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05 01 2002 Council Agenda TOWNSHIP OF ORO-MEDONTE(,-I0 COUNCIL MEETING AGENDA " (' ) COUNCIL CHAMBERS v DATE: WEDNESDAY, MAY 1,2002 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 a) Recognition to the Oro-Medonte log Sawing Team, Councillor Dickie and Councillor Marshall at the Elmvale Maple Syrup Festival. 6. MINUTES OF PREVIOUS MEETINGS a) Minutes of the Special Council meeting of Wednesday, April 17, 2002. b) Minutes of the Regular Council meeting of Wednesday, April 17, 2002. 1.............................................................................. 7. CONSENT AGENDA CORRESPONDENCE: a) lake Simcoe Regional Airport Commission, minutes of March 21,2002 meeting. b) Township of Springwater, correspondence re: Permits to Take Water Process. c) Town of The Blue Mountains, correspondence re: Permits to Take Water Process. d) Girl Guides of Canada, correspondence re: donation of Guiding Lily bulbs. e) Simcoe County District School Board, 2001 Annual Report. A copy of the 2001 Annual Report is available in the Clerk's office for review. f) lake Simcoe Region Conservation Authority, minutes of March 22, 2002 meeting. g) Orillia Public Library Board, minutes of March 27, 2002 meeting. h) Garfield Dunlop, MPP, Simcoe North, correspondence re: commuter rail service to South Simcoe. ADDENDUM COUNCIL MEETING May 1. 2002 10. COMMUNICATIONS: c) Correspondence from Mr. Bob Birnie, Chair, Oro-Medonte Lake Country RailTrail Advisory Committee, dated April 25, 2002. ..-- Simcoe County District School Board ~ 1170Highway26 Midhurst, Ontario LOL 1XO Phone: (705) 728-7570 Fax: (705) 728-2265 -\v April 8, 2002 ~ "-.... "- "0, '\ >~. \ Deputy Mayor Neil Craig Township of Oro-Medonte PO Box 100 Oro, Ontario LOL 2XO ~~ \ I ~~ ~& ) \ \ ~~/,~ )j \\ ~~ \\ ' ", ",~/ ' Dear Deputy Mayor Neil Craig I am pleased to provide you with a copy of the 2001 Annual Report for the Simcoe County District School Board. The contents are organized according to our system goals in the areas of student achievement, quality teaching, leadership and staff development, and safe, supportive environments. As you will read, our students and staff have made great strides during 2001 and have achieved outstanding accomplishments. Their success reflects the SCDSB's commitment to developing positive centres oflearning throughout our large area and helping each of our 55,000 students excel. We continue to build on this positive momentum while dealing with ongoing funding challenges and ever-increasing accountability expectations. I invite you to review and share our system-wide progress and achievements for 2001. For your reference, copies of this report are being sent to our school council chairpersons, our schools, the media and targeted community representatives. Parents and community members can also receive a copy of this report by calling our Communications Office at (705) 734-6363 extension 368. Sincerely AL/~-?'-> d4/~ Sharon Bate Director of Education LAKE SIMCOE REGION CONSERVATION AUTHORITY MEETING NO. BOO-03-02 Fridc,ty, March 22nd, 2002 - 9:00 a.m. r \ 1\,/ \ East Gwillimbury Municipal Offices Holland Landing Room 19000 Leslie Street Sharon, ON MINUTES MEMBERS: R. Bridge - Chair Deputy Mayor S. Para, Vice-Chair Councillor L. Corrigan J.O. Dales Councillor M. Jordan Councillor G. Lamb Councillor H. Lodwick Councillor P. Marshall Cou ncillor W. T eel Deputy Mayor J. West ST AFF: D. G. Wood, C.A.O.lSecretary-Treasurer S. Hanson, Director, Corporate Services A. Leach, Director, Conservation Land Management R. Vos, Director, Watershed Management G. Casey, Recording Secretary REGRETS: Alderman A. Eadie Councillor V. Hackson Mayor J. Holec Councillor S. Pliakes G.R. Richardson Councillor N. Snutch , Deputy Mayor H. Vander Kooij DEPUTATION: Mr. Robert Correll, KPMG - Auditor HEARING: Mr. & Mrs. Mozsgay Chair Bridge requested a moment of silence in honour of Mayor Ian Beard, Township of Oro-Medonte, who passed away on March 1 SI; 2002. Boerd of Directors' Meeting BOD-03-02 Minutes 1C'Y March 22nd, 2002 ' 1. Disclosure of Pecuniary Interest & the General Nature Thereof There were no declarations of conflict of interest at this meeting. 2. Minutes Board of Directors Minutes of the Board of Directors Meeting No. BOD-02-02, held on February 22nd, 2002. Moved by Seconded by: Harold Lodwick Susan Para BOD-02-34 RESOLVED THAT the Minutes ofthe Board of Directors Meeting No. BOD-02-02, held on February 22nd, 2002, be adopted. 3. Adoption of Aqenda Chair Bridge addressed agenda item 11 (a), which will be dealt with in "Closed Session" and asked the Members if they wished this item be brought forward in the Agenda based on comments made at previous meetings that such items be dealt with earlier in the agenda. The Board Members agreed that the legal issues will be dealt with following item 6 (a) of the agenda in "Closed Session". Moved by: Seconded by: Harold Lodwick Susan Para BOD-02-35 RESO L VED THAT the Agenda of the Board of Directors' Meeting No. BOD-03-02 be , adopted, as amended to move item #11 (a) to be considered after item #6 (a) of the agenda. " E1(kJrd (,1 Directors' tvleeling 80D-03-02 Minutes March 22"', 2002 i~ 0 4. Announcements The Chair announced that substantial provincial capital funding would be forthcoming in 2002. Details will be outlined once the appropriate Minister announces the program. 5. Deputations . (a) 2001 Auditors Report and Report on Reserves Mr. Robert Correll, Senior Partner, KPMG, presented the Authority's finan"cial statement for the period ending December 31 st, 2001. Mr. Correll advised the Board that the financials present fairly and no significant differences were presented during the audit. The Auditor complimented staff in relation to the audit. The Director of Corporate Services presented Staff Report No. 13-02-BOD, Report on Reserves. Moved by: Seconded by: Susan Para Margaret Jordan BOD-02-36 RESOLVED THAT Staff Report No. 13-02-BOD on the 2001 Audit and Report on Reserves be approved; and FURTHER RESOLVED that the 2001 Financial Statements be adopted as presented. 