the above-noted matter. The
Township of Severn would like to formally request consideration
for funding for the fiscal year 2002 for capitol costs associated
with the upkeep and repair of the Coldwater and District
Community Centre.
Therefore, would you please confirm your municipality's continued
contribution to this ongoing worthwhile partnership program, as
follows:
.
annual contribution formula, an amount from tax revenues
equal to 10% of the total electors registered in your
Township multiplied by two dollars and fifty cents ($2.50)
per capita
...
16,227
1623 x $2.50 = $4,057.50
Municipal Office: 1024 Hurlwood Lane
Telephone: (705) 325-2315 Fax: (705) 327-5818
~
-2-
~ ~r ra/
\OVV
We will be preparing a draft formal agreement for your review
early in 2002 and it is our hope to have a signed partnership
agreement in place between our Townships in the near future.
If you require any further information, please do not hesitate to
contact me_ Thank you for your ongoing support of this facility.
""
Yours truly,
Ac2Adn f. a.Vt,V
Sharon R. GCke
Deputy Clerk
/srg
c.c. Liz Sulker
.
~
Board of Directors' Meeting BOD-12-01
Minutes
December 141", 2001
Adjourn
/ok~ -;
Chair Bridge extended best wishes for a safe and happy Holiday Season to all.
Moved by: Larry Corrigan
The meeting adjourned at 10:45 a.m.
Roy Bridge
Chair
D. Gayle W od
Chief Administrative Officer/
Secretary Treasurer
15
Page 7 of 7
\40
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-006
Being a By-law to Accept and Dedicate for Use as a Public Highway
Certain Lands within the Township of Oro-Medonte
WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, Section 191(1). as amended,
authorizes the Council of a municipality to pass a by-law for acquiring any lands
required for the purposes of the municipality;
~
AND WHEREAS Section 297(1) of the said Municipal Act, provides for the
establishing and laying out of highways;
AND WHEREAS Council of the Township of Oro-Medonte deems it expedient
to acquire the hereinafter described lands and to dedicate the said lands for use as
a public highway;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby
enacts as follows:
1. That the acquisition of the lands described as follows be and is hereby
authorized and approved:
Parts, 4, 5, 6, 7, 8, 11, 13, 14, 15, 16, 17, 18, 19 and 20 on Reference Plan
51 R-30888 (geographic Township of Oro), in the Township of Oro-Medonte,
County of Simcoe.
2. That upon the completion of a transfer to the Corporation of the Township of
Oro-Medonte of the lands described in Paragraph 1 above, the said lands shall
be deemed to be dedicated for use as a public highway.
3. That the Mayor and Clerk be and are hereby authorized to execute all
such documentation as may be required to give effect to the foregoing.
4. That this by-law shall come into force and take effect on the date of its final
passing.
Read a first and second time this 6th day of February, 2002.
.
Read a third time and finally passed this
day of
2002.
..,
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
Clerk, Marilyn Pennycook
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
\1-\10
BY-LAW NO. 2002-008
Being a By-law to Amend By-law No. 2000-084 (To stop up, close and sell Part of
O'Brien Street, Registered Plan No.1 (geographic Township of Oro). Township of
Oro-Medonte, County of Simcoe, designated as Parts 1, 2, 3, 4, 5, 6 and 7, Plan
51R-28368).
WHEREAS pursuant to Section 297 of the Municipal Act, R.S.O. 1990, c.MA5, as
amended, Council is empowered to stop up and close any part of a highway;
""
AND WHEREAS, Part of O'Brien Street, Registered Plan No. 1 (geographic
Township of Oro), Township of Oro-Medonte, County of Simcoe, designated as
Parts 1, 2, 3, 4, 5, 6 and 7 Plan 51 R-28368, was stopped up and closed on
January 25, 2001;
AND WHEREAS, Part 7, Plan 51 R-28368, stopped up and closed on January 25,
2001, is a part of a travelled road (Barrie Terrace);
AND WHEREAS Council of The Corporation of the Township of Oro-Medonte
deems it necessary to remove the stop up and close from Part 7, Plan 51 R-28368;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1 . That By-law Number 2000-084 be amended by removing all reference to
Part 7, Plan 51 R-28368 from the By-law and Schedule 'A' to By-law No.
