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03 20 2002 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCil MEETING AGENDA COUNCil CHAMBERS DATE: Wednesday, March 20, 2002 TIME: 7:00 p.rn ...................... ...................... ......... ..... ................ 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 Special Council Meeting held Wednesday, March 13, 2002 .............................................................................. 7. CONSENT AGENDA CORRESPONDENCE: Nil 8. DEPUTATIONS: Nil 9. REPORTS OF MUNICIPAL OFFICERS: .. a) Report No. ES2002-11, Keith Mathieson, Director of Engineering and Environmental Services, re: Trinity Community Presbyterian Church - Site Plan Agreement, Part Lot 21, Concession 7, (Township of Oro), being parts 1 and 2, 51 R-30031. . b) Report No. ES2002-12, Keith Mathieson, Director of Engineering and Environmental Services, re: Laurel View Homes (HV) Inc. - Pre-Servicing Agreement, Parcel 2-9, Section 51-0ro-4 (Former Township of Ora), being all of PIN #74055-0119 (Lt), County of Simcoe, (Phase 1 of the Horseshoe Adult Lifestyle Community). 10. COMMUNICATIONS: a) Nottawasaga Valley Conservation Authority corresondence, re: NVCA Highlights, January 2002. b) Nelson J. McKay correspondence, re: request for articulation agreement with City of Barrie for residents of Oro-Medonte. c) Town of Innisfil correspondence to the Honourable Tony Clement, Minister of Health and Long Term Care, re: Regional Cancer Treatment Centre at the Royal Victoria Hospital and support of resolution. d) City of Barrie correspondence from Jim Perri, Mayor, requesting support for Commuter Rail Service to South Simcoe. ... 11. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole held Wednesday, March 13, 2002. b) Meridian Planning Consultants, re: Ora-Moraine Working Group, minutes of meeting of January 8, 2002. 12. PETITIONS: Nil. 13. UNFINISHED OR NEW BUSINESS: a) Council resolution No. 12, as amended, re: redline revision to Draft Plan of Subdivision 43-0M-20001, Concession 4, Part of Lot 4 (Ora), Horseshoe Valley Adult Lifestyle Community (motion deferred on February 20,2002, pending Pre-Servicing Agreement). See agenda item 9b. "Be it resolved that recommendation no. CW-17 from the Committee of the Whole meeting of January 23, 2002, which reads: "It is recommended that Report No. PD2002-1 by Andria Leigh, Township Planner, re: redline revision to Draft Plan of Subdivision 43-0M-20001, Concession 4, Part of Lot 4 (Oro), Horseshoe Valley Adult Lifestyle Community, be received and adopted, and that Council endorse the redline revision to the draft approved plan (43-0M-20001) which has the effect of reducing the number of lots from 71 lots to 66 lots in Phase 1, relocating the fire access route to a more suitable location and removing the portion of Street C between Street A and Street B, and further that the Planner proceed with notification of the amended conditions of draft plan approval in accordance with the requirements of the .. -.: Planning Act" be deferred until the Township enters into a Pre-Servicing Agreement with Laurel View Homes." 14. BY-LAWS: a) By-Law No. 2002-018 Being a by-law to authorize the execution of an agreement between the Township of Oro-Medonte and Barrie Y.M.C.A. b) By-Law No. 2002-021 Being a by-law to Amend Schedule "A" of By-law No. 96- 35, to establish a procedure governing the sale of real property. (Third Reading Only) c) By-Law No. 2002-023 Being a by-law to Authorize the Execution of a Pre- Service Agreement (Laurel View Homes (HV) Inc.). d) By-Law No. 2002-024 Being a by-law to Authorize the Execution of a Pre- Service Agreement, 1091402 Ontario Limited (Woodland Subdivision). e) By-Law No. 2002-025 Being a by-law to Authorize the Execution of a Letter of Agreement between the Township of Oro-Medonte and Duncor Enterprises Inc. f) By-Law No. 2002-027 Being a by-law to Authorize the Execution of a Site Plan Control Agreement between Heritage Hills Golf Club Limited and the Corporation of the Township of Oro-Medonte, on lands described as Part of Lot 10 and Lot D, Concession 2, and Road Allowance between Lot 10 and Lot D, being Part 1, 51 R-28593, being all of PIN #58552-0065. g) By-Law No. 2002-028 Being a by-law to Authorize the Execution of a Site Plan Control Agreement between Trinity Community Presbyterian Church and the Corporation of the Township of Oro-Medonte, on lands described as Part Lot 21, Concession 7, (Township of Oro), being Parts 1 and 2, 51 R-30031, being all of PIN #'s 58550-0179 (Lt) and 58550-0181 (Lt). .. h) By-Law No. 2002-029 Being a by-law to enter into an Agreement between the Corporation of the Township of Oro-Medonte and Her Majesty the Queen in Right of the Province of Ontario, as represented by the Ministry of the Solicitor General on behalf of the Ontario Provincial Police, and the Corporation of the County of Simcoe and such Municipalities and Other Legal Entities (Collectively "Simcoe Municipalities") for the Provision of 9-1-1 Central Emergency Reporting Bureau Services ,. 15. IN-CAMERA: Nil 16. CONFIRMATION BY-LAW NO. 2002-30. 17. ADJOURNMENT 18. QUESTIONS: "\ ... .... ADDENDUM COUNCIL MEETING March 20, 2002 10. COMMUNICATIONS: e) Horseshoe Valley Resort Ltd., correspondence requesting a water rate increase. 13. UNFINISHED OR NEW BUSINESS: b) Jennifer Zieleniewski, CAO, discussion re: vacancy of Council position. 14. BY-LAWS: i) By-Law No. 2002-031 Being a By-Law to Appoint Municipal Weed Inspectors. 15. IN-CAMERA: a) Confidential Report No. ADM2000-12, Jennifer Zieleniewski, CAO, re: personnel matter (Operator 2). /'",,\ W, / tJ \ -:",," , ~, \ ) REPORT DEPT. REPORT TO: Council PREPARED BY: #ES2002-11 Keith Mathieson SUBJECT & FILE #: DEPARTMENT: COUNCIL: Trinity Community Public Works Presbyterian Church - Site C.OFW., Plan Agreement - pt. Lot 21, Concession 7 (Township of MOTION #: Oro), Being Parts 1 and 2, DATE: 51 R-30031 DATE: March 12, 2002 BACKGROUN Trinity Community Presbyterian Church submitted a Site Plan to the Site Plan Committee on August 1, 2001 to construct a proposed Church facility. At this meeting, Township staff and Township Engineers' comments and concerns were presented to Mr. Miller and Mr. Foster, representatives of the Church. SUMMARY: Revised Drawing No.'s 20210-SG, 20210-SS and 20210-01,20210-02 and 20210-03 dated September 14, 2001 were received addressing the concerns of the Site Plan Committee and the Township Engineers. Attached for Council's perusal is a letter from Mr. AI Lees of R. G. Robinson and Associates Ltd. recommending approval of the Site Plan. The Church has posted the required securities for the Site Plan. 11\1ENDA TIONS: '" 1. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Trinity Community Presbyterian Church to construct a Church facility at pt. Lot 21, Concession 7 (Township of Oro), being Parts 1 and 2, 51R-30031, being all of PIN #'s 58550-0179 (Lt) and 58550-0181 (Lt), Township of Oro-Medonte, County of Simcoe. 2. THAT the Clerk prepares a By-law to enter into a Site Plan Agreement with Trinity Community Presbyterian Church for Council's consideration. 3. THAT Council receives and adopts this report. Keith Mathieson ~M~~U , / ! "-YJh ,\\ \)-z5 ~ 0' \'\\ \~\v ~ CONSULTING ENGINEERS AND PLANNERS a I q)""~ RG ROBINSON AND ASSOClATES (BARRIE) LTD : . ~ .. : i :::.' ~'.' ~ . .~~~ Mr. K. Mathieson Manager of Public Works Township of Oro-Medonte P.O. Box 100 R.R.#l Oro Station, ON LOL 2XO "By Fax" .-'.;: " t..::.:. Oct~ber 23, 200t ::<'\ .,....~ ,(: '~:~';(~/~:: Dear Mr. Mathieson: RE: Township of Oro-Medonte Trinity Church Site Plan Further to the submission of October 19th, 2001, from the Developer's Engineer and our subsequent comments of October 23, 2001, we herein advise you of the following regarding the Trinity Community Presbyterian Church Site Plan. . The site plan drawings consisting of Site Grading Plan (Dwg. 20210-SG), Site Servicing Plan (Dwg. 20210-SS) and Standard Detail Plans (Dwg. 20210-Dl, D2 and D3) are now all satisfactory . . The Developer's Engineer is making the October 23M, 2001, requested revisions to the Stonnwater Management Analysis, which are relatively minor in nature. . We therefore recommend approval of the Site Plan for this development. If you require any further infonnation, please contact the undersigned. Yours truly, R.G. ROBINSON AND ASSOCIATES (BAR.1UE) LTD. ~e~. AOl File #12-00090-50 AML:jd Copy: J. Zieleniewski 10 High Street, Suite 200, Barrie, Ontario L4N lW1 (705) 721-9222 Fax (705) 734-0764 engpIan@Tgra.on.ca ~ APPENDIX "B" SITE PLAN AGREEMENT - between - TRINITY COMMUNITY PRESBYTERIAN CHURCH - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Pt. Lot 21, Concession 7 (Township of Oro) Being Parts 1 and 2, 51 R-30031 Being all of PIN #'558550-0179 (Lt) and 58550-0181 (Lt) ,i1c It. TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE November, 2001 By-Law No. 2001- 9 q )<, 1'1 r 1 THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT T ABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes "" Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 1 0 Save Harmless SCHEDULES Schedule "A" Schedule "B" Schedule "c" Schedule "D" Schedule "E" Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit .... .. 2 <1 q \-,5" I SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. 2001, in BET WEE N: TRINITY COMMUNITY PRESBYTERIAN CHURCH Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the 'Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a church facility on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; .. NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 -19/- ~ 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands nor any use made of the subject lands with respect to the proposed development except in conformity with all the provisions of this Agreement. ... d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe District Health Unit. e) The Owner shall, prior to the execution of this Agreement, pay all Municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, Planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words ~at the expense of the Owner" unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements or other documents required by Schedule "C", as well as certification from the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a church facility on the Site Plan. ... b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 4 ~ q )-7 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan attached hereto as Schedule "B". b) LiQhtinQ All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) ParkinQ Areas and Drivewavs All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86 and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed as in Schedule "B", attached. The Owner agrees that the entrances onto Une 7 South are temporary and may have to be relocated subject to Hwy. #11 North reconstruction works. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Orc-Medonte. d) Outside StoraQe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) GarbaQe StoraQe The Owner agrees to provide suitable storage areas for garbage and waste as shown on the Site Plan and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) LandscapinQ The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. ,.. 4. DEVELOPMENT CHANGES \L The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto unless and until such changes have been approved, in writing, by all Parties. 5. SECURITY Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "0" to this Agreement (the "said Work"), the fOllowing securities: 5 /q )... g a) Cash in the amount as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount as approved by the Township Engineer and Township'Council. The Letter of Credit shall be for a minimum guaranteed period of one (1) year or such time as the Township decides and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The TOwnship reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "Dn of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and Security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the. Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO-OPERATION .... The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications as required for the purpose of securing registration and giving effect to the provisions of this Agreement. A 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 6 9. SEVERABILITY OF CLAUSES 9q }-<i Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 1 O. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED 7 ) ) Owne.: TRINITY COMMUNITY ) 'PRESBYTERIAN CHURCH ) ) JIM GRAY ) Has the Authority to Bind the ) Corporation ) ) ~~~~ ) Owner: TRINITY COMMUN ) PRESBYTERIAN CHURCH ) ) DAVID BLACK ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) ) MaY9fi,)hud~elU:d Acting Mayor, ) J. Neil Craig ) ) ) Clerk, Marilyn Pennycook l'i)-/U SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Trinity Community; Presbyterian Church. . LEGAL DESCRIPTION OF LANDS Pt. Lot 21, Concession 7 (Township of Oro), being Parts 1 and 2, 51R-30031, being all of PIN #'558550-0179 (Lt) and 58550-0181 (Lt). "" '" 8 9q ) -I J SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Trinity Community Presbyterian Church. SITE PLAN Site Plan prepared by J. Foster Engineering Ltd., Drawing No.'s 20210-SG; 20210-SS; 20210- 01; 20210-02; 20210-03, dated June 7, 2000, revised September 14, 2001. These plans are not in a registerable form and are available from the Township of Oro-Medonte. 9 I q J- I l-.. SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Trinity Community Presbyterian Church. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP 1.1 Block 5.182m wide road widening 51R- 1.2 Block 5.182m wide road widening 51R- 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A ... Ai 10 or q ) -/3 SCHEDULE "0" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Trinity Community Presbyterian Church. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 1. Construction of storm water management facility; storm sewer, manhole and headwall; driveways; parking lot; landscaping; and drainage, as per Drawings listed on Schedule "B". $28,900.00 LETTERS OF CREDIT AMOUNT 2. Letter of Credit to be providE;d by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. $28,900.00 1] ; . Ii .,....-- j .. REPORT DEPT. REPORT TO: Council PREPARED BY: #ES2002-12 Keith Mathieson SUBJECT & FILE #: DEPARTMENT: COUNCIL: Laurel View Homes (HV) Inc. - Public Works Pre-Servicing Agreement - C.OFW. Parcel 2-9, Section 51-0ro-4 (Former Township of Oro), MOTION #: Being all of PIN #74055-0119 DATE: (Lt), County of Simcoe DATE: (Phase I of the Horseshoe March 12, 2002 Adult Lifestyle Community) BACKGROUN Phase I of the Horseshoe Adult Lifestyle Community consists of sixty-six (66) lots (east of Oro- Medonte Line 3 North, south of Highland Drive) and a fire route connecting to Nordic Trail. The developer, Laurel View Homes (HV) Inc., is requesting to enter into a Pre-Servicing Agreement with the Township to allow lot grading and road excavation for Phase 1, prior to entering into a Subdivision Agreement. 