6. Hearings Under Section 28 of the Conservation Authorities Act (a) Mr. & Mrs. John Mozsgay Chair Bridge read the opening remarks and the procedure for Hearings under Section 28 of the Conservation Authorities Act. On behalf of the Authority, the Director of Watershed Planning presented staff information which included Staff Report No. 14-02-BOD. Mr. and Mrs. Mozsgay made their presentation to the Board. I 1-C,~ March 220d, 2002 , Board of Directors' Meeting BOO-03-02 Minutes Following a series of questions and answers it was suggested that the decision be deferred pending a site visit by the Board of Directors. Moved by: Seconded by: BOD-02-37 Larry Corrigan Gary Lamb RESOLVED THAT the Mozsgay application decision be deferred pending further information regarding the property and a Board site inspection of the property. .. This motion was defeated.- Moved by: Seconded by: BOD-02-38 John West Margaret Jordan THAT approval be granted to Mr. John Mozsgay, 972 Ferrier Avenue, Town of Innisfil, to construct a garage on Lots 36 & 37, Plan M-15 Town of Innisfil, subject to the following conditions: 1) That the applicant submit plans showing a revised location for the proposed garage so that it is located in the flood shadow of the existing house. 2) That all, electrical fixtures and equipment must be located above the Regional Storm flood elevation of 734.7 feet above sea level. This motion was carried. 11. (a) Outstanding Legal Issues - Update At the request of the Board of Directors this item has been moved forward in the ... Agenda. Board of Directors' Meeting BOD-03-02 Minutes March 22nd, 2002 (. I 1-~.S Moved by: Seconded by: 800-02-39 Moved by: Seconded by: 800-02-40 Moved by: Seconded by: 800-02-41 Larry Corrigan Gary Lamb RESOLVED THAT the Board of Directors move into "Closed Session" to deal with legal matters under New Business of the Agenda. Gary Lamb John West RESOLVED THAT the Board of Directors rise from "Closed Session" and report their progress. John West Paul Marshall RESOLVED THAT Confidential Staff Report No. 21-02-BOD regarding outstanding legal issues be received for information; and THAT the Board direct staff to prepare legal reports twice annually. 7. Fill, Construction & Alteration to Waterways Applications Moved by: Seconded by: 800-02-42 Larry Corrigan Harold Lodwick RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 153/90, as amended by Ontario Regulations 534/91 and 623/94, be received and approved. \\0 Board of Directors' Meeting BOD-03-02 Minutes March 22nd, 2002 8. Correspondence Moved by : Seconded by: BOO-02-43 Harold Lodwick Susan Para RESOLVED THAT the correspondence listed in the March 22nd, 2002, agenda be received for information. 9. Monthly Communications Update Moved by: Seconded by: BOO-02-44 10. New Business Harold Lodwick Larry Corrigan RESOLVED THAT the Monthly Communications update, dated January 1 5tto February 28th, 2002, be received for information. a) Proposed Jurisdictional Expansion - Barrie and Orillia The CAO presented Staff Report No. 15-02-BOO and requested authorization from the Board for staff to develop proposals for presentations to the City of Barrie and the City of Orillia. The presentations will be brought before the Board prior to being presented to Barrie and Orillia. Moved by: Seconded by: BOO-02-45 Harold Lodwick Margaret Jordan RESOLVED THAT Staff Report No. 15-02-B 00 on the proposed jurisdictional expansion - Barrie and Orillia be received for informati on. .-' , Board of Directors' Meeting BOD-03-02 Minutes March 22M, 2002 1~,1 b) Landowners Environmental Assistance Program Proposed Increase in Funding for Septic System Grants The Director of Watershed Planning presented Staff Report No. 16-02-BOO regarding a proposed increase in funding for the upgrading of septic systems. Moved by: Seconded by: BOO-02-46 Susan Para Margaret Jordan RESOLVED THAT Staff Report No. 16-02-BOD regarding the proposed increase to the funding ceiling for septic system grants to a maximum of $6,500 be approved to match the Healthy Futures funding. c) Lease Agreement - Willow Beach Conservation Area The Director of Conservation Land Management spoke to Staff Report No. 17-02- BOD regarding the Lease Agreement for the transfer of operation of the Willow Beach Conservation Area to the Town of Georgina. Moved by: Seconded by: BOO-02-47 Margaret Jordan Gary Lamb RESOLVED THA TStaff Report No. 17 -02-BOD regarding the final draft Lease Agreement for the transfer of operation of Willow Beach Conservation Area to the Town of Georgina be received; and THAT the Lease Agreement be forwarded to the Town of Georgina for appropriate signatures; and FURTHER THAT the appropriate Authority officials be authorized and directed to sign the Lease Agreement to give effect thereto. Board of Directors' Meeting BOD-03-02 Minutes March 22nd, 2002 l' r,' (/J , \ '.. \.,. I' " , "i V \ d) Ma,naqement Agreement - Mabel Davis Conservation Area The Director of Conservation Land Management presented Staff Report No. 18-02- BOD and requested approval from the Board to have Authority staff work with the T own of Newmarket to draft an agreement. Moved by: Seconded by: BOO-02-48 Larry Corrigan Margaret Jordan RESOLVED THAT Staff Report 18-02-800 regarding a Management Agreement for the Mabel Davis Conservation Area be received for information; and THAT staff be directed to work with the Town of Newmarket to draft an Agreement; and FURTHER THAT the A~reementbe forwarded to the Authority's solicitor for review prior to forwarding to the Board of Directors for their approval. (e) Flood