2000-084 attached thereto;
2. That this by-law shall come into force and take effect on the date of its final
passing.
Read a first and second time this 6th day of February, 2002.
Read a third time and finally passed this
day of
,2002.
.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
"
Mayor, Ian Beard
Clerk, Marilyn Pennycook
\ ~ C)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-009
Being 8 By-law to Accept and Dedicate for Use 8S 8 Public Highway
Certain Lands within the Township of Oro-Medonte
WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, Section 297(1) provides for
the establishing and laying out of highways;
AND WHEREAS Council of the Township of Oro-Medonte deems it expedient to
acquire the hereinafter described lands and to dedicate the said lands for use as a
public highway;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the lands described as Part of Registered Plan No.1 (geographic Township
of Oro), Township of Oro-Medonte, County of Simcoe, more particularly
designated as Part 7 on Registered Plan 51 R-28368, shall be deemed to be
dedicated for use as a public highway (Barrie Terrace).
2. That this by-law shall come into force and take effect on the date of its final
passing.
Read a first and second time this 6th day of February, 2002.
Read a third time and finally passed this
day of
2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
-'
....
Clerk, Marilyn Penny cook
Illol/I
TilE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LA W NO. 2002- 010
A By-law to Rezone Concession 2, Part of Lot 15, Township of Oro-Medonte (formerly
Township of Oro), County of Simcoe. (1391191 Ontario Ltd. - Martin Brook Estates
Subdivision)
WIIEREAS Zoning By-law 97-95 was enacted to regulate the use of land and the character,
location, and use of buildings and structures within the Township of Oro-Medonte;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it
appropriate to f1lrther amend By-law 97-95, as amended;
AND WHEREAS this By-law is in confonnity with the Official Plan of the Township of Oro-
Medonte;
..
AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O., 1990 c.
P. 13, to the Council of the Corporation of the Township ofOro-Medonte to exercise such powers.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE ENACTS AS FOLLOWS:
1. Schedule "A9" to By-law 97-95 for the Township of Oro-Medonte, as amended, is hereby
further amended by rezoning those lands shown on Schedule "A", attached hereto, from the
Rural Residential One Holding (RURI (H)) Zone to the Rural Residential One (RUR1) Zone.
2. Schedule "A", attached, fonns part of this By-law.
3. This By-law shall take effect and come into force pursuant to the provisions of and regulations
made under the Planning Act, R.S.O., 1990 c. P. 13.
BY-LAW READ A FIRST AND SECOND TIME, THIS 6TH DAY OF FEBRUARY 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
, 2002.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
('
Mayor - Ian Beard
'*
Clerk - Marilyn Pennycook
. .
\L\d,,,d-
Sc))edule 'A' to B)7-Law
This is Scbedule 'A' to U:r-Law
J:'assed the da:r of
Ma)'or
Clerk
FP(H) BOUNDARY
I I Subject Property I I I ,
SKI TRAILS ROAD
A/RU
-----------
IR ~R(/
.
Z
~R(/
~
tI
f?R PROPERTY REZONED FROM THE RURAL RESIDENTIAL ONE HOLDING (RURl(H)) TO
~ THE RURAL RESIDENTIAL ONE ZONE
1000
I
2000m
I
@
1:30,000
To\\'nsJJip of Oro-Medonte
HI E CORPORA TJON OF THE TOWNSHIP OF ORO-MEDONTE
\ q e/ /\
BY-LA W NO. 2002- 0 1 1
nEJNG A nV-LAW TO DEEM CERTAIN PLANS OF SUBDIVISION OR PARTS
TIIEREOf' NOT TO BE REGISTERED PLANS OF SUBDIVISION WITHIN THE
MEANING OF TIlE PLANNING ACT R.S.O. 1990 c. P.l3, AS AMENDED.