'SUMMARY: Ul - 1II1J~ 111_1111111 . >'.":"-'L::')><,:,:/',;,--"""", Grading plans have been submitted and approved by the Township Engineers, R. G. Robinson and Associates Ltd., for Phase I. The developer has posted the required securities with the Township for the Pre-Servicing Agreement. RECOMJ\1 1. THAT the Township of Oro-Medonte enters into a Pre-Servicing Agreement with Laurel View Homes (HV) Inc., Parcel 2-9, Section 51-0ro-4 (Former Township of Oro), being all of PIN #74055-0119 (U), County of Simcoe, Phase I. 2. THAT the Clerk prepares a By-law to enter into a Pre-Servicing Agreement with Laurel View Homes (HV) Inc. for Council's consideration. 3. TH T Council receives and adopts this report. 1 f ' r\~'\D/ "~ ~ \\r. \"\ ,~ C ~o~} .' ~i.JI_<:JI"~, 'III. C.A.O. COMMENTS: C.A.O.: DATE: q h' ,., I V J- ~ DEPT. HEAD: J - PRE-SERVICING AGREEMENT - between - LAUREL VIEW HOMES (HV) INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE December, 2001 By-Law No. DESCRIPTION OF LANDS Parcel 2-9, Section 51-0ro-4 (Former Township of Oro), Being all of PIN #74055-0119 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE .' cr b ).. If PRE-SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: The Corporation of the Township of Oro-Medonte (hereinafter called the "Township") - and - Laurel View Homes (HV) Inc. (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the "Subdivision lands"); AND WHEREAS the Developer desires to commence installing municipal services with the Subdivision lands prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; NOW THEREFORE THE PARTIES HERETO AGREE AS FOllOWS: 1. ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk in commencing installation of Township services on the Subdivision lands, prior to the execution of a Subdivision Agreement with the Township, and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1,2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre-servicing of the Subdivision lands shall cease immediately. 1.3 The Developer acknowledges and agrees that engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. 1.4 The Developer acknowledges and agrees this approval relates only to the installation of the following Township services: 1. Rough grading, as per limits shown on URS Cole Sherman Grading Plans l1 and L2 dated October, 2001. 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way, 2 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township provisions. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: 1. Retainer - That their firm has been retained by the Developers to act as Consulting Engineers for Laurel View Homes (HV) Inc.; 2. Terms of Retainer - The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals - Obtain all necessary approvals to construct; d) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts with regard to telephone, cable T.V. and Township services; e) On-Site Inspections - Ensure that all on-site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; f) As Constructed Drawings - Submit certified "as-constructed" drawings after acceptance of the Township services; g) Change in Retainer - If, at any time during the project: i) the terms of their retainer are changed by the Developer, or; ii) if they become aware that they will not be able to provide "as constructed" drawings, they will notify the Township within twenty-four (24) hours; h) Erosion and Siltation Control - Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) the Township Engineer has no objection to the pre-servicing; 2) the Planning Department has no objection to the pre-servicing; 3) the Township Solicitors have no legal objections to the pre-servicing. c) Payment of cash or certified cheque required to cover the cost of the Township's lawyer and planner, for all costs involved in processing the Pre- Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township for the sum of 3 .' 9 b )-40 Five Thousand Five Hundred Dollars ($5,500.00). 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. In the event that the deposit is drawn down to a level of Two Thousand Five Hundred Dollars ($2,500.00) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer is in default of this Agreement and all work must cease. / d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule "B", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township default under the terms of this Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part. e) A certified copy of an insurance policy, or a certificate of insurance, confirming comprehensive general liability in the amount of Five Million Dollars ($5,000,000.00), naming the Township as co-insured, and containing the following additional provisions or endorsements: 1) Products/Completed Operations provisions; 2) Cross-liability clause; 3) Blasting included, only if done by independent contractor; 4) Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days, in advance, of any cancellation or expiry of the said Insurance Policy. f) All Servicing Plans shall be submitted to and accepted by the Township Engineer. g) The Ministry of the Environment and Energy have given technical approval to the Servicing Plans. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the 4 I r.,.J r' f Township in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township;' in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. 7. NOTICE 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Laurel View Homes (HV) Inc. 4001 Chesswood Drive NORTH YORK, Ontario M3J 2R8 and such notice shall be deem'ed to have been given and received on the third day after mailing. 8. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. IN WIT~ESS WH~REOF the Develope~ hereunto set its hands and seals this dayofrEt:.l: (".~ 2tHJ2'r ~ I,~~rel View Homes (HV) Inc. 2 L A,1?J Jerry Leiderman HAS THE AUTHORITY TO BIND THE CORPORATION IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this day of ,2001. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: IjiHbBaarQxMXI~&~ J. Neil Craig, Acting Mayor Marilyn Pennycook, Clerk Per: 5 9 L ). q' SCHEDULE "A" DESCRIPTION OF LANDS Parcel 2-9, Section 51-0ro-4, (former Township of Ora), being all of PIN #74055-0119 (Lt), Township of Ora-Medonte. County of Simcoe. SCHEDULE "B" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP 1. Siltation control or any other works that may be performed by or for the Township of Oro-Medonte, off-site, resulting from work performed under the Pre-Servicing Agreement TOTAL CASH DEPOSITS TO THE TOWNSHIP SECURITY TO BE DEPOSITED WITH THE TOWNSHIP 7 , ,.., I $ 20,000.00 $ 20,000.00 $ 20,000.00 " iii ROYAL BANK 9b)../D ORIGINAL . ' PAGE: 1 INT'L TRADE CENTRE - ONTARIO 180 WELLINGTON ST W., 9TH FLOOR, TORONTO, ONTARIO, M5J 1J1 CANADA DATE OF ISSUE: FEBRUARY 28, 2002 OUR REFERENCE NUMBER: P166284T07S12 DATE OF EXPIRY: FEBRUARY 27, 2003 PLACE OF EXPIRY: TORONTO, ONTARIO BENEFICIARY: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. BOX 100 ORO, ONTARIO LOL 2X6 APPLICANT: LAUREL VIEW HOMES (HV) INC. 4001 CHESSWOOD DRIVE NORTH YORK, ONTARIO M3J 2R8 AMOUNT: CAD 20,000.00 TWENTY THOUSAND AND 00/100'S CANADIAN DOLLARS IRREVOCABLE STANDBY LETTER OF CREDIT NO. P166284T07S12. WE HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO, MSJ 1J1, FOR THE hCCOUNT OF LAUREL VIEW HOMES (HV) INC., UP TO AN AGGREGATE AMOUNT OF TWENTY THOUSAND AND 00/100'S, CANADIAN DOLLARS (CAD.20,000.00) AVAILABLE ON DEMAND. PURSUANT TO THE REQUEST OF OUR CUSTOMER, THE SAID LAUREL VIEW HOMES (HV) INC., WE, ROYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO MSJ IJ1, HEREBY ESTABLISH AND GIVE YOU AN :RREVOCABLE LETTER OF CREDIT IN YOUR FAVOUR IN THE TOTAL AMOUNT OF CAD.20,OOO.OO WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME UPON WRITTEN DE~~ FOR PAYMENT MADE UPON US BY YOU WHICH DEMAND WE SHALL HONOUR WITHOUT :2 ~ \j I /rv . , " Hr\JAL PAGE: 2 CUSTOMER TO rOMER OR )FFICER OF OF CREDIT E 1. THE LETTER N OUR SAID 0RTGAGE RSESHOE, E TO TIME AS OFFICER OF GS UNDER THIS AR, BUT SHALL TO BE E PRESENT OR PRIOR TO THE REGISTERED TO BE TO UNI FORM PUBLICATION 'NDITIONS ') ~ I{UYAL I.:jAI~r = ORIC P166284T075~2 ENQUIRING WHETHER YOU HAVE A RIGHT AS BETWEEN YOURSELF AND OUR SAIL MAKE SUCH DEMAND, AND WITHOUT RECOGNIZING ANY CLAIM OF OUR SAID CUS OBJECTION BY THEM TO PAYMENT BY US. DEMAND SHALL BE BY WAY OF A LETTER SIGNED BY AN AUTHORIZED SIGNING THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. THE ORIGINAL LETTER MUST BE PRESENTED TO US AT ROYAL BANK OF CANADA, INTERNATIONAL TRAI CENTRE-ONTARIO, l80 WELLINGTON STREET WEST, TORONTO, ONTARIO M5J ~J OF CREDIT, WE UNDERSTAND, RELATES TO A SUBDIVISION AGREEMENT BETWEE CUSTOMER AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, WITH ~ COMPANY AS A THIRD PARTY, REGARDING SUBDIVISION OF LANDSCAPES AT HC HIGHLAND DRIVE AND ORO 3RD LINE. THE AMOUNT OF THIS STANDBY LETTER OF CREDIT MAY BE REDUCED FROM TI~ ADVISED BY NOTICE IN WRITING, GIVEN TO US BY AN AUTHORIZED SIGNING THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. PARTIAL DRAWINGS ARE PERMITTED. WE HEREBY AGREE THAT PARTIAL DRAWI~ LETTER OF CREDIT WILL BE DULY HONOURED UPON DEMAND. THIS LETTER OF CREDIT WILL CONTINUE IN FORCE FOR A PERIOD OF ONE YE BE SUBJECT TO THE CONDITION HEREINAFTER SET FORTH. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FROM YEAR TO YEAR, FROM TE ANY FUTURE EXPIRATION DATE HEREOF, UNLESS AT LEAST THIRTY (30) DAYE PRESENT, OR ANY FUTURE EXPIRATION DATE, WE NOTIFY YOU IN WRITING B) MAIL OR COURIER THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDI1 RENEWABLE FOR ANY ADDITIONAL PERIOD. EXCEPT AS OTHERWISE EXPRESSLY STATED THIS CREDIT IS ISSUED SUBJECT CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), ICC NO. 500. WE ENGAGE TO HONOUR PRESENTATIONS SUBMITTED WITHIN THE TERMS AND CC INDICATED ABOVE. {I G( 1 705 424 2115 03/07:02 16:39 FAX 1 705 424 2115 !\.V.C.A. -H...; ORO-MEDONTE I4J 001/002 Vulw.nc ',1- 4M\J'; Nottawasaga Valley Conservation Authority 366 'Mill Stree~ Highway 90, Angus, Ontario LOM IDO / Ov 0':) _ I TEL (705) 424-1479, FAX (705)424-2115 I i Website Address; -www:nvca.QIl.ca NVCA Highlights January 2002 Message from the Chair - Harold Parker "The NVCA vision of "Conserving Healthy Waters" requires a comprehensive watershed management approach, with the fu// support of a/l watershed municipalities, agencies and residents". 'HIGHlIGHTS FROM THE CAO AND STAFF: i) Wayne Wilson, CAO(ext. 225} 'wwHson@nvca.on.ca . New Executive Committee Elected Chair Harold Parker, Township of Springwater Vice- Chair Chris Carrier, 'Town of Collingwood Members Bob Davis. Essa Township Fred Nix, Town of Mono Jim O'Neil, Clearview Township George Sheffer, Town of Wasaga Beach Robert Waind, Town of the Blue Mountains Vision 2002 A high quality PowerPoint"presentation has been developed on the NVCA Vision and the 2002 Budget. The Chair, Vice-Chair, CAO, and Communications Director, have been travelling to many of the watershed municipalities, using this presentation to highlight the NVCA Business Plan and the 2002 Budget. . New Accounting System The NVCA is developing a new accounting system using ACCPAC for Windows_ This responsive accounting system is more dynamic and has good reporting capabilities. ji} Land Management & Stewardship - Byron Wesson, Director of Land Management & Stewardship Services (ext.224) bwessonlii1nvca.on.ca'" . Spring Tree Planting Orders Now Being Taken There are over 78,000 trees available to private landowners this ~pring. The NVCA hC!sb~en providing '. tree seedlings andspi'ing 'planting services to private' landowners"since'1964.' Our sfaff has supervised' the planting of over 2 million trees throughout the watershed. Healthy forests protect surface water, provide wildlife habitat. and are a source of economic and spiritual wealth. Grants are available to help the landovvner offset the cost of reforestation through the Healthy Waters Program. Contact Rick. GriHmayer, Conservation Services Technologist at ext. 230. . New Tree Cooler Thanks tQ the continued support of the Barrie Huronia Rotary Club, the "Pioneer Shed" at the Tiffin Centre for Conservation is being renovated into a Tree Cooler. The Barrie Huronia Rotary Club has donated $15,000 for the renovation. The tree cooler wi\[ be used to keep our tree seedlings dormant and to extend the planting season. AS trees are a perishable natural product, it is important that they are stored and handled with care. The tree cooler will be ready for this spring tree-planting season. . Arbour Day 2002 - Saturday May 4th There are 5 community groups that are participating in this year's NVCA's Arbour Day Tree Sale. They include: City of Barrie, Communities in Bloom, Elmvale Cubs and Beavers, Stayner Heritage Society, and Wasaga Beach Ganaraska Trail Hiking Club. The NVCA will continue to have a sale at our office location IDq)..~ NVCA Highlights - Volume 9 in Angus. This popular event has preven te be an excellent way .of getting the urban watershed resident involved in .our effart~ ta promatetr,ee, planting and health,Y water~ throljgt'.out t~e wa~efshed., jn 1.~99u th~ " NVCA formed partnerships with cammunity graups thraughaut the w<':Itershed in an effart to make the tree sales more accessible to landewners. This partnership also provides fundraising .opportunities for community groups. It Minesing Swamp The VVillew Creek is a major tributary .of the Nattawasaga River and carries large volumes .of water and sediment int.o Minesing Swamp during annual spring freshets. This sediment is carried dewnstream from upstream develapment activities, which in tum buries significant vegetatian communities. The NVCA has .observed rapid loss .of Walleye spawning habitat due ta the vegetation being cQvered with sediment. Minesing Swamp is noted as .one .of the only 2 areas in North America where Walleye spawn .on vegetati.on. Thanks to a cancerned Minesing Swamp steward, "Sand Traps" were designed ta collect sediment during the flead season. The Tawnship of Springwater has traditionally remQved 1200 yards .of sediment annually from the sand traps. An action plan to c.ontinue the removal of sedimentation on Willaw Creek. is being reviewed. . Maple Trees Approximately, 15 Sugar Maple trees were removed in preparation for the constructian of a new tree caoler at the Tiffin Centre for Conservation. These trees were scaled and .over 2200 board feet were .obtained. This maple lumber will be kilned, planed and will be used as maple flooring at the new administration office. . New Bio Filter Septic System Staff is investigating the use .of a "Bio Filter" septic system for the new administrative centre. The "Bio Filter" uses peat mo~sta ~i1ter w(;jste. The "footprint" is coJ~siderCibly smCiI.Jer th.