Plain Management One Zone vs Two Zone Concept The Director of Watershed Management presented Staff Report No. 19-02-BOD regarding the policy on flood plain management. Moved by: Seconded by: BOD-02-49 Margaret Jordan John West RESOLVED That Staff Report No. 19-02-BOD regarding Flood Plain Management be received for information. (f) Appointments to the Lake Simcoe Region Conservation Foundation The CAO presented Staff Report No. 20-02-BOO regarding the 2002 appointments to the Lake Simcoe Region Conservation Foundation. Under the Letters Patent for the Foundation, new appointments must be approved by this Board. Board of Directors' Meeting 80D-03-02 Minutes March 220d, 2002 AL/C{ ~. , The CAO reviewed the new appointees as outlined in the staff report providing a brief background and introduction for each one. The CAO further advised that these new appointments are very exciting for the Foundation and that the Foundation Board now has representation from around the Lake. Moved by: Seconded by: Susan Para Gary Lamb BOO-02-50 RESOL VEO That Staff Report No. 20-02-800 regarding appointments to the Lake Simcoe Region Conservation Foundation be received and approved. . 11. (a) Outstandinq Legal Issues - Update This item was moved forward and can be found after item 6(a) in these minutes. (b) Thane Aluminum Smelter Property - Town of Georgina The Board requested an update on the Thane Aluminum Smelter Property which is in the Town of Georgina. Councillor Margaret Jordan provided an update on this matter and further advised the Board that the Town of Georgina is holding a public meeting on Monday, March 25th, 2002, in cooperation with the Ministry of the Environment and the Region of York Health Department to update residents on this issue. The Board requested that a letter be sent to the Town of Georgina indicating that the Authority supports their efforts in working towards the cleaning of this property and are of the opinion that the continuance of this situation is potentially undermining the Authority's efforts to clean up Lake Simcoe. Moved by: Seconded by: Harold Lodwick Margaret Jordan BOD-02-51 RESOLVED THAT the Authority register its concerns regarding the Thane' Smelter Property in the Town of Georgina as it potentially undermines the efforts of the Authority to clean up Lake Simcoe. H:\GCFiles\BOD Minutes & Agenda 2002\lvJarch 2002\Minutes BOD 03-02.wpd Board of Directors' Meeting BOO-03-02 Minutes ~~p March 22od, 2002 ~ Adiourn Chair Bridge thanked all members for attending the meeting in light of the inclement weather. Moved by: Harold Lodwick The meeting adjourned at 11 :25 a.m. -~?~ Roy Bridge Chair D. Gayle Wood Chief Administrative Officer/ Secretary Treasurer H:\C;CFiles\BOD fv1inutes & Agenda 2002\March 2002\Minutes BOD 03-02.wpd MINUTES ~\ ." J ORILLIA PUBLIC LIBRARY BOARD MARCH 27, 2002 A regular meeting of the library board was held in the Children's Services Department of the Library commencing at 7:12 p.m. fol1owing the annual meeting. PRESENT - BOARD - C. Dowd, Chair; J. Swartz, Vice-Chair; A. M. Alexander; R. Fountain; J. Francis; M. Hill; F. Kreisz; K. McLaughlin; B. Stanton - STAFF - M. Saddy, Chief Executive Officer S. Campbel1, Director of Children's & Audiovisual Services 1. Gibbon, Director of Information Services T. Chatten, Recorder AGENDA MOTION #2002:13 Moved by J. Francis, seconded by B. Stanton that the agenda of the March 27, 2002 meeting be approved. CARRIED DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF-None MINUTES MOTION #2002:14 Moved by M. Hi11, seconded by K. McLaughlin that the minutes of the February 27, 2002 meeting be adopted. CARRIED BUSINESS ARISING FROM THE MINlITES It was suggested that the Friends of the Library be consulted regarding a link from the Library's homepage prior to implementing this as recommended at the last meeting of the Board. B. Stanton inquired about the interaction between the Library Board and the Friends of the Library. DISCUSSION WITH REPRESENTATIVES OF CONTRACTING MUNICIPALITIES R. Fountain noted that a new book on Medonte Township is being written with a copy to be given to the Library upon its publication. B. Stanton commented on the increased pressure for funding as the township operates a library in Coldwater and supports the Orima Public Library. REPORT OF BOARD REPRESENATIVE TO SOLS ~" .~' \ \ , '....../ The next SOLS meeting is scheduled for April 24 which is the same night as the Library Board meeting. C. Dowd contacted SOLS to explain our situation with the new meeting schedule and was infonned that it will be-discussed at the next meeting. SOLS now meets only three times per year and depending on the next meeting agenda Cathy will try to attend the SOLS meeting. REPORT OF FRIENDS OF THE LIBRARY Planning for the fundraising Art Auction to be held at the Trillium Manor Hillcrest Hall on Saturday May 11, 2002 was the main topic of discussion at the last meeting of the Friends. It was suggested that the Library's homepage could advertise this event. Jayne Turvey the new volunteer coordinator was introduced to those present, and Jayne and Friends President Evelyn Johnston will meet to discuss ways to coordinate the efforts of the Library and the Friends. The Friends were very pleased to hear of the board motion of thanks for their efforts. M. Saddy also mentioned a donation of a dollhouse to be used for fundraising as well. Board members discussed the possibility of attending the Friends meetings on a rotating basis to enhance communication between the two groups. MANAGERS REPORTS M. Saddy invited all present to the upcoming Volunteer Luncheon on Monday April 22. He also reported that Sunday opening ideas are being reviewed. As this is not scheduled to begin until September, it was agreed that the extra time should be taken to thoroughly review an staffing options. It is