WHEREAS it is considered desirable in order to control adequately the development of certain
areas within the Township of Oro-Medonte, that certain existing Plans of Subdivision be deemed
no! ro be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act
R,S,O, 1990 c. P. 13, as amended.
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has the
authority pursuant to Section 50(4) of the Planning Act, R.S.O. 1990 c.P. 13, as amended, may by
by-law designate any Plan of Subdivision or part thereof that has been registered for eight years or
more, to not be registered Plans of Subdivision for the purposes of Section 50(3) of the said
Planning Act R.S.O. 1990 c. P. 13, as amended.
..
AND WHEREAS the plans of subdivision or portions thereof set forth in Schedule "A" attached
hereto have been registered in the Registry Office for the Registry Division of the County of
Simcoe for eight (8) years or more.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE ENACTS AS FOLLOWS:
I. That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto
pursuant to Section 50(4) of the Planning Act R.S.O. 1990 c.P. 13, as amended, are hereby
deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the
Planning Act R.S.O. 1990 c.P. 13, as amended.
2. That Schedule "A" attached hereto fOnTIS part of this by-law.
3. This By-law shall come into force and effect subject to the provisions of Section 50(26), (28),
and (29) of the Planning Act, R.S.O. 1990, c.P. 13 as amended.
BY-LAW READ A FIRST AND SECOND TIME, THIS 6th DAY OF FEBRUARY 2002.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS
DAY OF FEBRUARY, 2002.
THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
A
.."
Mayor - Ian Beard
Clerk - Marilyn Pennycook
\4 e. /~r
SCHEDULE "A" TO BY-LAW 2002-
'l1\e f()lIowing Registered Plan is situuted in the Township ofOro-Mcdonte in the County of
Simcoe:
Registered Plan 918, Lots 4 and 5
..
)
iliff
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY -LAW NO. 2002- 012
,y . \ ' \
Being 8 By-law 10 amend By-law No. 97-95 as amended, Ihe Zoning By-law for Ihe Corporation of
Ihe Township of Oro-Madonle with respecllo Concession 2, Lol 41 and East Part of Lot 42, RP
51R-030187, Part 1 (Medonle) (Settlers Ghost Golf Course).
WHEREAS the Council of the Corporation of Ihe Township of Oro-Medonte Is empowered to pass By-laws
to regulate Ihe use of land pursuanllo Section 34 of Ihe Planning Acl, 1990 R.S.O. c. P13.
AND WHEREAS the owners of Concession 2, Lot 41 and East Part of Lol 42, RP 51R-Q30187, Part 1
(Medonte), In the Township of Oro-Medonte have filed an application with the Township of Oro-Medonte to
amend By-law No. 97-95 as amended;
AND WHEREAS the passage of such a by-law will conform with the Official Plan;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonle deems it advisable to
amend By-Law 97-95 as amended;
...
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows:
1. Schedule A14 to Zoning By-law No. 97-95 as amended, is hereby further amended by
rezoning Concession 2, Lot 41 and East Part of Lot 42, RP 51R-30187, Part 1 (Medonte)
from the Agricultural/Rural (AlRU) Zone to the Private Recreational Exception 148
Holding Provision (PR*148(H)) and Environmental Protection (EP) Zones as shown on
Schedule 'A' attached to and forming part of this By-law.
2. By-law 97-95 is further amended by adding the following section:
.*148 lot 41 and East Part of Lot 42, Concession 2. RP 51R-30187, Part 1
(Medonte)
Notwithstanding any other provision in this By-law, a minimum 5 metre wide buffer
strip is required adjacent to the naturally occurring forest edge on the north part of the
lands denoted by the symbol *148."
3. This By-law shall come into effect upon the date of passage hereof, subject to the
provisions of Sections 34 (30) and (31) of the Planning Act, R.S.O. c. P13.