~n a tradi~!qnals~ptic beet . Sale of farmer NVCA Administration Lands ' The NVCA Administration praperty .of 4.46 acres on highway #90 has been iisted thr.ough Royal Le Page Rea! Es~ate at a listing pri~e of $350,000. A multiple .offer tendering process is being used to seek and collect offers from interested individuals. Iii) Planning and Technical Services - Charles Burgess, DirectQr of Planning (ext. 229) cburQess@nvca.on.ca . Flood Safety Bulletin Fleod season is upon us. The NVCA advises that the combination .of warm temperatures. snowmelt and rainfall may produce unsafe conditians in all area streams. Fer more information aboLlt the status of watershed flaQd conditions, please contact your Jocal municipality .or contact the Flo.od Information Une at the NottCJwasaga Valley Conservation Authority at 705-424-1479 ext. 301 or Acting Flood Duty Officer Mike Dedd, at Ext. 226 . Director of Engineering and Technical Services The NVCA is seeking ta fill the positian of Director .of Engineering and Technical Services. In the interim, the lake Simcoe Region Conservation Authority will provide engineering services. . Sauth Simcoe Gr.oundwater Study Partnership In late 2001, the NVCA received almost $1 million grant for a groundwater study that will generate invaluable planning tools for protection of groundwater. The study will involve all .of our Simcoe County municipalities and will integrate knawledge gained during earlier studies in our DufferinlGrey municipalities inta a comprehensive ufiderstanding of aquifer $y~tel11sa,J1c:! grqundwate.rsupp!y a~r.QssJOf;!v.v.Ci\t~r~h.eq.. ' iv) C.orporate Communicatians - Barbara MacKenzie-Wynia, (ext. 227) bmackenzie-wvnia@!nvca.on.ca . Spring Tonic Maple Syrup Festival Due ta funding canstraints the annual Spring Tanic Maple Syrup Festival will not be held this year. The "Friends .of Tiffin" are interested in organizing the festival in 2003 and asked interested individuals or groups to attend a planning meeting an September 11, 2002 at the Tiffin Centre for C.onservation to discuss future needs. In addition, negotiations with a private producer ta take over the maple syrup production has begun. The NVCA hapes that the annual festival win continue through the development of new community partnerships. . Fond Farewell to Dave Burritt Best wishes were extended to David Burritt, Water Resources Engineer who has recently moved t.o Peterbourgh to take a positian with the Otanabee Canservation Authority. March 14/02 /~::0€.\ ~~. io/! 08 JOb }.. J /.,,<s,~ -- I /0, I I /~ ,).-" ?', /~,~. ,-. f'" ?\ ,;,;,_)".o...J L " c--' V~' ''.j'l ,- r''''' /. (:::::::1 ~:::"" (c:' :':::,' c.~ \ !~ .::;:") ~'-:x ~ ,0...,'" ,"... "". t::....\ r-=i :...~;.,; ~~' r-~\ iE::i "'"'-?4: }.......I '~ c- ''',' t:::-A.i \c..:"""-j., < ' '''',' ,~ \% ,;f~ .1::(;;' \ ~-0. .t'~~. \' 1~_, "" C':.~--'-~: ~~.Q>> .,'(0\.,f::?;, ' ' "",,;, ",. l'r',,~._ ,_-'\\ \ , '" ' , <./~j(gT? ,\( '". . . ~ 7George Street, Harbourwood R.R.#1 Oro Station, Ontario To the Mayor and Council ofOro-Medonte I have Just completed a program presented by Ci1y of Barrie Parks and Recreation named "FITNESS IN THE AFTERNOON. It was 20 sessions and expertly designed to include cardiovascular conditiomng , weight training and stretching. For me it was not an optional activity- rather a conditioning to improve general physical health to ward off a second heart attack. The sessions at the Parkview Centre were excellent and were suitable for the 16 seniors in the class. In fact, I have enrolled in the second session beginning in April. However, I found that I had to pay a Non-resident Fee very much more expensive than the Fee Member amount. A copy of a page from the calendar is attached to explain the system. I found that Oro-Medonte has no articulation agreement with the City of Barrie to allow tresidents to use this and other valuable courses and facilities. I believe an agreement of articulation ensures us inexpensive use of the Barrie Public Library. Of course, it is not economic for Oro-Medonte to develop and maintain a facility such as Parkview Centre. However, for good mental and physical health easier access to the Barrie Parks and Recreation programs would be beneficial. I request that the mayor and council discuss and implement some system of articulation in this regard. Please inform me ,if possible, as to when this topic will be discussed .I would like to be present and offer any other infonnation that I have. :;;;z~~~~~ Tel. 705-487-0109 JUCj-Z "f~1!f f;,~~ tf~~, NON.MJEMBER: $42.16 NON.RESIDEN'r: $53.~~ h 9:00-9:45 am CODE: Z?t:/ ;j''''.... FTT'NIESS E f~,;::TEEHOCN!~.4) Let our qualified and enthusiastic instructor take you through a complEte workout. starting with a warm up. cardiovascular segment rnuscle endurance and a cool down and stretching cornponE,nt. Stay flexible and keep those muscles toned wi1h ;' " ; : J\'i llW !:I;:: IDiB:iA'WH'IC;i the use of free weights, wands and balls. Dress in comfort- IF'.:: I' UUIEJI::: $68.48 NON.MEMBE R: $79.18 able clothing and supportive shoes. Participants are encour- [I .IF, , Ta(n~: 8 weeks NON.RESIDENT: $92.56 aged to nxercise at their own pace! Instructor: Mary Bevan D '2\"ir g is a ski'1 that can be learned by everyone. In this FEE: ..u:MBER: 838.52 NON-MEMBER: $49.22 Cr'c.'rSE, you will gain confidence in your creative apility and DUR.AT'ION: 10 weeks NON-RI::SIDEN"r: $62.60 e:t'1bli3h a f'Jundation for other art media. Explore various d a Nlr ~ tect.niq.Jes and increase your awarenesslof line, PAFIKV1EW BAR CO'DE '!cng and texturE. Instructor: Jeanneke van Hattem. Mon. & Jan. 14-Mar. 20 1:30-2:30 pm 7464 PJHtJIV!E!Y:f BAR CODE Wee: Fel. Jar,. 1-Mar.1 9'30-11 ,30 am l l. ,.. ""-' ,...,1'\ t! 'I',' ,"} 'a-t, "" -., t I.. I""jl,' ,d't ~ 'fY,17 n IE JI,EliJlBEli: $50.82 NON-MEMEtER: $61.52 r'IUn.t,TI(HI 6 weeks NON.nE:SI[IENT: $70.08 Ths int"oduc' ory Ecrylics course e>:plores the prinqiplEs, technicues a 1d colour 01 painting. ','ou will learn trc:ditiona\ er::! cO'1temp )relY styles of paintin'J. Basic drawing skills are reccmrnended tor this course. Instructor: Jeanneke van H<.tterT i P,hfIK:JIEW BAR t::~ODE Ff . Jan. 11-h3b. 15 1 :00-3:00 pm 7294 F'~f ~nn~. ..!trE~;:~n~N! f\H:t H:r: ":IUIIE Ef~: $53.50 NC1N-I\IIEMEiER:' $64.20 t;U!!1:inIO'~: 8 weeks N(IN.FIESIDENT: $72.76 P)rid~:e cou~ss designed to '!each the basics of bidding and piny. A-I opti{,na! text book, althou~h highly recornmended, may bE pUI'C lased from the instructor t the first lesson for $; 7 .OC ~,om~ cmd playing experiE nce is helpful but no'! eEsental. In!,tructor: Ollie Burno PMUtVIEW' Mon. Mar. ..-Apr. 22 9:30-11 :45 am BAR CODE 7587 , ~rH~E ~ !f~i,i4c~diing Br'U5h~IU;p fiE]:: IlUmH;: $26.75 NON.MEMBER: $32.10 itI1JJUT:IOII: 4 weeks NON-BESIDENlT: $36.38 ,C, Ipw W8E,k bricge course that gives you eight hands to play P" ~'33s;on Nitl- a chance '!o review Club Series bidding. No tE x' ::(O~:s: ( uizzes and hand outs will be given. Pre-requi- si,~: :: lib SErie, lessons or sorne bridge playing experience. ir,,'r( 10": rvag~:ie Sparrow. IP:, ~:. "II!~' :: . Va'.i-M:lr. 26 9:30-11:45 am BAR CODE 7295 ., .' 1:"'.1'\1'''''' ~J:iT'1IE''t'< "",r~I!"E,~qC"E :G~i'J< '. .~,!" :,;, ,T~, 1: ~11f1at;t'- ;'-;~L!'U;",If. .f'I"'~~_."~ F :,: 'IHill E~i: $53.50 NON.'JlEMBER:i $64.20 F.1 1 ~ ! nc,,,: 8 weeks NON.nESIDENT: $72.76 T .. ~'1e Itird,eriE's of lessons by renowned bridge tf .I.udl ey (3rant, it focuses 0'1 defense. If yoy and your r::< ~e'3C hEop with your leads, signals and planning the (', '. . : , 10 d3feEt decla.rer, then this course is for you. F ': ;if;ile, CIL'b and Diamond Series lessons, or at leas'! 1" ." \ "c rs I ecen'! bridge playing experience. Instructor: r,~ :' " f,pal rew. fc' . HI \frE:V' V, . : lv1ar. G-A~r. 24 1:00.3:15 pm BAR CODE 7296 --' ~: r'~ }': (): L~l. r~ ~;:: H:E ME MEIER: $28.60 NON.ME:MI3ER: $39.30 DIJ",ATION: 9 weeks NON-RESmENT: $52.613 These clc.sses are tor the active senior who wishes to main- tain a re~ular fitness routine. Each class consists of a warm- up, cardiovascular activity, strength and fiexibility exercise!' and a cool-down. Participants are encourage:J to E,xercise at their own pace. Dress in comfortable clothing and join the fun! ALLAINUALE CC)NI)ITIONING ROOM BI~R COI)E TWICE ,a WEEK Tue.& Jen. 8-Mar. 7 9:00-9:45 arn 75>49 Thu. FlEE MEMBER: $16.08 DUf!~,"!"!ON: 9 weeks ONCE " WEEK Thu. Jc.n. 1 O-Mar. 7 NON-MEMBER: $26.78 NOH-R!~SmEH1i: $40.16 B,ft.1R COI)E 10:00-10:4!; am 7645 F...'G,:Ao:'" ~! I~~ ~~~; :S; \ ..~ Let our qualified and enthusiastic instructor take y.:)u through a complete workout, starting with a warm up, cardiovascular seg8ent. muscle endurance and a cool down and stretching componEnt. Stay flexible and keep those muscles toned with the use (.f free weights, wands and balls Dress in comfort- able cloU1ing and supportive shoes. Participants are encour- aged to exercise a1 '!heir own pace! Instructor: Barb Stephens ALlAN\)ALE CONDITIONING ROOM FEE ME:MBE:R: $28.60 NON-MEMBER: $39.30 DUnATnON: 9 weeks NON-RESIDENT: $52.68 Mon. & Jan. 7-Mar. 6 2:15-3:00 pm CODE: 7548 Wed. PAFlKV1EW FEE: ..u:MBER: $31.46 DUI~AT!ION: 10 weeks Wed, & Jan. 16-Mar. 22 Fri. BARRIE PARKS & RECREATION. WINTER 2002 .67 10 c )_ r\\t)\\TT~ nF,' INJNrS-F'I.L.,- .L '-' ." ""-", . u _ _.J...L". _ __ 2147 INNISFIL BEACH ROAD INNISFIL, ONTARIO L9S 1Al TEL: (705) 436-3710 · FAX: (705) 436-7120 TOLL FREE TEL. FROM 775 EXC. (705) 456-3353 WEB SITE: www.town.mrusfil.on.ca March 1, 2002 Minister of Health and Long Tenn Care Hepburn Block 10th Floor 80 Grosvenor Street Toronto, Ontario M7A 2C4 Attention: Honourable Tony Clement Subject: Regional Cancer Treatment Centre at the Royal Victoria Hospital Town File: RVH Please be advised that Council for the Town ofInnisfil adopted Council Resolution No. CR-071.02 on February 27,2002. BE IT RESOLVED THAT: WII F HEAS the Royal Victoria Hospital has been preparing for three years to become a Rl'~iCJnaJ Cancer Treatment Centre; and WII FREAS Oncologist's in Barrie are seeing as many as 15 new patients a week; and "" FREAS people who require this )ife saving radiation have no choice but to travel long diq;J/lces, no matter what the weather, at a time when they are enduring severe physical and emotional hardship; and WI) FREAS there is no Regional Cancer Treatment Centre between Toronto and Sudbury; and WHEREAS the Simcoe York District Health Council has supported RVH in their endeavors to host a Regional Cancer Care Centre; and WHEREAS the Deputy Minister of Health has sent a letter to the District Health Centre saying that RVH wi)) not be considered in the foreseeable future. .../2 JJ~J",;("+;1 U/l'1/}i~/) (JrH~!I'~:J'f!l?"in,' 1\"';. ~ 1::., /V c )-<-- Premier of Ontario - March 1,2002 Page 2 NO'V THEREFORE BE JT RESOLVED THAT The Corporation of the Town of Jnnism requests the Minister of HeaHh to commit immediately to buiJding a Regional Cancer Care Centre at the Royal Victoria Hospital in Barrie, in order to provide our growing population vdth the equitable health care our people deserve. AND FURTHERMORE that a copy of this resolution be sent to the Premier, the Minister of Healtb and our local members ofpariiament Mr. J. Tascona, M.P.P., Barrie-Simcoe-Bradford, the Honourable Mr. J. "Tilson, M.P.P., Simcoe-Grey, Mr. G. Dunlop, M.P.P., Simcoe-North and all Simcoe County Municipalities for their support. In accordance with the above motion, we would like to request your support for this most needed facility. Should you have any questions or require additional infonnation, please contact our office. Yours very truly, TOWN OF INNISFIL, ~4u Helen E. Cyr, A.M.C.T.O Deputy Clerk cc Hon. M. Harris, Premier of Ontario J. Tascona, M.P.P., Barrie-Simcoe-Bradford Hon. J. Wilson, M.P.P. Simcoe-Grey G. Dunlop, M.P.P. Simcoe-North All Simcoe County Municipalities CITY HALL 70 Co11ier Street TEL. (705) 739-4200 FAX. (705) 739-4244 /0 cJ. ) .. I 'I &, t::"~ ~~AREt!B];Q.1)';_' P.O. BOX 400 BARRIE, ONTARIO lAM 4T5 mayor@city.barrie.on.ca OFFICE OF THE MAYOR March 1, 2002 Deputy Mayor Neil Craig Township of Oro-Medonte Box 100 Oro, ON LOL 2XO Dear Deputy Mayor Craig: Re: Support for Commuter Rail Service to South Simcoe In October 2001, a Business Case study was completed indicating the feasibility of extending GO Train service to Barrie, based on the extension of the current Bradford-Toronto GO Train service. This study was led by the City of Barrie with the financial support of the Towns of Essa, New Tecumseth, and Innisfil, and the Township of Oro-Medonte. As you may be aware, the City of BalTie has recently submitted an Expression of Interest for Phase 1 funding consideration for the extension of commuter rail service to BalTie, based on the Business Case report. This application was made under the province's Golden Horseshoe Transit Investment Partnership (GTIP) program. At a recent meeting of Central Simcoe Mayors, I raised the issue of GO Transit and commuter rail possibilities for our area, and recommended that area municipalities and the County pass resolutions regarding the need for rail service to the South Simcoe Area. Attached is a suggested resolution for your council to consider. A strong show of support on the part of our area municipal Councils will enhance the profile of our application, and if successful, the return of commuter raii service to this area will have wide ranging benefits to all of the citizens of our area. I trust this is satisfactory and invite you to call if you have any questions or require further information. We look forward tQ your support. cc: Mayor Coutts, Township of Springwater Mayor Davis, Township of Essa Mayor Jackson, Town ofInnisfil Warden Dr. Garry, County of Simcoe "The People Are The City" J"-" ...... / - "- Proposed Resolution: 1. "That the Township of Oro-Medonte recognizes the need for commuter rail service to the South Simcoe area; 2. That the Township of Oro-Medonte strongly supports the Golden Horseshoe Transit Investment Program application submitted by the City of Barrie: and 3. That the Township of Oro-Medonte express this support to the province, through the Minister of Transportation and our local Member oj Provincial Parliament. "The People Are The City" 4, r I V..J<-[ , " ; HORSESHOE [J!l J 1 \~'.i Ms. Jennifer Zieleniewski Townshi p of 01'0- Medonte Administration Centre P.O. Box 100 Oro-Medonte, Ontario LOL 2XO "..;;~.'\" '~.;.::{l~'l~"r~H"'r'~.~ ~"")",,\'" 01' " ,.' ',,'" "", A.~ "'\\'M'" ' .< ',.'. !~'/ f '~" _ \:~".h..; '?; ~:/; / '''''4 ~v: ,/;r.;~ ~-:y! \.;'" 1. """-/ "r .........,..~) e>::! \:"8'~\1 C ';-' '. >-::. ~o, ,~ -:.:...1 i~i:J .:......~ F-~~f .~.... . \.!! ~ January 28, 2002 Dear Jennifer: You are aware that Horseshoe Resort owns and operates a water system that provides water to the Resort, Cross Country, The Heights, Simcoe Condo 35 and homes in Plans 1531, MI0, MIl, M23 and Plan 1587. The total number of residences within these plans and Simcoe Condo 35 is 323. Simcoe Condo 35 and Plans 1531, M 10, M 11, M23 are located in the old township of Medonte and are subject to a Water Rights Guarantee Agreement dated May 23, 1980. Plan 1587 is not subject to this agreement as it is located in the old township of 01'0. The 1980 agreement allows for a fixed water rate plus the cost of collection. An annual cost of living increases as indexed by Statistics Canada during a calendar year, preceding the water billing is allowed for. The agreement also allows for rate increases due to annual electrical power increases and improvement costs to the system. In the last number of years, large capital costs have been incurred by Horseshoe Resort to maintain the system culminating in the major costs now needed to conform with the new Ontario Water Resources Act Regulation of August 2000. It is the opinion of Horseshoe Valley Resort that the water rates charged have not kept pace with the costs now incurred to operate and maintain the water system. HORSESHOE VALLEY RESORT LTD. P.O. BOX 10, HORSESHOE VALLEY, R.R.I, BARRIE, ONTARIO. CANADA L4M 4Y8 TORONTO DIRECT: (416) 283-2988 BARRIE. ORILLlA, MIDLAND: (705) 835-2790 INTERNET: resorr.info@horseshoeresorr.com FAX #: (705) 835-6352 WEBSITE: h"p:llwww.horseshoeresort.com '" lOA...) Z . . I , , Horseshoe is requesting a water rate increase to those it services that is equivalent to the water rate charged with the similar Zone 2 Horseshoe water system operated by the Township of Oro-Medonte. I look forward to your reply and am available for any questions you may have. YOd~uly, /'./ /f?1Q?:;Z h/H:S~c..