hoped that a solution can be reported to City Council by June. S. Campbell reports that one of the highlights of the March Break programs was the return of Seymour the Snake to the Children's Department. She also reports that CD- ROMs have now been added to circulation and that they are very popular and rarely in. L. Gibbon reports that Jayne Turvey has been updating the volunteer list and meeting with as many volunt~ers as possible. Fred Marlow has created a list of links to Orillia businesses which can be added to as people want their business to be added by contacting the Library. Lynne plans to write a newspaper article to promote this. The Library has received a considerable amount of publicity from recent newspaper articles. MOTION #2002:15 Moved by A. M. Alexander, seconded by F. Kreisz that the manager's reports for February 2002 be accepted and filed. CARRIED l'\ P, .0 REPORTS OF BOARD COMMIITEES AND REPRESENTATIVES ~.o.< " " Personnel - K. McLaughlin declared a conflict of interest and declined to discuss o:tvote 'J on this matter. MOTION #2002:16 Moved by J. Swartz, seconded by R. Fountain that the staff of the Ori11ia Public Library be given a cost of living increase of 2.25% retroactive to January 1, 2002 based upon approval of the 2002 library budget. CARRlED Building Steering - The next committee meeting is to be held Thursday March 28 at the Opera House to meet with members of other groups in the Market Block. Strategic Planning - Minutes of the meeting held Thursday March 21 were distributed. The next meeting is scheduled for April 18 at 7:30 p.m. at the Library. NEW BUSINESS Committee Changes - Mter some discussion it was decided that committees would remain the same with the addition of new board member Frank Kreisz to the Community Relations Committee. Board members all agreed that they would be willing to help out as needed on any other committee if they were inactive on their current committee. Adjournment at 8:20 p.m. moved by J. Swartz. BOARD CHAIR CHIEF EXECUTIVE OFFICER !Ii ~ cf OY ~,i..\' \,c;o v '0 J )p :;o-Q c-(. A'f" ~\ Constituency OfflCes~ ' o 14 Coldwater Road West \ P.O. Box 2320 Orillia, Ontario l3V 6S2 Tel. (705) 326-3246 1-800-304.7341 Fax (70S) 326-9579 o 482 Elizabeth Street Midland, Ontario l4R lZ8 Tel. (705) 526-8671 Fax. (705) 526-8600 ~days: 9 am - 1 pm .. Ontario LEGISLATIVE ASSEMBLY GARFIELD DUNLOP, M.P.P. _m _.______~_. _.~-- Simcoe North April 11, 2002 Mr. Neil Craig Acting Mayor Township of Springwater County of Simcoe Administration Centre Midhurst, Ontario LOL lXO Dear Mr. Craig: Thank you for your letter of March 27, 2002, regarding support for commuter rail service to South Simcoe. I appreciate being advised of the motion passed by your Council recently, in support of The City of Barrie's efforts to extend GO Train service to Barrie. Garfield Dunlop, MPP SIMCOE NORTH GD:jc o MAIUNG ADDRESS: Garfield Dunlop, M.P.P., 22nd A. Mowat Block, 900 Bay St, Toronto. ON M7A 112 Fax (416) 325-9035 E-mail: garfaeld_dunlop@ontla.ola.org, Website: www.garfaelddunlopmpp.com * THE CORPORATION OF THE -"\\, ,y "" 148 Line 7 S., Box 100 Ora. Ontario LOL 2XO -~----_. -"--"----_.- ....- TOWN~tIIP ..@ff)-~~~. Phone (70S) 487-2171 Fax (705) 487-0133 www.rownship.oro-medonte.on.ca .--...-....--.-- "..- .-- "'-..-.-"'- March 27, 2002 City of Barrie P. O. Box 400 70 Collier Street Barrie, ON L4M 4T5 Attention: Mayor Jim Perri Reference: Support for Commuter Rail Service to South Simcoe Dear Mr. Perri: The Council of the Township of Oro-Medonte passed the following motion at the Council meeting of March 20, 2002 with respect to the above-noted matter: "Be it resolved that the correspondence fram the City of Barrie re: support for commuter rail service to South Simcoe be received and that the Township of Oro-Medonte recognize the need for commuter rail service to the South Simcoe area, and that the Township of Ora-Medonte support the initiative of the City of Barrie for the extension of commuter rail service to Barrie, and that this support be expressed to the Minister of Transportation and the local MPP." We trust the above is self-explanatory; however, should you require further assistance in this regard, please contact the undersigned. Yours truly, p.~~ J. Neil Craig Acting Mayor Idrw C.c. Garfield Dunlop, MPP Simcoe North Hon. Brad Clark, Minister of Transportation ... .. CITY HALL 70 Collier Street TEL. (705) 739-4200 FAX. (705) 739-4244 P.O. BOX 400 BARRIE. ONTARIO L4M 4T5 mayor@city.barrie.on.ca \ /"\ --\\n ,j -----~~ 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 Barrie has recently submitted an Expression of Interest for Phase 1 funding consideration for the extension of commuter rail service to Barrie, 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 rail service iO ihis 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 to your support. i:~?~, 0' - - --~">=",~4 f " cc: Mayor Coutts, Township of Springwater Mayor Davis, Township of Essa Mayor Jackson, Town ofInnisfil Warden Dr. Garry, County of Simcoe r'~~.;.L..~._; 9 .~ . i~ !,;; 2Du2 . ""~-"."'- :: ... f..~. c,: 3' : ~ \~ ~..:::. " .. ~ ........ . (': ~~-' iJ~\~C; fL "The People Are The City" -.~...... '_'t'~",_ .' . , ce-r-- ~, > ~. :.... t _ _ - ------ - ---.,' i --~-~~~~? .., i: ~ 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 of Provincial Parliament. "The People Are The City" "\ \. ~ t~, O.PP. - -- .,tll: ' Barrie Detachment A\ X \ 20 Rose Street BARRIE, Ontario L4M 2T2 Ontario ProvinCial Police (Phone) 705-726-6484 (Fax) 705-726-6487 April 23, 2002 File Reference: 100 Mayor Neil Craig Oro-Medonte Township 148 Line 7 South, Box 100 Oro, Ontario LOL 2XO Mayor Craig and Council: I om pleased to present Council with copies of the Barrie Detachment 2002 Business Plan. In the very near future, I will arrange to attend Council to go over the first quarter results. ~ S/Sgt L. Hassberger Barrie Detachment LH/ys ",:. , REPORT n "\ \...1\0-\ " \ DEPT. REPORT TO: Council PREPARED BY: #ES2002-31 Keith Mathieson --.