4. The Holding Provision shall not be removed until Council has executed a Site Plan
Agreement and it is registered on title.
BY-LAW READ A FIRST AND SECOND TIME, THIS 6th DAY OF FEBRUARY, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF FEBRUARY, 2002.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
(.
Clerk, Marilyn Pennycook
..,
14YJ~
Schedule 'A' to BJ7.La\\'
2002-012
Tbis is Scbedule 'A' lo U;,'-Law
2002-012
)')nssed 1he
da;,' of
JU 3;,'or
,
Clerk
I
I
II
43
42
1
41
V<9".
'Og
40 1
~ AREA TO BE REZONED FROM THE AGRICULTURALIRURAL (AIRU) ZONE TO TH, E PRIVATE
~ RECREATION EXCEPTION 148 (PR*148(H)) HOLDING ZONE
II AREA TO BE REZONED FROM THE ENVIRONMENTAL PROTECTION (EP) ZONE to THE PRIVATE
RECREATION EXCEPTION 148' (PR*148(H)) HOLDING ZONE
~ AREA TO BE REZONED FROM THE AGRICULTURAL/RURAL (A/RU) ZONE TO THE ENVIRONMENTAL
~ PROTECTION (EP) ZONE.
4
,.
500 0
k--J.
1000
I
1 :30,000
2000m
j
@
. TO\\T))ship of Oro-Medonte
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002- 013
~q'\
\ \.)
8olno II By-law 10 amend By.law No, 97-95 as amended, the Zoning By.law lor the Corporation of
tho Townahlp of Oro-Medonte wllh respect 10 Part of Lots 1 and 2, Concession 4 (Oro)
(Hora..hoe Valley Lands Ltd,),
WHEREAS the Council of the Corporation of the Township 01 Oro-Medonle Is empowered 10 pass By-laws
to regulate the use of land pursuant to Section 34 of Ihe Planning Act, 1990 R.S,Q, c, P13.
AND WHEREAS the owners of Part of Lots 1 and 2, Concession 4 (Oro), in the Township of Oro-Medonte
have filed an application with the Township of Oro-Medonte to amend By-law No. 97-95 as amended;
AND WHEREAS Ihe passage of such a by-law will conform with Official Pian Amendment Number 12,
which is in effect;
i
AND WHEREAS the Council of the Corporation of Ihe Township of Oro-Medonte deems it advisable to
amend By-Law 97-95 as amended;
...
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows:
1. Schedule A 15 to Zoning By-law No. 97-95 as amended, is hereby further amended by
rezoning Part of Lots 1 and 2, Concession 4, from the Agricultural/Rural Exception
(AlRU*15) Zone to the Residential One Exception 147 Holding Provision (R1*147(H)) Zone
and the Open Space (OS) Zone as shown on Schedule 'A' attached to and forming part of
this By-law.
2. By-law 97-95 is further amended by adding the following section:
*147 Part of Lots 1, and 2, Concession 4 (Oro)
Notwithstanding any other provision in this By-law, the following provisions apply to lands
within Part of Lots 1 and 2, Concession 4 and Zoned R1*147 as shown on the schedules
to this By-law:
Lot #
Minimum Lot Frontage Minimum Setback from 3:1 Slope
1
2
3
4
5
6
7
8
9
10
11
12
13
29 metres
20 metres
66 metres
15 metres
66 metres
29 metres
33 metres
33 metres
33 metres
32 metres
33 metres
33 metres
25 metres
8.0 metres
8.0 metres
8.0 metres
0.0 metres
0.0 metres
0.0 metres
18.0 metres
18.0 metres
8.0 metres
0.0 metres
0.0 metres
0.0 metres
0.0 metres
..
,;;;;
3.
This By-law shall come into effect upon the date of passage hereof, subject to the
provisions of Sections 34 (30) and (31) of the Planning Act, R.S.O. c. P13.
.,
4. The Holding Provision shall not be removed until Council has executed a Site Plan
Agreement and it i$ registered on title.