- Martin Kimble Vice President of Operations and Development cc: Keith Mathieson, Director of Engineering and Environmental Services Walter Dickie, Councillor J I .. "' I I ! \ C ) - / MERIDIAN MNNING CONSULTANTS INC. In Attendance: Kathy Woeller MNR Ernie Dryden Ralph Hough Adam Thomson Ian Beard Neil Craig Jackie Fraser Keith Mathieson Patrick Capobianco Bob Law Paul Marshall Martha Scott Mike Jones Andria Leigh June Little Nick McDonald Chris Jones Date: January 8, 2002 @9:30am Location: Oro-Medonte Purpose: To meet and decide on a surface boundary for the Oro-Moraine and discuss the criteria for preservation of the ecological and hydrogeological features of the Oro Moraine Absent: Keith Sherman T odd Stocks File Number: 2080 Items Discussed: INTRODUCTION - Nick We have already spent a lot of time on the boundary; We will be looking at issues relating to the boundary ORO-MORAINE MAPPING Mike Jones - Six potential boundaries but boundary based on Barnett 1997 is preferred. Two areas of discrepancy: i. tail is not believed to be part of the Moraine; ii. Boundary had to interpolated at the east end; We should use Barnett plus a 500 m buffer; Peter Barnett geologist with Ontario geological survey and at Waterloo. Boundary is based on air photo interpretation and land forms; 500 metre reflects area of impact with respect to draw down upon a municipal well. At 200m the impact on a well is 2 to 3 metres; At 500 m the impact on a well is </ metres Oak Ridges Moraine also has - 2 boundaries i. geologic unit; 1 ii. study area boundary Ernie Dryden - We should use the Barnett Line Nick - The intent is to use the Barnett Line Kathy - We are changing the designation inside the boundary, outside the boundary the designations may not change but additional policies! studies may apply. Mike: Glacier - 1. Kame Moraine - Oro Moraine 2. Lobe Moraine - Oak Ridges Moraine Jackie - What is the impact of a well in the Moraine? Mike - Depends how hard you pump - minimal for a well serving a detached dwelling Ralph - We will be challenged regardless - let us rationalize the buffer at lot lines. Mike - That's the intention Nick - Easier to interpret, we can build some discretion Kathy - We don't square up wetland boundaries on ANSI's Mayor - Let's err on the side of caution. Ernie - Let's call it the Moraine Boundary and the Planning Boundary June - Is the planning boundary not about aquifer protection? Mike - Yes, but there is an element of land use to consider with aquifer protection. Nick - We are agreed to use the Barnett Line; produce map with one boundary; \':e are agreed to use a 500 metre planning area that is rationale; Bob - Ample justification to create a 500 metre buffer without proximity to Moraine. ECOLOGICAL FEATURES Mike - This is preliminary, we are considering a ranking. Must identify environmental features from biological and hydrogeological perspective - object is to use existing map resources - Map 1 - Hydrogeologic - soil type, permeability, topography - Map 2 - Natural Heritage - size of units, habitat, potential, linkages - develop a rating system, similar to wetland evaluation - focus on scientific criteria, stay away from views and vistas - means of prioritizing protection areas iILij-"- 2 I \ -, r"', 1- 111( ~) ......; Jackie - How old is the EP mapping? Nick - Provided by the MNR for the EP boundaries in 1994-1995 There isn't much EPV In the Moraine, just outside the Moraine. Features in the Moraine are primarily EP2 (woodlands) Neil Craig - MNR's initiating work relative endangered species Kathy - MNR is updating dated records (threatened species first) - starting in the spring, MNR has to get permission - Couchiching Conservation has studied forest cover from 82-98 - reduction in interior forest Ernie - Would we have four designations like in Oak Ridges? Nick - The Oak Ridges Moraine designations aren't new, we will see what information comes from the evaluations. Mike - There is an issue of scale between Oro-Moraine and Oak Ridges Moraine Jim Woodford - I don't see much field work happening Nick - We are trying to develop a first step of base information, in the spring we will initiate field work Mike - Four to six weeks - polygon mapping - criteria ranking Mayor - If a citizen wants to submit background work that's fine. Nick - Let's get a base of information and people may be interested in the areas not identified CRITERIA FOR NATURAL CORE IDENTIFICATION Mike - Has identified a core area of recharge June - County wide Hydrogeological study may be helpful Mike - Severn Sound and NVCA are doing studies that divide the Oro-Moraine; HELP model was originally used to find landfills Examine forest units, contiguous units, complexing of community types Look at lands adjacent to EP1 Superimpose groundwater functions Nick - Believe our goal is to protect as much land as possible. Should we have a minimum amount of land that is protected? If we allow incremental growth the function of the Moraine can be impacted. 3 Ernie - The Province should donate the Edgar site. Mike - Experience is with watershed planning; do not want to suggest a minimum % right now; Models tend to look at impacts of degradation, use water budgets Nick - The protection of vistas and views will be much more difficult to determine; social and cultural elements, committee should be thinking about this issue. Martha - There is some resource information on scientific vistas and views CRAIG HURST SECONDARY PLAN Nick - Council decided it was premature to complete the study before this work is done. January 29, 2002, there will be a public meeting in Craighurst. OTHER Ernie - Has reviewed existing Official Plan Policies. Many issues to discuss - some are legal Jackie - What about aggregate? Nick - Ecological and environmental are the first step, science first, practical land use is next. Meeting adjourned at 12:15 pm Minutes prepared by: Chris Jones Please advise of any errors or omissions within 10 days Copy to all attendees i I D FI 4 14q)-1 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-018 BEING A BY-lAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND BARRIE Y.M.C.A. WHEREAS the Municipal Act, R.S.O. 1990, c.MAS, Section 207, Subsection 28, as amended, provides that municipalities may enter into agreements for the carrying on of any community of joint community program of recreation; AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement with the Barrie Y.M.CA. for lease of the parkland and buildings in Memorial Park; 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 Barrie Y.M.CA., 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 20TH DAYOF MARCH, 2002. BY-LAW READ A THIRD AND FINAL TIME THIS DAY OF , 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting Mayor, J. Neil Craig Clerk, Marilyn pennycook . . I~ aJ-~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE "Day Camp Operation at Memorial Park, 2002" AGREEMENT BETWEEN: The Corporation of the Township of Oro-Medonte and The Barrie YMCA 22 Grove Street West, Barrie, ON L4N 1M? The undersigned have examined the conditions of the AGREEMENT pertaining to the operation of a Day Camp, have visited the site and are fully informed as to the nature and conditions of the site. The undersigned hereby offer to run a Day Camp program at Memorial Park and have use of the two (2) pavilions and one (1) storage area in the large pavilion, and the general use of the park property for a rental rate of $1,200.00 (one thousand and two hundred dollars). TERMS AND CONDITIONS: The Barrie YMCA will pay the Township $1,200.00 rental for the use of said buildings and park property. The Barrie YMCA will provide to the Township a $500.00 damage deposit. These amounts are due to be paid by June 28, 2002. The Barrie YMCA will occupy the one (1) storage area in the large pavilion for use of the Day Camp Director and staff from July 2, 2002 to August 23, 2002, ~.1onday to Friday, 8:00 a.m. to 5:00 p.m. There will be limited access to the a rea for preparation during the month of June 2002. The Barrie YMCA will have use of both pavilions and general use of the entire property for their Day Camp program. The Barrie YMCA day camp staff will remove the luncheon garbage on a daily basis. The Barrie YMCA will provide the Township with proof of liability insurance naming the Township of Oro-Medonte as additionally insured and shall protect / ..... / u /) ) ...:::i I '-l..l :..;; the municipality against all claims for all damage or injury, including death, to any person or persons, and for any damage to any property of the municipality. The Barrie YMCA will comply with any laws, statues, by-laws and regulations that are applicable to a daily Day Camp operation for children aged 5 - 12 years. The Barrie YMCA understands that the general public will continue to have use of the park during the operation of the Day Camp. Either party can terminate this AGREEMENT by providing a ten-day written notice to the other party prior to the termination date. The Corporation of the Township of Oro-Medonte J. Neil Craig, Acting Mayor Marilyn Pennycook, Clerk Dorothy Bourdeau, Program Co-ordinator Ba rrie YMCA Dated this day of , 2002. 1'+ b)-I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-021 Being a By-law to Amend Schedule 'A' of By-law No. 96-35, to establish a procedure governing the sale of real property. WHEREAS the Municipal Act, the Municipal Act, R.S.O. 1990, c.M.45, Section 193(2) authorizes the Council of a municipality to establish procedures governing the sale of real property; AND WHEREAS the Corporation of the Township of Oro-Medonte did, on the 17th day of April, 1996 enact By-law Number 96-35 to establish a procedure governing the sale of real property; AND WHEREAS, Schedule' A', Procedure - Sale of Real Property, attached thereto forms part of By-law No. 96-35; AND WHEREAS, Council of The Corporation of the Township of Oro-Medonte deems it necessary to amend Schedule' A' to By-law No. 96-35; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: I. That Schedule 'A' to By--Iaw Number 96,35 be deleted and replaced with Schedule' A' attached hereto and forming part of this By-law. 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 20th day of February, 2002. Read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting Mayor, J. Neil Craig Clerk, Marilyn Pennycook Ii.{ b) - ~ o Schedule "A" to By-law No. 2002-21 Procedure - Sale of Real Property ./ I. The Clerk shall publish a notice of the intended sale of the real property at least once in one (1) newspaper having local circulation in the Township. The notice shall specify that anyone wishing to comment on the proposed sale may do so by delivering such comment in writing to the Clerk at the Township offices. The final date for submitting such comments will be specified in the notice. Any comments received shall be considered by Council, which in its sole discretion shall decide if any further action shall be taken on same. 2. Obtain a survey of the real property proposed to be disposed of from a Registered Ontario Land Surveyor, if deemed necessary. 3. Obtain an appraisal of the real property proposed to be disposed. For those properties specifically exempted by Regulation from the appraisal requirement, Council may, in its discretion, obtain an appraisal. An appraisal shall be a written opinion of the market value of the real property and shall be prepared by a registered member of the Appraisal Institute of Canada in good standing and such appraiser shall not be a real estate agent nor be directly connected with any real estate brokerage firm. 4.1 Council shall determine in its sole discretion, by resolution, to dispose of the surplus real property by either of the three (3) following methods; sale by public tender, sale by real estate firm or broker, or direct sale to a landowner. 4.2 Should Council determine to sell the real property by tender, the following apply: (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements, shall be established. (b) An estimated bid amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.2(a) above. Notwithstanding the foregoing, Council may accept an amount less than the estimated bid amount. (c) An advertisement shall be placed in at least three (3) newspapers having general circulation in the Township and which in combination are intended to provide coverage throughout the entire geographic area of the Township. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the final date that offers will be accepted and shall include the following statement "the highest or any offer may not necessarily be accepted." (d) The tender documents shall be delivered in person to the Clerk by the date specified therein. 4.3 Should Council determine to engage a real estate firm or broker to sell the real property, the following applies: (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. 1'1 , b \ ~ '"2 ..J ..) (b) A listing amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.3(a) above. Notwithstanding the foregoing, Council may accept an amount less than the listing amount. (c) An advertisement shall be placed in a~ least three (3) newspapers having general circulation in the Township inviting real estate brokers to submit a listing agreement to Council for consideration. (d) The accepted listing agreement, including commission percentage, must be approved by resolution of Council and the approval shall include authorization for the Mayor and Clerk to sign. (e) The offers shall be submitted to the Clerk on the standard Ontario Real Estate Offer to Purchase forms and shall provide for an irrevocable period of at least fourteen (14) days. 4.4 Should Council determine to sell the real property directly to a landowner(s), the landowner to whom the real property is to be conveyed must be a landowner (other than a mortgagee or chargee) who abuts the real property or an owner of other land in the Township (other than a mortgagee or chargee) who claims legal interest in the property such as, but not limited to: an easement, a right-of-way, possesory title or a restrictive covenant. (a) Costs incurred or anticipated to dispose of the real property such as legal fees, survey, appraisal, encumbrances, advertising and improvements, shall be established. (b) An estimated purchase amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.4(a) above. Notwithstanding the foregoing, Council may accept an amount less than the estimated purchase amount. Jt.f c ) -{ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-023 / Being a By-law to Authorize the Execution of a Pre-Service Agreement (Laurel View Homes (HV) Inc.) 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; AND WHEREAS, pursuant to By-law #97-86 of the Township of Oro-Medonte, it is deemed desirable for the Township to enter into a Pre-Service Agreement with the Owner (Laurel View Homes (HV) Inc.), Parcel 2-9, Section 51-0ro-4 (former Township of Oro), Being all of PIN #74055-0119(Lt), County of Simcoe (Phase I of Horeshoe Adult Lifestyle Community); 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 Pre-Service Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Municipality shall be entitled to enforce the provisions of the Pre- Service Agreement against the owners. 