~~ -,_.- ---SUBJEGT-& FILE #: ---- DEPARTMENT: COUNCIL: Horseshoe Valley Lands Public Works Ltd. - Subdivision Agreement C.OFW. MOTION #: DATE: DATE: April 25, 2002 The Horseshoe Valley Lands Ltd. development consists of thirteen (13) residential lots located on Highland Drive, within the existing Horseshoe Highlands development. Horseshoe Valley Lands Ltd. have met all draft plan conditions and at this time, would like to enter into a Subdivision Agreement with the Township. The Developer has provided the Township with the required securities with respect to parkland. The required Letter of Credit has not been posted as of April 25, 2002. The Developer is requesting Council to consider the Subdivision Agreement at this time and that the Agreement be signed by the Mayor and Clerk upon receipt of the Letter of Credit. The final submission of the Engineering Drawings are presently being prepared by the Developer's Engineer and the date of acceptance by the Township Engineer will be inserted in Schedule "C", prior to the Township signing the Agreement. 1. THAT Council receives and adopts this report. 2. THAT the Developer provides the Township with the required Letter of Credit in the amount of $77,426.60, prior to the Subdivision Agreement being signed by the Mayor and Clerk. ~ 3. THAT the Developer provides the Township with an approved set of Engineering Drawings, prior to the Subdivision Agreement being signed by the Mayor and Clerk. 4. THAT the Township of Oro-Medonte enters into a Subdivision Agreement with Horseshoe Valley Lands Ltd. upon completion of Items II and III. 5. THAT the Clerk prepares a By-law for Council's consideration. r\/ o 1; LA01U --\ ' R~ submitted, Keith Mathieson (JJLCJJA ~ob bY (l, q C'" ,J / SUBDIVISION AGREEMENT - between - HORSESHOE VALLEY LANDS LTD. - and - THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE DESCRIPTION OF LANDS Firstlv: Part of ParceI1-S, Section 51-0ro-4, Being Part of Lot 2, Concession 4, Designated as. Parts 5, 6, 7 and 16 on Plan 51R-307S0, Township of Oro-Medonte (Formerly Township of Oro) Second Iv: Part of Parcel 1-21, Section 51-0ro-3, Being Part of Lots 1 and 2, Concession 4, Designated as Parts 2, S, 10, 13, 14, 1S, 19 and 20 on Plan 51R-307S0, Township of Oro-Medonte (Formerly Township of Oro) ALL IN THE COUNTY OF SIMCOE SUBJECT TO AN EASEMENT, AS SET OUT IN #327069 ," April, 2002 By-Law No. /public works/2002 subdivision agreements/standard subdivision agreement ) TOWNSHIP OF ORO-MEDONTE a C.. 'I,' \ '\ \ SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 Lands, Plans and Representations Part 3 Requirements Prior to Execution of Agreement Part 4 Pre-Construction Requirements Part 5 Financial Requirements Part 6 Staging or Phasing Part 7 Construction Requirements Part 8 Building Permits and Occupancy Part 9 Maintenance and Acceptance Part 10 Default Provisions SCHEDULES Schedule "A" - Description of Lands Being Subdivided Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Unsuitable for Building Purposes and/or Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" Declaration of Progress and Completion Schedule "J" General Location and Lot Grading Plans Schedule "K" - Standard Township Letter of Credit 2 TOWNSHIP OF ORO-MEDONTE / n ( ~\ C~ ,) THIS AGREEMENT made as of the day of ,2002. BETWEEN: HORSESHOE VAllEY lANDS lTD. (hereinafter called the "Developer") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") OF THE SECOND PART WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule "B" and collectively are herein referred to as the "said lands"; AND WHEREAS a Draft Plan with Conditions (43-0M-20011) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements financial and otherwise of the Township, inciudingthe provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOllOWS: 3 PART - 1 f\ in \~ (~\ .t\JJ I. GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 To prepare designs in accordance with the Township of Oro- Medonte Engineering Standards and Drawings (dated October, 1997). To prepare and furnish all required drawings and specifications. To prepare the necessary contract(s) and provide contract administration. To obtain the necessary approvals in conjunction with the Township, from the Township of Oro-Medonte sewage approval authority, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, and utility companies, or as a result of legislative or procedural change, the Ministries shall be deemed to be the Ministry of Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte or the Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2. To act as the Developer's representative in all matters pertaining to the subdivision. To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineer, for all the work specified in this Agreement. To provide supervision during construction of all the services. To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. To maintain records of construction which shall be available for inspection or copy by the Township. To prepare final "as constructed" Mylar drawings which will include the following with regard to provision of a digital Plan of Subdivision: Completed digital Plan of Subdivisions must be in AutoCAD 12 drawing format or DXF and be delivered on a 1.44 MB floppy diskette. Two copies of each Plan of Subdivision are required on separate diskettes. Each diskette must be labeled identifying the legal property description, developer's name, file name, and date delivered. PKZIP Release 2.04G may be used to perform file compression if required. 