BY-LAW READ A FIRST AND SECOND TIME, THIS 6th DAY OF FEBRUARY, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF FEBRUARY, 2002.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
Clerk, Marilyn Pennycook
\l\ q''()
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'fowusbil' of OJ"o.~edoJ\te
""^" ",c<I"''''' ,,(NROo," 20,," TO
PROfERT< ""''''i"'' ~i'i'~~~~~(R\. ,,11'''' 20""'
1I<E F>''''''''TIi' L ",csrn"" 15 ,NROo, 5) 20~S TO
PROfERT< ""'0,,"0 ,,01' "" AOpJCIJ\- T'JRAllRuM
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THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-014
Being a By-law to Authorize the Execution of a Subdivision Agreement
between The Corporation of the Township of Oro-Medonte
and 1391191 Ontario Limited (Martin Brook Subdivision)
WHEREAS draft approval for a plan of subdivision on Parcel 15-1, Section 51-0ro-2,
Part of Lot 15, Concession 2 (formerly Township of Oro), designated as Parts 1, 2, 3, 4,
5,6,7,8,9,10,11 and 12 on Plan 51R-24174, Township ofOro-Medonte (formerly
Township of Oro), County of Simcoe, has been obtained from the Ministry of Municipal
Affairs and Housing (43T-91045);
AND WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990,
Chapter P.13, as amended, provides that municipalities may enter into agreements
imposed as a condition to the approval of a plan of subdivision and such agreements
may be registered against the land to which the subdivision plan applies;
..
.,.,
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 dated February 13, 2002, a
copy of which is attached hereto and forms part of this By-law as Schedule 'A'.
2. That the Subdivision Agreement dated February 13, 2002, 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 6th day of February, 2002.
..
By-Law read a third time and finally passed this
day of
,2002.
.
.
'"
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
Clerk, Marilyn Pennycook
l(j / _ /
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-015
/
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A RECORDS TRANSFER
AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND THE SIMCOE
COUNTY DISTRICT HEALTH UNIT
WHEREAS the Municipal Act, R.S.O., 1990, c.MAS, Section 210, Paragraph 150, as amended,
allows the Council of a Municipality to pass a by-law to prohibit, regulate, and inspect sewer
systems;
AND WHEREAS the Ontario Building Code Act, 5.0. 1992, c.23, Part 8, as amended,
designates that a municipality may conduct inspections of sewer systems directly;
AND WHEREAS the Simcoe County District Health Unit has, pursuant to Part VIII of the
Environmental Protection Act, up to December 31,2001, conducted certain inspections
pursuant to Part 8 of the Ontario Building Code Act and has retained the necessary records
related to such inspections;
AND WHEREAS the Council of the Township of Oro-Medonte has elected, effective January
1, 2002, to administer Part 8 of the Ontario Building Code Act and has further elected to be
responsible for the custody and control of all relevant records in respect to sewage system
inspections within the Township;
AND WHEREAS the Simcoe County District Health Unit is desirous of entering into an
agreement to transfer all relevant records to the 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 an agreement between the
Corporation of the Township of Oro-Medonte and the Simcoe County District Health Unit
to transfer to the Township, for custody and control, all relevant records currently held
by the Health Unit related to inspections of sewage systems under the authority of the
Ontario Building Code Act, the Environmental Protection Act and predecessor
legislation; 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 6TH DAY OF FEBRUARY, 2002.