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 20th day of March, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting Mayor, J. Neil Craig Clerk, Marilyn pennycook Schedule I A' to I if c.. ) - a. By-law No_ 2002-023 PRE-SERVICING AGREEMENT - between - LAUREL VIEW HOMES (HV) INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE December, 2001 By-Law No. DESCRIPTION OF LANDS Parcel 2-9, Section 51-0ro-4 (Former Township of Oro), Being all of PIN #74055-0119 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE fl/e \_~ '1 J .- PRE-SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: The Corporation of the Township of Oro-Medonte (hereinafter called the "Township") - and - laurel View Homes (HV) Inc. (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the "Subdivision lands"); AND WHEREAS the Developer desires to commence installing municipal services with the Subdivision lands prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; NOW THEREFORE THE PARTIES HERETO AGREE AS FOllOWS: 1. ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk in commencing installation of Township services on the Subdivision lands, prior to the execution of a Subdivision Agreement with the Township, and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1.2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre-servicing of the Subdivision lands shall cease immediately. 1.3 The Developer acknowledges and agrees that engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. 1.4 The Developer acknowledges and agrees this approval relates only to the installation of the following Township services: 1. Rough grading, as per limits shown on URS Cole Sherman Grading Plans l1 and l2 dated October, 2001. 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. " 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. ItjC)-i 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township provisions. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: 1. Retainer - That their firm has been retained by the Developers to act as Consulting Engineers for Laurel View Homes (HV) Inc.; 2. Terms of Retainer - The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals - Obtain all necessary approvals to construct; d) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts with regard to telephone, cable T.V. and Township services; e) On-Site Inspections - Ensure that all on-site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; f) As Constructed Drawings - Submit certified "as-constructed" drawings after acceptance of the Township services; g) Change in Retainer - If, at any time during the project: i) the terms of their retainer are changed by the Developer, or; ii) if they become aware that they will not be able to provide "as constructed" drawings, they will notify the Township within twenty-four (24) hours; h) Erosion and Siltation Control - Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) the Township Engineer has no objection to the pre-servicing; 2) the Planning Department has no objection to the pre-servicing; 3) the Township Solicitors have no legal objections to the pre-servicing. c) Payment of cash or certified cheque required to cover the cost of the Township's lawyer and planner, for all costs involved in processing the Pre- Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township for the sum of 3 Five Thousand Five Hundred Dollars ($5,500.00). 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. In the event that the deposit is drawn down to a level of Two Thousand Five Hundred Dollars ($2,500.00) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer is in default of this Agreement and all work must cease. l~c)-5 d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule "B", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township default under the terms of this Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part. e) A certified copy of an insurance policy, or a certificate of insurance, confirming comprehensive general liability in the amount of Five Million Dollars ($5,000,000.00), naming the Township as co-insured, and containing the following additional provisions or endorsements: 1) Products/Completed Operations provisions; 2) Cross-liability clause; 3) Blasting included, only if done by independent contractor; 4) Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days, in advance, of any cancellation or expiry of the said Insurance Policy. f) All Servicing Plans shall be submitted to and accepted by the Township Engineer. g) The Ministry of the Environment and Energy have given technical approval to the Servicing Plans. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the I ' Township in remedying the default on the part of the Developer, or in addressing 7 the emergency situation. \ ~ \-b ..I 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township;' in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. 7. NOTICE 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Laurel View Homes (HV) Inc. 4001 Chesswood Drive NORTH YORK, Ontario M3J 2R8 and such notice shall be deemed to have been given and received on the third day after mailing. 8. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. IN WIT~ESS WHEREOF the DeveloP7r ha hereunto set its hands and seals this 2:2 ,(.i:J) day of r c~t f,.zee-t: 2. tHJ 2 . ; ~ Jerry leiderman HAS THE AUTHORITY TO BIND THE CORPORATION IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this day of ,2001. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: I~~~~~~YQ~ J. Neil Craig, Acting Mayor Marilyn pennycook, Clerk Per: 5 I ~ c )-7 SCHEDULE "A" DESCRIPTION OF LANDS Parcel 2-9, Section 51-0ro-4, (former Township of Oro), being all of PIN #74055-0119 (Lt), Township of Oro-Medonte, County of Simcoe. " SCHEDULE "B" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP 1. Siltation control or any other works that may be performed by or for the Township of Oro-Medonte, off-site, resulting from work performed under the Pre-Servicing Agreement TOTAL CASH DEPOSITS TO THE TOWNSHIP SECURITY TO BE DEPOSITED WITH THE TOWNSHIP $ 20,000.00 $ 20,000.00 I tf c) -<2: $ 20,000.00 " rl . . ., " II ROYAL BANK /~ c )-q ORIG~NAL PAGE: 1 INT'L TRADE CENTRE - ONTARIO 180 WELLINGTON ST W., 9TH FLOOR, TORONTO, ONTARIO, M5J IJl CANADA DATE OF ISSUE: FEBRUARY 28, 2002 OUR REFERENCE NUMBER: P166284T07512 DATE OF EXPIRY: FEBRUARY 27, 2003 PLACE OF EXPIRY: TORONTO, ONTARIO BENEFICIARY: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. BOX 100 ORO, ONTARIO LOL 2X6 APPLICANT: LAUREL VIEW HOMES (HV) INC_ 4002 CHESSWOOD DRIVE NORTH YORK, ONTARIO M3J 2R8 AMOUNT: CAD 20,000.00 TWENTY THOUSAND AND 00/100'S CANADIAN DOLLARS IRREVOCABLE STANDBY LETTER OF CREDIT NO. P266284T07512. WE HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO, M5J 2Jl, FOR THE ACCOUNT OF LAUREL VIEW HOMES (HV) INC., UP TO AN AGGREGATE AMOUNT OF TWENTY THOUSAND AND 00/100'S, CANADIAN DOLLARS (CAD.20,OOO.00) AVAILABLE ON DEMAND. PURSUANT TO THE REQUEST OF OUR CUSTOMER, THE SAID LAUREL VIEW HOMES (HV) INC., WE, ROYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON . STREET WEST, TORONTO, ONTARIO M5J 1J1, HEREBY ESTABLISH AND GIVE YOU AN IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOUR IN THE TOTAL AMOUNT OF CAD.20,000.OI WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME UPON WRITTEN DEMAND FOR PAYMENT MADE UPON US BY YOU WHICH DEMAND WE SHALL HONOUR WITHOUT l~ ., II ROYAL BANK /'fc)-IO ORIGINAL P166284T07512 PAGE: 2 ENQUIRING WHETHER YOU HAVE A RIGHT AS BETWEEN YOURSELF AND OUR SAID CUSTOMER TO MAKE SUCH DEMAND, AND WITHOUT RECOGNIZING ANY CLAIM OF OUR SAID CUSTOMER OR OBJECTION BY THEM TO PAYMENT BY US. DEMAND SHALL BE BY WAY OF A LETTER SIGNED BY AN AUTHORIZED SIGNING OFFICER OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. THE ORIGINAL LETTER OF CREDIT MUST BE PRESENTED TO US AT ROYAL BANK OF CANADA, INTERNATIONAL TRADE . CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO M5J 1Jl. THE LETTER OF CREDIT, WE UNDERSTAND, RELATES TO A SUBDIVISION AGREEMENT BETWEEN OUR SAID CUSTOMER AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, WITH MORTGAGE COMPANY AS A THIRD PARTY, REGARDING SUBDIVISION OF LANDSCAPES AT HORSESHOE, HIGHLAND DRIVE AND ORO 3RD LINE. THE AMOUNT OF THIS STANDBY LETTER OF CREDIT MAY BE REDUCED FROM TIME TO TIME AS ADVISED BY NOTICE IN WRITING, GIVEN TO US BY AN AUTHORIZED SIGNING OFFICER OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. PARTIAL DRAWINGS ARE PERMITTED. WE HEREBY AGREE THAT PARTIAL DRAWINGS UNDER THIS LETTER OF CREDIT WILL BE DULY HONOURED UPON DEMAND. THIS LETTER OF CREDIT WILL CONTINUE IN FORCE FOR A PERIOD OF ONE YEAR, BUT SHALL BE SUBJECT TO THE CONDITION HEREINAFTER SET FORTH. IT IS A Cm:-DITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED TO BE AUTOMATICl-.:,LY EXTENDED WITHOUT AMENDMENT FROM YEAR TO YEAR, FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE HEREOF, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO THE PRESENT, CF ANY FUTURE EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGISTERED MAIL OR C::::j-FIER THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT TO BE RENEWABLE ~OR ANY ADDITIONAL PERIOD. EXCEPT AS 2THERWISE EXPRESSLY STATED THIS CREDIT IS ISSUED SUBJECT TO UNIFORM CUSTOMS ~:: PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), ICC PUBLICATION NO. 500. WE ENGAGE ~O HONOUR PRESENTATIONS SUBMITTED WITHIN THE TERMS AND CONDITIONS INDICATED ABOVE. tl . II ROYAL BANK I'fc)-/i ORiGiNAL P166284T07512 PAGE: 3 R Y ,J;3ANK OF CANADA " . I) ~ - AUTH,RIZED SIGNATURE ~ OTHER SIGTURE V , JUU 4- WONCry , THIS DOCUMENT CONSISTS OF 3 PAGE(S). , l'ffJ )-/ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-024 Being a By-law to Authorize the Execution of a Pre-Service Agreement 1091402 Ontario Limited (Woodland Subdivision) WHEREAS Section 51, Subsection (26) of the Planning Act, RS.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; AND WHEREAS, pursuant to By-law #97-86 of the Township of Orc-Medonte, it is deemed desirable for the Township to enter into a Pre-Service Agreement with the Owner, 1091402 Ontario Limited (Woodland Subdivision), Part of Lot 35, Concession 1, E.P.R (Oro), Part E 'V2 and Part W'V2 Lot 36, Concession 1, E.P.R (Orc), Part road allowance between Lots 35 and 36, Concession 1, E.P.R (Orc), as closed by By-law No. 491, No. Lt. 420998, being Parts 1, 2 and 3, 51 R-29242, being all of PIN #58535- 0099(Lt.); 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 Pre-Service Agreement. a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Municipality shall be entitled to enforce the provisions of the Pre- Service Agreement aga'inst the owners. 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 20th day of March, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule 'A' to By-law No. 2002-024 PRE-SERVICING AGREEMENT - between - 1091402 ONTARIO LTD. (WOODLAND SUBDIVISION) - and - THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE DESCRIPTION OF LANDS Part Lot 35, Concession 1, E.P.R. (Oro), Part E. % and Part W. % Lot 36, Concession 1, E.P.R. (Oro), Part Road Allowance Between Lots 35 and 36, Concession 1, E.P.R. (Oro) as Closed by By-Law No. 491 No. Lt 420998, Being Parts 1, 2, 3, 51R-29242 Being all of PIN #58535-0099 (Lt) June, 2001 By-Law No. TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ILfd)-c;,- l'1d)-3 PRE-SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: The Corporation of the Township of Oro-Medonte (hereinafter called the "Township") - and - 1091402 Ontario Ltd. (Woodland Subdivision) (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the "Subdivision lands"); AND WHEREAS the Developer desires to commence installing municipal services with the Subdivision lands prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; NOW THEREFORE THE PARTIES HERETO AGREE AS FOllOWS: 1. ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk in commencing installation of Township services on the Subdivision lands, prior to the execution of a Subdivision Agreement with the Township, and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1.2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre-servicing of the Subdivision lands shall cease immediately. 1.3 The Developer acknowledges and agrees that engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. 1.4 The Developer acknowledges and agrees this approval relates only to the installation of the following Township services: 1. Storm Works; 2. Road Works; 3. Fire Reservoir; 4. Underground Utilities. 2 It d) - Y 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township provisions. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified engineer experienced in the field of Township services confirming: 1. Retainer - That their firm has been retained by the Developers to act as consulting engineers for 1091402 Ontario Ltd. 2. Terms of Retainer - The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals - Obtain all necessary approvals to construct; d) Co-ordination - Co-ordinate the installation of Township services to avoid conflicts with regard to telephone, cable T.V. and Township services; e) On-Site Inspections - Insure that all on-site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; f) As Constructed Drawings - Submit certified "as-constructed" drawings after acceptance of the Township services; g) Change in Retainer - If, at any time during the project i) the terms of their retainer are changed by the Developer, or ii) if they become aware that they will not be able to provide "as-constructed" drawings, they will notify the Township within twenty-four (24) hours. h) Erosion and Siltation Control- Insure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc. Both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) The Township Engineer has no objection to the pre-servicing; 2) The Planning Department has no objection to the pre-servicing; 3) The Township Solicitors have no legal objections to the pre-servicing. 3 i I <J J ..... c) Payment of cash or certified cheque required to cover the cost of the Township's Lawyer and Planner, for all costs involved in processing the Pre-Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township for the sum of Five Thousand Dol/ars ($5,000.00). 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 wit,hin thirty (30) days. In the event that the deposit is drawn down to a level of Two Thousand Dol/ars ($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 is in default of this agreement and all work must cease. d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule "B", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township default under the terms of this agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part. e) A certified copy of an insurance policy, or a certificate of insurance, confirming comprehensive general liability in the amount of Five Million Dol/ars, ($5,000,000.00), naming the Township as co-insured, and containing the following additional provisions or endorsements: 1) Products/Completed Operations provisions; 2) Cross-liability clause; 3) Blasting included, only if done by independent contractor 4) Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days in advance of any cancellation or expiry of the said Insurance Policy. f) All servicing plans shall be submitted to and accepted by the Township Engineer. g) The Ministry of the Environment and Energy have given technical approval to the servicing plans. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Township services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the engineering design of the Township services, and for ensuring that the Township services to be installed will function as intended and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4 , f \ lifd)-b 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Qeveloper pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed. inspected, and approved. 7. NOTICE 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: P.O. Box 2088 ORILLlA, Ontario L3V 6R9 FAX #: (705) 325-7362 and such notice shall be deemed to have been given and received on the third day after mailing. 8. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. ~ WITNESS HSREOF the Developer has hereunto set its hands and seals this /-< (jay of .~-C , 2001. Per: Luigi Orsi, Developer ~ WITNEiS, ~H~E~6~T;wnshiP has hereunto sets its hands and seals this J""ay of ." ()~ U, 2~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~~~R~~R J. Neil Craig Acting Mayor Per: Per: Marilyn Pennycook, Clerk DESCRIPTION OF LANDS: lid )-7 SCHEDULE "A" / Part Lot 35, Concession 1, E.P.R. (Oro), Part E. % and Part W. % Lot 36, Concession 1, E.P.R. (Oro), Part Road Allowance Between Lots 35 and 36, Concession 1, E.P.R. (Oro) as Closed by By-Law No. 491 No. Lt 420998, Being Parts 1, 2, 3, 51R-29242 Being all of PIN #58535-0099 (Lt) 6 SCHEDULE "B" CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP 1. Siltation control or any other works that may be performed by or for the Township of Oro-Medonte, off-site, resulting from work performed under the Pre-Servicing Agreement TOTAL CASH DEPOSITS TO THE TOWNSHIP SECURITY TO BE DEPOSITED WITH THE TOWNSHIP 7 $ 20,000.00 $ 20,000.00 $ 20,000.00 /tfd)-g /tt'=j-/ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-025 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A LETTER OF AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND DUNCOR ENTERPRISES INC. WHEREAS the Council of the Township of Oro-Medonte entered into Contract No. 12-95034- 23 (5/6 Side road Reconstruction) with Duncor Enterprises Inc. on October 10, 2000; AND WHEREAS the Contractor (Duncor Enterprises Inc.) has made a Claim for Delay dated September 4,2001 in accordance with Section GC 3.14.01; AND WHEREAS negotiations have resulted in an agreement between the Township of Oro- Medonte and the Contractor to withdraw such claim; AND WHEREAS the Council of the Township of Oro-Medonte deems it expedient to execute a letter of agreement with the Contractor (Duncor Enterprises Inc.) to negate such claim; 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 Duncor Enterprises Inc., 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 20TH DAY OF MARCH, 2002. BY-LAW READ A THIRD AND FINAL TIME THIS DAY OF 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting Mayor, J. Neil Craig Clerk, Marilyn pennycook ~ CONSULTING ENGINEERS AND PLANNERS a SCHEDULE ftAft TO BY-LAW NO. 2002-025 JLfe)'~d RG ROBINSON AND ASSOCIATES (BARRIE) LTD Mr. 1. Ball Township ofOro-Medonte Public Works Superintendent 148 Line 7 South Box 100 R.R.#l Oro, Ontario LOL 2XO February 6,2002 Dear Sir: RE: 5/6 ,Side Road Reconstruction Township of Oro-Medonte Contract No. 12-95034-23 (Duncor'sCIaim) As a follow-up to our draft letter of December 20th, 2001 ; and our letter of October 30th, 2001, which outlined our opinion on the validity of the Claim in accordance with Section GC 3.14.01 (05); a meeting was held to attempt to resolve the matter in accordance with Section GC 3.14.02, Negotiations_ Jerry Ball of the Township of Oro-Medonte, Bruce Duncon of Duncor Enterprises Inc., and Al Lees of R.G. Robinson and Associates, Contract Administrator, met on December 61h, 2001, to discuss tbe Claim as per Section GC 3.14.02.Tbe pertinent dates oftbe Contract were reviewed for inclusion in a future report by J. Ball to Council. After much deliberation and discussions it was finally agreed to by aU parties,tbe following: . That Duncor Enterprise Joe. ~ to: · Withdraw their Claim for Delay of September 4th, 2001 and wlil make no future claims for the work perfonnedto date for this contract. · Tbat tbe Township ofOro-Medonte82ree to: · Not pursue any claim for Liquidated Damages or any other claim as per Section 4.5 of the Special Provisions ofthe Contract; and · Upon Approval by Council for the Budget of 2002, will award the surface treatment of the roadway as per Item 1.7 to Duncor Enterprises Inc. at the unit price bid in the Contract. 10 High StTeet, Suite 200, Barrie, Ontario L4N 1W1 (705) 721-9222 Fax (705) 734-0764 engplan@rgra.on.ca @> l'f €) - 7 ....; An three parties will be asked to sign a copy of this letter to serve as an Agreement under the negotiation section of the Contract. If you require any further clarification, please contact our office. Yours truly, 1~:Z AND ASSOCIATES (BARRIE) LID. A. M. Lees, C.E.T. AOl ~ AML:jd Copy: J. Zieleniewski M.Pennycook B. Duncan, Duncor File #12-95034-23 THE UNDERSIGNED ARE IN AGREEMENT WITH THE INTENT OF THIS NEGOTIATION SEITLEMENT OF THE CLAIM.. Ms. Marilyn Pennycook, Clerk Township of Oro-Medonte Date Mr. Jerry Ban, Public Works Superintendent Township of Oro-Medonte Date L-4. iJ~~ Mr. Bruce Duncan, President Duncor Enterprises Inc. fU. 7 .J.t:; e> Z-- Date hl '1 2f)6Z- } Date Mr. J. Neil Craig, Acting Mayor Date . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE I~-f )-1 SITE PLAN CONTROL BY-LAW NO. 2002-027 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement Between Heritage Hills Golf CI~b limited and The Corporation of the Township of Oro-Medonte, described as lands as follows: Part of Lot 10 and Lot D, Concession 2 and Road Allowance between Lot 10 and Lot D, Being Part 1, 51R-28593, being all of PIN #58552-0065 WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, G. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as Appendix "B", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Schedule "A" and Appendix "B" shall form part of this By-Law; 4. THAT this By-Law shall come into force and take effect upon being enacted by Council. BY-LAW READ A FIRST AND SECOND TIME THIS 20th DAY OF MARCH, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting Mayor, J. Neil Craig Clerk, Marilyn Pennycook January, 2002 By-Law No. 2002- Schedule 'A' to BY-law NO. zuuz-u:,u It.j.f)-:A APPENDIX "B" SITE PLAN AGREEMENT - between - HERITAGE HILLS GOLF CLUB LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of Lot 10 and Lot 0, Concession 2 and Road Allowance between Lots 10 and 0 Being Part 1, 51 R-28593 Being all of PIN #58552-0065 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" 1'-I-F)~3 THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 Jt.f+) -L{ SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. 2002, in BETWEEN: HERITAGE HILLS GOLF CLUB LIMITED Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit an eighteen (18) hole golf course on lands described in Schedule "A", attached hereto: AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 / 'i f) - 5 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in $chedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands nor any use made of the subject lands with respect to the proposed development except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the Nottawasaga Valley Conservation Authority, Ministry of Natural Resources and Ministry of the Environment. e) The Owner shall, prior to the execution of this Agreement, pay all Municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, Planner and staff. perform any work in connection with this Agreement. including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way. shall be deemed to include the words "at the expense of the Owner" unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $5,000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township. all Transfers/Deeds, Discharges and Easements or other documents required by Schedule "C", as well as certification from the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) That major golf course construction activity involving the use of heavy equipment not occur in the critical breeding bird season, which is May to June in the Northwest forest, with wetland content and central hardwood forest block that straddles the creek. i) That no construction activity take place between May and June within 30 metres of the edge of the wood lot, in particular adjacent to fairways one (1) and thirteen (13), before 7:00 a.m. and not into summer dusk periods of 8:00 p.m. to 9:00 p.m. j) That appropriate Base Line Monitoring Stations be set up to identify water quality prior to and after construction of the golf course. k) That the Turf Management Report be implemented to mitigate any adverse environmental effects such as sediment and runoff losses of turfgrass chemicals, contamination of groundwater and surface water due to pesticide and chemical leaching, disruption of existing ecosystems, and impacts on other plants and animals. 4 IT-rj-IV I) All works shall be in conformity with all applicable provincial and federal legislation, and also including the federal Fisheries Act. m) That the Owner and the Municipality enter into a Road Agreement to upgrade Gore Road, from Cashway Road to Line 1 South, under separate Site Plan Agreement prior to the issuance of a building permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit an eighteen (18) hole golf course described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. c) That the Township will not issue any building permits for future development of this site until all Site Plans and specifications have been submitted and approved by 2.c.1 (Ministry of the Environment); 2.c.2 (Ministry of Natural Resources); 2.c.3 (Nottawasaga Valley Conservation Authority) and 2.c.4 (Township of Oro- Medonte ). 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan attached hereto as Schedule "B". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86 and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed as in Schedule "B", attached. The Owner agrees to obtain all necessary approvals from the Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound. as identified on Schedule "B". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste as shown on the Site Plan and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. 5 "" ttj+)-7 f) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "S", as soon as weather permits and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto unless and until such changes have been approved, in writing, by all Parties. 5. SECURITY Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one-hundred percent (100%) 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 Sank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year or such time as the Township decides and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated 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 Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owners' agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement . have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6 1'1 1"")-0 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein and upon default on the part of the Owner t:1ereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7 . CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications as required for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants 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. 7 I If f ) -L7 IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED > ) ) HERITAGE HILLS GOLF CLUB LIMITED ) ) Owners Names: ) -"'i',;' ) '; \ ) ~/ ) BrUlje,' ods on ) II i ) , ) Don Hanninen ) ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) )~~~~~dx Acting Mayor, ) J. Neil Craig ) ) ) Clerk, Marilyn Pennycook ) 8 l'j-r)-{D SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heritage Hills Golf Club Limited. LEGAL DESCRIPTION OF LANDS Part of Lot 10 and Lot D, Concession 2 and road allowance between Lots 10 and 0, being Part 1, 51 R-28593, being all of PIN #58552-0065 (Lt), Township of Oro-Medonte, County of Simcoe. 9 '(' L{ j-' '\ ..., J - " I' I -" SCHEDULE "8" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heritage Hills Golf Club Limited. SITE PLAN Plan prepared by C. C. Tatham and Associates Ltd., Drawing No.'s OP-1, SP-1 and SP-2 dated July, 2001, revised dated January, 2002 and SAAR Environmental Ltd. Report "Golf Course Land Use Impact Assessment" dated December 2, 1999. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 10 It..{fl'la SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heritage Hills Golf Club 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 Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A II I i f) -/3 SCHEDULE "0" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heritage Hills Golf Club Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZED CONSTRUCTION ESTIMATE AMOUNT 1. N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. N/A 12 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 'I J f SITE PLAN CONTROL BY-LAW NO. 2002-028 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement Between Trinity Community Presby,terian Church and The Corporation of the Township of Oro-Medonte, described as lands as follows: Pt. Lot 21, Concession 7 (Township of Oro), being Parts 1 and 2, 51 R-30031 being all of PIN #'s 58550-0179 (Lt) and 58550-0181 (Lt) WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O" 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as Appendix "B", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Schedule "A" and Appendix "B" shall form part of this By-Law; 4. THAT this By-Law shall come into force and take effect upon being enacted by Council. BY-LAW READ A FIRST AND SECOND TIME THIS 20th DAY OF MARCH, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting Mayor, J. Neil Craig Clerk, Marilyn Penrwcook f'-l q ).2- Schedule 'A' to By-law No. 2002-028 I APPENDIX "8" SITE PLAN AGREEMENT - between - TRINITY COMMUNITY PRESBYTERIAN CHURCH - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Pt. Lot 21, Concession 7 (Township of Oro) Being Parts 1 and 2, 51 R-30031 Being all of PIN #'5 58550-0179 (Lt) and 58550-0181 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE November, 2001 By-Law No. 2001- Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "c" Schedule "0" Schedule "E" f (7 J 0 THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 { ~ q )-LI ! ' i J i SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. 2001, in BET WEE N: TRINITY COMMUNITY PRESBYTERIAN CHURCH Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the ''Township'' PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a church facility on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 I~ q ru o 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands nor any use made of the subject lands with respect to the proposed development except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe District Health Unit. e) The Owner shall, prior to the execution of this Agreement, pay all Municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, Planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words ~'at the expense of the Owner" unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements or other documents required by Schedule "C", as well as certification from the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a church facility on the Site Plan. . b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 4 III q )-0 \--J 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan attached hereto as Schedule "B". b) LiQhtinQ All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) ParkinQ Areas and Driveways All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86 and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed as in Schedule "B", attached. The Owner agrees that the entrances onto Line 7 South are temporary and may have to be relocated subject to Hwy. #11 North reconstruction works. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside StoraQe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) GarbaQe StoraQe The Owner agrees to provide suitable storage areas for garbage and waste as shown on the Site Plan and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) LandscapinQ The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "S", as soon as weather permits and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto unless and until such changes have been approved, in writing, by all Parties. 5. SECURITY Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "0" to this Agreement (the "said Work"), the following securities: 5 , lJ a) Cash in the amount as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount as approved by the Township Engineer and Township Council. The Letter of Credit shall be for a minimum guaranteed period of one (1) year or such time as the Township decides and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and Security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed. the Township will return said Letter of Credit. t) If in the event of default of th~ Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO-OPERA TION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications as required for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto and upon the lands described in Schedule "N, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 6 9. SEVERABILITY OF CLAUSES I ~ g )-[5 I Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 1 O. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED 7 i'jA ) .W/I::~/ ) Owner: TRINITY COMMUNITY ) PRESBYTERIAN CHURCH ) ) JIM GRAY ) Has the Authority to Bind the ) Corporation ) ) ~ '~--'7.;,/~~~ ) Owner: TRINITY COMMUN ) PRESBYTERIAN CHURCH ) ) DAVID BLACK ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) ) Ma'E>",~anSeud Acting Mayor, ) J. Neil Craig ) ) ) Clerk, Marilyn pennycook SCHEDULE" A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Trinity Community ; Presbyterian Church. . LEGAL DESCRIPTION OF LANDS Pt. Lot 21, Concession 7 (Township of Oro), being Parts 1 and 2, 51 R-30031 , being all of PIN #'s 58550-0179 (Lt) and 58550-0181 (It). 8 iJ I I tti )-!d ....J SCHEDULE "B" NOTE: It is understood and agreed that this Sched,ule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Trinity Community Presbyterian Church. SITE PLAN Site Plan prepared by J. Foster Engineering Ltd., Drawing No.'s 20210-SG; 20210-SS; 20210- 01; 20210-02; 20210-03, dated June 7,2000, revised September 14, 2001. These plans are not in a registerable form and are available from the Township of Oro-Medonte. 9 ! I I J ' , v SCHEDULE"C" NOTE: It is understood and agreed that this Sche<;jule forms part of the Site Plan Agreement between the Township of Oro~Medonte and Trinity Community Presbyterian Church. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP 1.1 Block 5.182m wide road widening 51R- 1.2 Block 5.182m wide road widening 51R- 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 SCHEDULE "0" NOTE: It is understood and agreed that this Schegule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Trinity Community Presbyterian Church. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT Construction of storm water management facility; storm sewer, manhole and headwall; driveways; parking lot; landscaping; and drainage, as per Drawings listed on Schedule UB". $28,900.00 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. $28,900.00 11 1lJ. q \-I~ I I j '-...J ~ . SIMCOE COUNTY 9-1-1 CERB SERVICES ! Y ~). 3 1.1 The parties warrant that the recita1s are tTue. 1.2 The parties to this Agreement warrant that an persons who sign this Agreement on behalf orone of the parties are authorized to represent that party, and to bind it, for all purposes of this Agreement. 2.0 DEFINITIONS For the purposes of this Agreement, the following tenns have the meanings ascribed below: "Agreement" means this Agreement and includes Schedule "A" which forms part of it; "ALl": Automatic Location Identification. A database feature that displays, to the CERB and Remote Agencies, addressl1ocation data with respect to a telephone line from which the 9-1-1 call originates; "ANI": Automatic Number Identification. A database feature that displays the telephone number ofthe primary exchange service that originates the 9-1-1 call; "Annual Rate": The annual rate charged by the a.p.p. to the County for the provision of the services set forth herein to the Simcoe Municipalities, as more particular1y described in Article 3.0 herein; "Bureau Commander": refers to the Commander of Information Techn010gies Bureau of the O.P.P.: "Call Control": a feature that allows the 9-1-1 call taker to maintain control of the 9-1-1 call regan.lie>ss of calling-pa11y action; "CERB': Central Emergency Reporting Bureau serving the 9-1-1 serving area including a teleco1lll11unications centre which is the first point of reception by the O.P.P. of9-1-1 calls; "Com::1i.5sioner": refers to the Commissioner of the O-P_P.; "ESZ". Emergency Services Zone. The geographic area served by a remote agency; "Oper~ting Guidclines": The a.p.p. 9-1-1 CERB Standard Operating Procedure, as it may be amenJed from time to time by the a.p.p., provided that the O.P.P. makes best efforts to provide reasonable notice of such amendments to the County; "Participating Annual Rates": The share of the Annual Rates that shall be paid by eaeh Simcoe Municipality, as more particularly set forth at Section 3.5; "Party" means the County, the O.P.P. or one of the other Simcoe Mrmicipalities, and Parties shall mean, unless stated otherwise, all ofthem; 2 2-11-02; 1:12PM;County of Simcoe Oro Medonte ;7057263991 ... 5/ 20 ~ IJ \ . h tl \ SiMCOE COUNTY 9-1-1 CERB SERVICES "Region Commander": The a.p.p. officer in charge of the region where the CERB is 10eated~ "Remote Agency": The communication center of a fire, police or ambulance service within an ESZ to which calls are transferred from the CERB, and for whlch the remote agency is then responsible for taking appropriate action; "Selective Routing and Transfer": a feature that automaticalJy route$ a 9-1-1 call to the appropriate CERB or Remote Agency based upon the ANJ of the telephone line fTom which the 9-1 ~ 1 call originates; "Unit Commander": refers to the a.p.p. officer responsible for the operation of the CERB; "Warden": Warden for the County; "9-1-1 Committee": a Committee of repre$entative$ of the Si.mcoe Municipaliti.es that may play an advisory role to the a.p.p. related to services provided pursuant to this Agreement, except as set forth in Article 9.0 (Dispute Resolution); "9-1-1 PERS": Public Emergency Reporting Service - Ontario: Features and services provided by Bell pursuant to Bell Canada General Tariff Item 1400 to customers within a 9-1-1 Serving Area for the delivery of9-1~1 calls to the CERB and Remote Agencies. "9-1-1 Serving Area": The geographic area as set out in Schedule "A" pursuant to whieh services shall be provided as set out in this Agreement.:. 3.0 PAYMENTS 3-1 ~ot\Vi!hstandjng any delay or failure to pay monies to the County as arc required to be paid to 11 pursuant to Section 3.5, the County shal1 pay the O.P.P an Annual Rate of $181,119.83 for providing, managing and operating the CERB. The Annual Rate is detemlined by applying a per capita rate of $0.575 against a population of the 9-1-1 Serving Area estimated by the Associ~tion of Municipalities for Ontario to currently be at or approximately 314,991 residents. Goods and Services Tax and Provincial Sales Tax are not charged pursuant to this Agreement. 3_2 The Annual Rate specified in Seetion 3.1 shall be reviewed at the end of every year the Agreement is in effect. In the event that the residential population of the 9-1-1- Serving Area increases or decreases by more than 10% during the term of the Agreement, the AJ.mual Rate shall be adjusted accordingly for the following year, and the County shall be obliged to pay the a.p.p. the revised Annual Rate. The O.P.P. shall detennine annual revisions to the residential population using population figures found in the latest version of the Ontario Municipal directory, or in other recognized sources. 3.3 Notwithstanding Section 3.2. herein, the Annual Rate shall be revised upon one or more of the Simcoe Mtmicipalities, except for the County, terminating its' participation in this Agreement, as authorized by Section 10.3 herein. 3 SIMCOE COUNTY 9-1-1 CERB SERVICES (+^ \S 3.4 The a.p.p. shan invoice the County thc Arumal Rate on a quarterly basis. The County shan pay each quarterly installment of the Annual Rate to the a.p.p. within thirty days' of receipt of the invoice. The County shall pay interest on overdue accounts at the rates set by the Ministry of Finance fron) time to time. 3.5 Each Simcoe Municipality shall pay the County, through the levy process or otherwise, its Participating Annual Rate, which shall be detennined annually. Each Simcoe Municipality that does not pay its Participating Annual Rate through the levy process, shall pay its Participating Annual Rate quarterly to the County within fifteen days of receipt of invoice from the County. Each Simcoe Municipality that does not pay its Participating Annual Rate through the levy process, shall pay interest on overdue accounts at the rate set by the County of Simcoe from time to time. 4.0 RESPONSIBILITIES OF THE O.P.P. The a.p.p. shall, commencing during March 14, 2002, managc and operate the CERB in accordance with a.p.p. operating guidelines, in addition to: 4.1 Providing, in its operation ofthc CERB, terminal equipment which permits the utilization of "ALl", "ANI", "Selective Routing and Transfer" and "Call Control" features in responding to callers including those who are hearing and voice impaired as such features are made available by Bell Canada in its delivery of 9-1-1 PERS to the Simcoe Municipalities. 4.2 Staffing the CERB at a level appropriate to answer, handle and transfer cans to the appropriate Remote Agency in a manner suitable for emergency situations. 4.3 Providing and operating a CERE for the 9-1-1 Serving Area on a 24 hour a day, seven days a \\ eek, 365 days a year operation. 4.4 .-\nswering, handling and transferring all 9-1-1 calls received by the CERB, and associ~ted ANl'ALI infonnation, to a Remote Agency within the proper ESZ, as deemed appro;male by CERB Personnel. 4.5 Ylaintaining control of the line upon which each 9-1-1 call is received until the can is confir~)ed through voice communications as being transferred to the appropriate Remote Agency or unti 1 the call is terminated. 4_6 Retaining digital voice records of all 9-1-1 calls received at the CERB for two years, and hard copy records of an Bell 9-1-1 PERS, ANI/ALl printer data for one hundred and eighty (180) days from the date that such records are created. 4.7 If requested by the 9-1-1 Committee for the purposes of civil litigation or criminal proceedings, providing certified copies of records referred to in Section 4.6 herein to the 9-1-1 Committee, provided that requests for such records are submitted to the a.p.p. no later than five days prior to the end of the retention period referred to in Section 4.6 herein. Notvvithstanding 4 .2-11-02; 1:i2PM;CQunty of Simcoe Oro Medonte ;7057263991 # 7/ 20 SIMCOE COUNTY 9-1-1 CERB SERVICES I~ h \0 the retention prOVISIons in Section 4.6, the O_P.P. shall retain all original records until the conclusion of any civil or climinal proceedings to which such records relate. 4.8 Providing an operational back-up CERB to which 9-1-1 caBs win be transferred in the event that the primary CERB is unable to accept the cans for any reason. 4.9 Make reasonable efforts to provide assistance to non-English callers, subject to the O.P.P.'s ability to access the services of a third party provider. The O.P.P. does not warrant that it shall be able to provide services to non-English callers, and in no way accept any liability fOT the acts or omissions of the third party service provider or for the O.P.P.'s inability to provide such service. 4.10 Provide the County with a copy of the Operating Guidelines. 4.11 Provide the 9-1-1 Committee on a monthly basis or as otherwise determined by the 9-1-1 Committee in consultation with the Unit Commander with a copy of statistical information as agreed to by both the 9-1-1 Committee and the Unit Commander. 5.0 RESPONSIBILITIES OF THE COUNTY The County shall: 5.1 Be responsible for payment of the Annual Rate to the O.P.P. as referred to in Article 3.0 herein. 5.2 Through its Warden or the delegate Warden administer the terms of this Agreement with the O.P.P. on behalf of itself and the Simcoe Munidpalities. 6.0 RESPONSIBILITIES OF THE SIMCOE MUNICIPALITIES Each Simcoe Municipality shall: - 6.1 Be responsible for payment of the Participating Rates to the County as set forth at Article 3.5. 6.2 Designate Remote Agencies and co-ordinate the participation of all such Remote Agencies within the 9-1-1 Serving Area. 6.3 Warrant and represent that each Remote Agency, within the 9~1~1 Serving Area, and each back-up Remote Agency shaH operate twenty-four (24) hours a day, seven (7) days a week, 365 days a year, and will answcr and respond to aU 9-1-1 ca11s directed to it from the CERB. 5 SIMCOE COUNTY 9-1-1 CERB SERVICES III \ Ii h )...7 6.4 Designate a back up Remote Agency, for each and every Remote Agency in each and every ESZ within the 9-1-1 Serving Area, to which the CERB will route and transfer a 9-1-1 call, which is not answered by the primary Remote Agency. 6.5 Provide and validate to the County, in writtcn form, all geographical information induding the street names, addresses and borders of each and every ESZ within that Simcoe Municipality. Notwithstanding, the City of Barrie will provide and validate the required infonnation directly to Bell Canada 9-1-1. 6_6 Advise the County of al1 changes that may occur in any geographical information within that Simcoc Municipality and provide updated information in a fonnat consistent with O.P.P. requirements. 7.0 INSURANCE AND LIl\'1ITATION OF LIABILITY 7.1 All parties shall, during the term of this Agreement, maintain sufficient insurance to cover their respective obligations under this Agreement and shall provide evidence of the same to the other parties upon request or, if a party is self-insured, provide to the other parties evidence that is sabsfactory that the party is and will be, at aU relevant times, in a position to face successfully its monetary obligations stemming from liability ill1der the Agreement. 