4 1.1.11 1.1.12 It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. '\ qQ:'f All line data depicting property boundaries must be mathematically closed to form polygons. The lines, which describe the boundary of all properties created within the Plan of Subdivision, will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB layer/level will outline the property boundaries in the form of enclosed polygons. LAYER/LEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (2) The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LAYER/LEVEL PL L T TEXT FONT MONOTEXT COLOUR YELLOW (2) The digital files should contain enough site data as to allow for horizontal and vertical positioning within the existing base mapping. A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing. It is not necessary that the digital data be in Universal Transverse Mercator (UTM) co-ordinates since the registration process will automatically convert any unit grid to the Ontario Base Mapping UTM Co-ordinate System". To furnish the Township with a certificate with respect to each lot or building block for which a Building Permit application is made, certifying that the proposed construction is in conformity with the Site Plan and General Location and Lot Grading Plan, or with an approved variation; (NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). To prepare and provide the Township, for each lot or block within the plan, a certificate of final grade elevation, indicating that the property has been developed in conformity with the Site Plan and General Location and Lot Grading Plan, or with an approved . variation (NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner). 5 r',. 1, ~../~~ () ,U NOTE: In the case of lots built on after the sale or transfer by the Developer, the ,," Township reserves the right to request a similar certificate as required under 1.1.11 and 1.1.12, but it may be provided by a Professional Engineer, other than the Developer's Consulting Engineer. If the Township has their Engineer prepare the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 1.2 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: Horseshoe Valley Lands Ltd. ATTENTION: Mr. Martin Kimble (705) 835-5578 Or by Facsimile Transmission to: (705) 835-2149 In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.3 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge of the mortgage(s) on those lands if called upon by the Township, to do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 6 D 0\,,/\, .....'\ \ \. 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by the Planning Act and required by the Township of Oro-Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said deed. The Developer shall provide to the Township's solicitor, certification of good title, free and clear from all encumbrances. 1.8 EASEMENTS The Developer agrees to grant, at his expense, all such easements and rights-of-ways as may be required for the installation and supply of services to the subdivision and to deed lands to the Township, as set out in Schedule "G". The Developer also agrees to certify good title to easements and right-of-ways by the Developer's solicitor. Prior to executing this Agreement, all known easements shall be filed with the Township in a form approved by the Township's solicitor. A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement. 1.9 HYDRO AND BELL CANADA Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the Hydro supplier and fwm Bell Canada, stating that the Developer has entered into a satisfactory agreement with them with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing Ontario Hydro and/or Bell Canada, which are necessary to accommodate this subdivision, shall be borne by the Developer. 1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING The Developer agrees to advise all prospective purchasers that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated public and catholic school sites in the community is not guaranteed and that pupils may be transported to/accommodated in temporary facilities out of the neighbourhood school's area. This clause is to be placed in any Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.11 CANADA POST The Developer agrees to construct a site to the specifications and standards of Canada Post and the Township, as required for the construction of mailbo(<es by Canada Post. 1.12 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses 1.1.11, 1.1.12 & Note of 1.1, 1.10, 1.11,5.5,5.7.2,5.7.3,7.3,7.9,7.16,8.1,8.1.1,8.2, 8.3, 8.4, 8.5, 9.8 and Schedule "F", to each prospective purchaser of a lot(s). 7 1.13 SAVE HARMLESS C\c " \ (--:;\ \\...-J The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.14 ENUREMENT This Agreement shall endure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. 8 PART - 2 G \\ ,..., ,\ \. ,.1\,/..\,' , \ THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision attached hereto as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules hereinafter referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Schedule "C" of this Agreement, along with the Storm Drainage and Erosion Control Study prepared by URS Cole Sherman dated October 17, 2001, and Slope Stability Assessment prepared by Terraprobe Consulting Geotechnical and Environmental Engineering dated September, 2001, Draft Plan 51 M- prepared by Dino R. S. Astri, O.L.S., limit, edges, slopes, contours and structural envelope. 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 Township of Oro-Medonte sewage approval authority, or subsequent approval authority 2.4.4 All applicable Township By-Laws, including any applicable Site Plan Control By-Laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: ..t. 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon thosB representations. 