BY-LAW READ A THIRD AND FINAL TIME THIS
DAY OF
, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
Clerk, Marilyn Pennycook
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-017
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LETTER OF AGREEMENT
BETWEEN THE TOWNSHIP OF ORO-MEDONTE
AND HER MAJESTY, THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE
MINISTER OF AGRICULTURE, FOOD AND RURAL AFFAIRS
WHEREAS the Council of the Township of Oro-Medonte passed By-law Number 2001-053 to
execute an agreement with Her Majesty, the Queen in Right of Ontario, as represented by the
Minister of Agriculture, Food and Rural Affairs for funding under the Ontario Small Town and
Rural (OSTAR) Infrastructure initiative, to comply with the Drinking Water Protection
Regulation or Orders from the Ministry of the Environment;
AND WHEREAS funding under Option 1 Round 1 of the Ontario Small Town and Rural
(OSTAR) Development Infrastructure initiative has been approved by the Ministry;
AND WHEREAS it is required that the Township of Oro-Medonte execute a letter of
agreement with the Ministry of Agriculture, Food and Rural Affairs to allow for the transfer of
funding to the Township;
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 execute a letter of agreement with
Her Majesty, The Queen in Right of Ontario, as represented by the Minister of
Agriculture, Food and Rural Affairs, 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 6TH DAY OF FEBRUARY, 2002.
BY-LAW READ A THIRD AND FINAL TIME THIS
DAY OF
2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
Clerk, Marilyn Pennycook
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Scqedule 'A' to By-law No. 2002-017
Minister of Agriculture,
Food and Rural Affairs
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Ontario
Ministre de l'Agriculture,
de I' Alimentation
et des Affaires rurales
Queen's Park, Ontario
M5S 1 B3
January 17, 2002
Our File No.: 6219
Ms. Jennifer Zieleniewski
Chief Administrative Officer/Treasurer
The Township of Oro-Medonte
Box 100
Oro, ON LOL 2XO
Dear Ms. Zieleniewski:
RE: Letter of Agreement - OST AR Infrastructure initiative
Further to your participation in the Ontario Small Town and Rural (OST AR) Infrastructure
initiative (the "initiative"), HER MAJESTY THE QUEEN in RIGHT of ONTARIO, as
represented by the Minister of Agriculture, Food and Rural Affairs (the "Ministry"), is
prepared to provide the Corporation of The Township of Oro-Medonte (the
"Municipality"), the sum of $132,829.06 (the "Financial Assistance") subject to the
following terms and conditions:
1) The Financial Assistance is to be used by the Municipality only for the purposes of the
initiative and for works of a capital nature that are related directly and exclusively to the
initiative.
2) Expenditure of the Financial Assistance shall be properly accounted for in accordance
with Generally Accepted Accounting Principles (GAAP) and all books and records in
relation thereto shall be available for inspection by the Ministry upon reasonable notice.
3) Prior to the advance of the Financial Assistance, the Municipality shall provide the
Ministry with an indemnity and proof of insurance as outlined below.
The Municipality agrees that
a) in no event shall the Ministry be liable for:
Letter of Agreement - OST AR Infrastructure initiative
Page 1 of 4
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i) any bodily injury, death or property damage to the Municipality, its employees,
agents, or consultants or for any claim, demand or action by any third party
against the Recipient, its employees, agents, or Consultants, arising out of or in
any way related to this letter of agreement or the initiative; or
ii) any incidental, indirect, special or consequential damages, or any loss of use,
revenue or profit to the Municipality, its employees, agents, or consultants
arising out of or in any way related to this letter of agreement or the initiative.
b) The Municipality agrees to indemnify and hold harmless Her Majesty the Queen in
Right of Ontario, Her directors, officers, employees and agents from and against all
suits, judgements, claims, demands, expenses actions, causes of action and losses
(including, without limitation, reasonable legal expenses and any claim for lien made
pursuant to the Construction Lien Act (Ontario)) and for any and all liability for
damages to property and injury to persons (including death) howsoever caused, as a
result of any claim, demand or action arising out of or in any way related to this
letter of agreement or the initiative.
'"
c) The Municipality further agrees to indemnify and hold harmless Her Majesty the
Queen in right of Ontario, Her directors, officers, employees and agents, for any
incidental, indirect, special or consequential damages, or any loss of use, revenue or
profit, by any person, entity or organization, including the Ministry, arising out of
or in any way related to this letter of agreement or the initiative.