7_2 The Simcoe Municipalities shall not incur any costs related to the transfer of services related to the CERB from Bell Canada to the O.P.P. 7.3 Notwithstanding any other provision in this Agreement, the O.P.P. is not responsible or liable [or: (A) The accuracy or completeness of information it receives or the consequences resulting from inaccurate or incomplete infonnation; and l B) The work required to transfer the provision of services provided under this Agyeement in relation to the CERB from Bell Canada to the O.P .P.. 8.0 C_O:\1PLIANCE WITH LA "'8 AND CONFIDENTIALITY 8.1 The O.P.P. and the Simcoe MI.U1icipalities shall perf0n11 their responsibilities hereunder in cor:lpJiance with aU applicable laws, including all laws pertaining to the protection of personal infoIT[l2~i()n about individuals and individuals' access to personal information about themselves. ~ 9_0 D18PUTR RKSOLUTION 9.1 In the event a dispute mises between the Parties regarding the interpretation, application, administration or al1cgcd violation ofthis Agreement, the Unit Commander, or representative. agyees to meet with the Warden or his or her delegate, 6 .2-11-02.; 1: 12PM;County of Simcoe Oro Medonte ; 7057263991 # 9/ 20 SIMCOE COUNTY 9-1-1 CERB SERVICES I ~ ~ ).g together whh the head of any Simcoe Municipality or his or her delegate, with a particular interest in the matter at the earliest available opportunity to discuss the dispute. If the dispute remains unresolved for 14 business days at the Unit Commander level, the Regional Commander, if the dispute is related to a service issue, agrees to meet with the Warden or his or her delegate, together with the head of any Simcoe Municipality or his delegate, with a particular interest in the matter at the earliest opportunity to discuss the dispute. 1f the issue is related to technology, the Bureau Commander, or representative, agrees to meet with the WaTden or his or her delegate, together with the head of any Simcoe Municipality or his delegate, with a particular interest in the matter at the earliest available opportunity. If the dispute remains unresolved at the Region or Bureau level, the Commissioner (or a Deputy Commissioner, in the absence of the Commissioner) agrees to meet with the warden, or his or her designate at the earliest available opportunity, who shall have a further 14 business days to attempt to resolve the dispute. 9.2 In the event that a dispute cannot be resolved as provided fOT under Section 9.1 herein, any party to this Agreement may rely on any rights available to them at law or pursuant to this Agreement. 10.0 TERM AND RENEWAl, 10.1 Subject to Section lO.2 and Section 10.3 herein, this Agreement shall be effective from the 14th day of March, 2002, until the 14th day of March, 2005, inclusive. 10.2 The a.p.p. or the County may tenninate this AgTeement upon providing one hundred and eighty d::ys (180) written notice of temlination to each other in the following manner: I .-\) If the O.P.P. is tenninating the Agreement, it shall serve notice of tennination on the County which sha1l be obliged to provide copies of such notice to all other Simcoe Mtmicipalities; i B ,\ if the County is terminating the Agreement, it shall serve notice of termination on the other Simcoe Municipalities and the a.p.p. . .-\nd this Agreement shall terminate one hundred and eighty days (180) following the deliver y of such notice to the County in clause (A) and the a.p.p. in clause (B). Should a notice to tCIT:1:f;ate be given, the County shall continue to be obligated to pay for the cost of the CERE services under this Agreement up to and including the date of such termination and the Q.P.P. shall c,lntinue to be responsible to provide the services outlined in this Agreement up to and ind ud Il1g the date of termination. .. 10.3 If any of the other Simcoe Municipalities aside from the County are terminating their participation in this Agreement, the applicable Simcoe Municipality or Municipalities, as the case may be, shan serve notice oftennination on the County, which shaH transmit the notice to the a.p.p. and the other Simcoe Municipalities, and such terrnination shall come into effect one hundred and eighty (180) days following receipt of the notice by the O.P.P. the remaining parties shall be solely responsible fOT preparing an addendum to this Agreement setting out the 7 SIMCOE COUNTY 9-1-1 CERE SERVICES Ilf h. )-~ revised 9-1-} Serving Area, as well as the amended Annual Rate. A Simcoe Municipality shall not be entitled to receive any services or other benefits from this Agreement on tennination of its participation in this Agreement. 11.0 \V AIVER 11.1 The failure of any Party to this Agreement to enforce at any time any of the provisions of this Agreement or any of its rights in respect thereto or to insist upon strict adherence to any tenn of this Agreement shan not bc considered to be a waiver of such provision, right or teml or in any way to affect the validity of this Agreement. 11.2 The exercise by any party to this Agreement of any right provided by this Agreement shall not preclude or prejudice such Party fTom exercising any other right it may have under this Agreement, irrespective of any previous action or proceeding taken by it hereunder. 11.3 Any waiver by any Party hereto of the performance of any of the provisions of this Agreement shall be effective only if in writing and signed by a duly authorized representative of such Party. 12.0 SUCCESSORS AND ASSIGNS 12.1 This Agreement sha11 inUTe to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. 13.0 INTERPRETATION 13.1 If any tenn of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining temlS shall remain in full force and effect. 13_2 The section beadings contained herein are for purposes of convenience only, and shall not be deemed to constitute a paTt ofthis Agreement or to affect the meaning or interpretation ofthis Agreement in any way. 13.3 ;-Jo PaIty to 1his Agreement shall be able to bind the O.P.P. or to hold itse1f out as being an agent, partner, or cmp10yce ofthe a.p.p.. . 14.0 ASSIGNMENT 14.1 Neither Party shall assign the contract or any portion thereof without the prior written consent of the other, which consent may not be arbitrarily withheld. 8 .2-11-02; 1:12P~A;County of SimcQe Ora Medonte ;7057263991 # 11/ 20 S]~ICOE COUNTY 9-1-1 CERB SERVICES I ~ h }lu 15.0 FORCE MAJEURE 15.1 Neither Party shall be liable for damages caused by delay OT failUTe to perf0TI11 its obligations l.U1der thls Agreement wheTe such delay or failure is caused by an event beyond its reasonable control. The Parties agree that an event shall not be considered beyond one's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in the Agreement would have put in place contingency plans to either materially mitigate or negate the effects of such event. If a Pal1y seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that Party shall immediately notify the other Party of the delay or non- pcrfoffi1ancc, the reason for such delay or non-perfonnance and the anticipated period of delay or non-perfonnance. 16.0 NOTICE 16.1 Any notice required pursuant to this Agreement shal1 be in wntmg and delivered personally, facsimile transmissions ("FAX") or sent by registered mail (with proper postage) to the following addresses: To the County at: The County of Simcoe 1110 Hwy 26 Midhurst, Ontario, LOL 1 XO FAX: 705-726-3991 Attention: 911 Coordinator To the Onta1;0 Provincial Police at: Infoffi1ation Technologies Bureau General Headquarters --:-;7 Memorial Avenue Orillia, Ontario, L3V 7V3 fAX: (705) 329-6230 Allentioll: Manager - Telecommunications Unit Or to _;;l1Ch other addresses either of the parties may indicate in writing to the other. Any notice given III accordance with this shall be deemed to have been received upon delivery, if delivered person..::I), at the time of transmission if sent by FAX or five (5) days after posting. if sent by regula: mail. 16_2 The County shall be solely responsible for: (A) Providing copies of all notices or other infonnation required by this Agreement it receives from the a.p.p. to an of the other Simcoe M,-u1icipaljties; and (B) Providing copies of all notices or other information required by this Agreement it receives from one or more of the Simcoe Municipalities to aU of the other Simcoe Municipalities. and the O.P.P. 9 SIMCOE COUNTY 9-1-1 CERB SERVICES [4 At' I and the County shal1 be required to transmit all such copies it receives forthwith. 17.0 ENTIRE AGREEMENT 17.1 Except as otherwise stated herein, this Agreement constitutes the entire agreement of the parties, with respect to the provision and operation of the CERE and supersedes any previous agreement whether written or verbal. Should any provision, or any part of any provision,ofth1s Agreement be declared null, void or inoperative, the remainder of the Agreement shall remain in full force and effect and shall be interpreted as a complete entity. The Corporation 01' the County of Simcoe Title Warden Datc: day of ,2002 Name: Dr. Thomas Garry Title: Chief Administrative Officer - Clerk Date: day of ,2002 Name: ae1en MacRae Ontario Provincial Police Title: Deputy Commissioner Date: day of ,2002 -. Name: W. Currie 10 ',2-.11-02; .1:12PM;Ceunty of Simcoe Ore Medonte ; 70:::,7263991 # 13/ 20 SCHEDULE A - SIMCOE COUNTY 9-1-1 CERE SERVICES IY ~ ).)~ SCHED ULE .. A" LIST OF SI1\1COE MUNICIPALITIES OTHER THAN THE CORPORATION OF THE COUNTY OF SIMCOE Attac.hed to and fonning part of the Agreement between THE SIMCOE MUNICIP ALITIES AND ... HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO as represented by the MINISTRY OF THE SOLICITOR GENERAL on behalf of the ONTARIO PROVlNCIAL POLICE And TOWN OF BRADFORD WEST GWILLIMBURY Datc: day of , 2002 Title: Clerk Date: day of ,2002 Title: Mayor P. O. Box 160, Administration Centre 3541 Line 11 Bradford, Ontario L3Z 2A8 Phone: (905) 775-5366 Fax: (905) 775-0153 TO\VN OF COLLINGWOOD Date: day of ,2002 Title: Clerk r Date: day of , 2002 Title: Mayor . P. O. Box 157,97 Hurontario Street Collingwood, Ontario, L9Y 3ZS Phone: (70S) 445-1030 Fax: (705) 445-2448 11 SCHEDULE A - SIlvfCOE COUNTY 9-1-1 CERE ~'ERVICES TO\VN OF MIDLAND Title: Clerk Title: lVJayor 575 Dominion Avenue L4R lID Phone: (705) 526-4275 Fax: (705) 435-2873 TOWN OF PENET ANGUISHENE Title: Clerk Title: Mayor P. O. Box 5009, 10 Robert St_ W. Penetanguishene, Ontario L9M 2G2 Phone: (705) 549-7453 Fax: (705) 549-3743 TO'V:"~HIP OF ADJALA-TOSORONTIO Title: Clerk Title: Mayor P. O. Box 94,2821 County Road 50 Lontto. Ontario LOG 1 LO Phone: (905) 936-3471 Fax: (905) 936-3041 Date: Date: Date: Date: Date: Date: 12 \ I ~ h )- 1.3 day of ,2002 day of ,2002 day of , 2002 day of ,2002 day of ,2002 day of ,2002 .". - .2-11-02; 1:12PM;County of Simcoe Oro t'Aedonte ;7057263991 SCHEDULE A - SiMCOE COUNTY9-J-J CERB SERVICES TOWNSHIP OF ESSA Date: _ day of ,2002 Title: Clerk Date: _ day of ,2002 Title: Mayor 5786 County Road 21 Utopia, Ontario LOM 1 TO Phone: (705) 424-9770 Fax: (705) 487-0133 TO\VNSHIP OF SPRINGW A TER Date: day of , 2002 Title: Clerk Date: day of , 2002 Title: Mayor 1110 Highway 26 County of Simcoe Admin. Centre LOL ] XO Phone: (05) 728-4784 Fax: (05) 728-6957 TO\\;\SHIP OF TINY --~..._.....- Date: _ day of ,2002 Title: Clerk Date: day of , 2002 Title: Mayor 130 Balm Beach Road, R.R. #1 , Perkinsfield, Ontario LOJ, 2J 0 Phone: (705) 526-4204 Fax: (705) 526-2372 13 '# 15/ 20 ILf h } SCHEDULE A - SIMCOE COUNTY 9-1-1 CERE SERVTCES I~ h)-IS CITY OF BARRIE Title: Clerk Title: Mayor P. O. Box 400, 70 Collier Street Barrie, Ontario L4M 4T5 Pbone: (705) 726-4242 Fax: (705) 739-4243 TOWNSHIP OF TAY Title: Clerk Title: Mayor Box 100 Victoria Harbour Ont, LOK 2AO Phone: (705) 534-7248 Fax: (705) 534-4493 TO'VN OF INNISFIL Title: Clerk Title: Mayor PO Box 5000 2147 Innism Beach Road IllUisfil Ont, L9S lA1 Phone: (705) 436-3710 Fax: (705) 436-7120 Date: day of ,2002 Date: day of ,2002 "- Date: day of ,2002 Date: day of , 2002 Date: day of ,2002 Date: day of ,2002 -". - 14 _2-11-02; 1:12PM;County of Simcoe Oro Medonte ;7057263991 # 17/ 20 SCHF.DULE A - SLJv1COE COUNTY 9-1-1 CERE SERVICES TOWN OF NEW TECUMSETH Date: _ day of , 2002 Title: Clerk Date: _ day of , 2002 Title: M ~)yor P_O. Box 910,10 WeHingtoD Street E. Alliston, Ontario 10 L9R 1Al PhoDe: (705) 435-6219 Fax: (705) 435-2873 TO\VN OF WASAGA BEACH Date: day of , 2002 Title: Clerk Date: day of ,2002 Title: Mayor P.O. Box 110,30 Lewis Street \Vasaga Beacb, Ontario LOL 2PO Phone: (705) 429-3844 Fax: (705) 429-6732 TO\YNSHIP OF CLEARVIEW Date: day of , 2002 Title: Clerk Date: day of , 2002 Title: Mayor r- P.O. Box 200, 217 Gideon Street .. Stayner, Ontario LOL 2PO Pbone: (705) 428-6230 Fax: (705) 428-0288 ! Y- I \ ) / . . f'i )- i\:; J . 15 SCHEDULE A - SiMCOE COUNTY 9-1-1 CERB SERVICES {t}h )>/7 TO\VNSHIP OF ORO-MEDONTE Date: day of , 2002 Title: Clerk Date: day of ,2002 Title: Mayor P.O. Box 100 Oro, Ontario LOL 2XO Phone; Fax: (705) 487-2171 (705) 487-0] 33 ... ... CANADIAN FORCES BASE BORDEN Date: day of ,2002 Title: P_O. Box 1000, Station Main Borden, Ontario LOM 1 CO Phone: Fax: (705) 424-1200 (705) 423-2907 CHIPPF:\VAS OF BEAUSOLEIL FIRST NATIONS Date: day of ,2002 Title: Chief in Council Chris(i~[} Island, Cedar Point Post Office Via - PCDctsnguishene, Ontario LOK I PO Tel: (705) 247-2051 Fax: (705) 247-2239 ~ - 16 .2-11-02; 1:12PM;County ef Simcoe . Ore Medonte SCHEDULE A - SIMCOE COUNTY 9-1-1 CERE SERVICES CHlPJ>E\V AS OF MNJIKANTNG FIRST NATIONS Date: Title: Chief in Council P.O. Box 35 Rama, Ontario LOK ITO Tel: (705) 325-3611 Fax: (705) 325-2230 . r 17 day of ;70572.63991 ,2002 '# 19/ 20 14h}lS; SCHEDULE A - SIMCOE COUNTY 9-1-1 CERE SERViCES 14h \-1,/ Map of Simcoe County 911 CERB lVJunidpalities qE: ~ ~~ i( ..., -. - .o~ py ""'. _co, f( A Simcoe Municipalities arc marked with Bold - Mareh 14, 2002 -, . ~~:. ,717 ... 18 I J .A...., ) - I .. . CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-031 Being a By-Law to Appoint Municipal Weed Inspectors WHEREAS the Weed Control Act R.S.O. 1990, Chapter W.5, Section 8(1) provides that Council may by By-law appoint Municipal Weed Inspectors; AND WHEREAS Council of the Corporation of the Township of Oro-Medonte deems it expedient to do so; NOW THEREFORE, Council of The Corporation of Oro-Medonte enacts as follows: 1. That the following persons be appointed as Municipal Weed Inspectors: Ron Kolbe, Director Building/Planning Mike Diver, Deputy Chief Building Official Leo Chaloux, Building Inspector Kim Allen, Manager of Building Services 2. That the duties and responsibilities shall be performed and carried out as provided for within the Act. 3. That By-law No. 2001-037 of the Township of Oro-Medonte is hereby repealed. " 4. That this By-law shall come into force and take effect on its final passing thereof. By-law read a first and second time this 20th day of March, 2002. By-law read a third time and finally passed this day of 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting Mayor, J. Neil Craig Clerk, Marilyn Pennycook It:, THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-030 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, MARCH 20, 2002. THE COUNCil OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOllOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, March 20, 2002, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirm. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 20th DAY OF MARCH, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2002. DAY OF MARCH, THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE F' .. Acting Mayor, J. Neil Craig Clerk, Marilyn Pennycook