9 2.6 SCHEDULES ATTACHED n /~ J '--'\ v. , The following Schedules are attached to and form part of this Agreement: Schedule "A" - Schedule "B" - Schedule "C" - Schedule "0" - Schedule "E" - Schedule "F" - Schedule "G" Schedule "H" - Schedule "I" Schedule "J" Schedule UK" - 2.7 SUBDIVISION CHANGES Description of lands Being Subdivided Plan of Subdivision Works to be Constructed Itemized Estimate of Cost of Construction of Each Part of the Works List of lots Unsuitable for Building Purposes and/or Requiring Special Attention Development Charges Deeds and Easements to be Conveyed Parkland Declaration of Progress and Completion General location and lot Grading Plans Standard Township letter of Credit There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township Engineer. .i. 10 PART - 3 r(l ! / ' \ 'J v\o\ REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes - have paid all Township tax bills issued and outstanding against the said lands. 3.1.2 Deeds and Easements - have delivered to the Township all transfers/deeds, discharges and easements or other documents required by Schedule "G", as well as Certification from the Developer's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 3.1.3 Postponement Mortgage/Charge - file with the Township solicitor, for his approval, a postponement of Mortgage/Charge document. 3.1.4 Cash Deposits, Development Charges & Security - have paid to the Township all cash deposits, development charges and security required by Schedules "0", "F" and "H". 3.1.5 Construction/Engineering Plans & Specifications - have supplied to the Township, those Plans and Specifications necessary to identify the construction/engineering aspects of the proposed development, and have received from the Township an acknowledgment of conformity with general design concepts of the Township. 3.1.6 Hydro - have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, lighting requirements, and power supply to each lot or building or unit, as the case may be, and these are to be to the required Township standards which includes underground wiring. 3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 3.1.8 Consulting Engineer's Letter - ensure that each Consulting Engineer (who must be experienced in the field of Municipal services) for the Developer, file with the Township, a letter confirming the terms of his retainer, and which letter shall be in draft format supplied by the Township. 3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and Canada Post, to write a letter to the Township Clerk confirming that: 3.1.9.1 They have been informed of the project and have seen the development plans. 3.1.9.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 3.1.9.3 Easement requirements, if any. 3.1.10 Land Ownership- be the registered owner in fee simple of the lands described in Schedule "A", and that there will be no encumbrances registered against the said lands. 11 3.1.11 Ministry etc. Approvals - obtain and file with the Township, confirmation approvals from the following: ['.... \.jl 1", , . \ .......\ " 3.1.11.1 Township of Oro-Medonte sewage approval authority, or subsequent approval authority 3.1.11.2 Simcoe County District School Board 3.1.11.3 Simcoe Muskoka Catholic District School Board 3.1.12 Lot Sizes - file with the Township, a certificate from an Ontario Land Surveyor confirming that the frontage and area of each lot meets the minimum requirements of the Township Zoning By-law. 3.1.13 Community Mail Boxes - file with the Township, a Plan showing the location of, and access to, community mail boxes. 3.1.14 Mylars - provide for registration, Mylars of all Plans incorporated into this Agreement as Schedules. 3.1.15 Fire Chief Approval - obtain an approval from the Fire Chief of the Township confirming and approving of the proposed plans for fire protection, and specifying any hydrants, or other equipment, or appurtenances required. ]2 PART-4 ,I \) (t PRE-CONSTRUCTION REQUIREMENTS 4.1 Prior to starting construction of the subdivision works, the Developer shall: 4.1.1 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 4.1.2 Approval of Plans The Developer and the Engineers employed by him shall have the plans and specifications for the works approved by the Township Engineer prior to construction and the originals must be stamped as accepted by the Township Engineer. Submit and obtain the Township Engineer's approval of the following, all to be in accordance with the Township's approved Engineering Standards: i) the drainage plan; ii) the lot grading plan; iii) the service layout plan for Hydro, Telephone and Gas; iv) the road and water servicing plan. 4.1.3 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineer. The Township and Township Engineer are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.4 Scheduling of Works Prior to the start of construction, the Developer shall supply for the Township Engineers, approval of a Schedule of Works, setting out the order in which he considers the various sections of the works within the Plan will be built. The Township Engineer may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineer, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 4.1.6. 4.1.5 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineer. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the 13 Plan for approval by the Township Engineer. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineer. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. /"\ \" li' r ' \..y \ t/\ ; 4.1.6 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineer, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.11 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineer. Subsequent phase shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineer before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either; a) Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or b) Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township. 4.2 BREACH OF AGREEMENT If the Developer commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. ,.