4) The Municipality shall put in effect and maintain in full force and effect or cause to be
put into effect and maintained for the period for which monies are advanced under this
letter of agreement, with insurers acceptable to the Ministry, all the necessary insurance
that would be considered appropriate for a prudent municipality of this type initiative,
without limitation:
a) Comprehensive General Liability Insurance to an inclusive limit of not less than five
million dollars ($5,000,000) per occurrence for property, damage, bodily injury and
personal injury including, at least, the following policy endorsements:
i) Her Majesty the Queen in right of Ontario as an additional insured for the
purposes of the initiative only: Cross Liability; Contractual Liability;
Independent Contractors; Products and Completed Operations; Employer's
Liability and Voluntary Compensation; 30 day written notice of cancellation;
Tenants Legal Liability (if applicable); and Non-owned automobile coverage with
blanket contractual and physical damage coverage for Hired Automobiles.
ii) Property insurance to a limit commensurate to the full replacement cost value of
the asset on an "All Risks" basis including earthquake and flood. The policy
must include the following: Replacement Cost Value; Stated Amount Co-
Insurance; and Waiver of Subrogation.
Letter of Agreement - OST AR Infrastructure initiative
Page 2 of 4
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iii) Professional/Consultants Errors & Omissions Liability Insurance, insuring
liability for errors and omissions in the performance or failure to perform
professional services contemplated for which monies are advanced under this
letter of agreement, in the amount of not less than two million dollars
($2,000,000) per claim and in the annual aggregate.
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5) Prior to any Financial Assistance being provided under this letter of agreement and
throughout the term of for which monies are advanced under this letter of agreement,
the Municipality shall provide the Ministry with a valid Certificate of Insurance that
references the initiative, confirms the above requirements and identifies major
exclusions in the policy.
6) The Municipality shall provide the Ministry a copy of the policy and any renewal or
replacement certificates as may be necessary.
7) The Municipality shall put in effect and maintain in full force and effect or cause to be
put into effect and maintained in fun force and effect during the term of for which
monies are advanced under this letter of agreement:
a) a performance bond in the amount of 100 % of the contract price for any contract for
the construction of the asset covering the performance of that construction contract
and the correction of any deficiencies; and
b) a labour and material payment bond in the amount of 50 % of the contract price for
any contract for the construction of the asset covering the payment for labour,
material or both.
8) If the Municipality and the Ministry do not enter into an agreement satisfactory to the
Ministry under the Initiative within 90 days from the receipt by the Municipality of the
OST AR Infrastructure Initiative Round 1 Funding Agreement for Infrastructure
Projects, the advanced funds shall be forthwith returned to the Ministry with interest at
the then current interest rate charged by the Province of Ontario on accounts receivable.
9) The Financial Assistance advanced pursuant to this letter of agreement shall be set off
against advances of funds under the agreement contemplated in paragraph 8.
I,
10) The Financial Assistance advanced pursuant to this letter of agreement shall be subject
to the usual 10% holdback applicable to other OSTAR payments, payable upon proof of
completion of the initiative.
11) This letter of agreement shall not obligate the Ministry to advance any funds hereunder
or to advance any funds pursuant to the agreement contemplated by paragraph 8 and is
not intended to form any legal relationship between the parties, unless accepted by the
Municipality and thereupon, limited to the terms hereof.
Letter of Agreement - CST AR Infrastructure initiative
Page 3 of 4
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If your Municipality agrees to the foregoing, please execute this letter below where
indicated and return it to the undersigned together with the Certificate of Insurance by
March 1, 2002.
Sincerely,
Brian
Minis
The undersigned on behalf of the Corporation of The Township of Oro-Medonte, do
acknowledge that the Municipality has agreed to the aforesaid terms and conditions of this
letter and that we are properly authorized according to the by-laws of the Municipality to
provide this acknowledgement, indemnity and acceptance.
Name:
Title:
Seal Date
on behalf of The Township of Oro-Medonte
Name:
Title:
Seal Date
on behalf of The Township of Oro-Medonte
"
Letter of Agreement - OST AR Infrastructure initiative
Page 4 of 4