( .> 14 PART - 5 () . \ \- FINANCIAL REQUIREMENTS 5.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineer for checking of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of Ten Thousand Dollars (10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Engineer, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of Five Thousand Dollars (5,000.00), or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utilities Commissions and companies. He or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance (Underground Services) is issued. If an additional hydro service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per-lot basis prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. 15 c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the Local Improvements Act at present serving this property and assessed against it. These charges are set out in Schedule "F" of this Agreement. NOTE: In addition to the Municipal development charges, the lots may be subject to County development charges, education development charges and applicable development charges of any Public Utility Commission. 5.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said work as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule uK" with an automatic renewal clause, in the amount of one hundred percent (100%) of the estimated costs of the said works, as set out in Schedule "0" and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of the works, as set out in Schedule "0", will be reviewed and updated by the Township Engineer on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township Engineer, within thirty (30) days of notice, by registered mail. from the Township Engineer. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineer, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in Schedule "0" is greater by 10% than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. 16 a -0 \C\" \ \ d} Application - any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter, which under the terms of this Agreement, is the responsibility of the Developer, including, without limiting the generality of the foregoing, payment of engineering, legal, planning, and development charges, or other costs incurred by the Township, which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein. e} Default - if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub-contractors) shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement f} Exceeding Cost Estimates - if the costs of completing such work or service exceeds the amount of security held by the Township, such excess shall be paid by the Developer to the Township, thirty (30) days after invoicing by the Township, All overdue accounts shall bear interest at the rate of 12% per annum. g) Save Harmless - the Developer, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. h) The Construction Lien Act - if the Township becomes obligated to make any payments, or pay any costs under the provisions of Section 17(4} of the Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. i} Surplus Funds - in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit 5.7 DISCHARGE OF SECURITIES 5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township , Engineer, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the services, in increments of not less than ten percent (10%). Upon application for reduction of the securities, the Developer's Engineer shall provide an estimate of the cost to complete the work. This amount, when approved by the Township Engineer, shall be retained along with twenty percent (20%) of the completed work estimate and the remainder released. A further ten percent (10%) of the completed work 17 '\ ('" c\ c\ . au estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 5.7.2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General Location and Lot Grading Plan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be returned. 5.7.3 Preservation of Existing Trees Outside Driveway and Building Envelopes- The applicant for the Building Permit, either the Developer or subsequent lot owner, shall deposit with the Township at a rate applicable at the time of the issuance of Building Permits, securities to ensure the preservation of existing trees outside the building envelope and driveway location, as shown on Plan SS-1, prepared by URS Cole Sherman, and stipulated on their Site Plan. This security deposit will be returned one (1) year from the date final occupancy is achieved and certified by the Township that existing trees outside the building envelope and driveway location have been preserved. 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee hold backs, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 5.10 INSURANCE CERTIFICATE AND POLICY 5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) year after completion and acceptance of the Township services to be constructed herein. ,i. 5.10.2 Comprehensive General Liability - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than Five Million Dollars ($5,000,000.00) inclusive comprehensive general liability and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; 18 n ,.'0\ c) shall not have an exclusion pertaining to blasting, provided that any '-\D, blasting required to be done shall be done by an independent contractor duly qualified to do such work; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.10.3 Notice of Cancellation - a provision that the insurance company agrees to notify the Township within fifteen (15) days in advance of any cancellation or expiry of the said insurance policy. 5.10.4 Certificate of Coverage - any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c) and (d) above and are in effect. 5.10.5 Confirmation of Premium Payment - the Developer shall, from time to time as required by the Township, provide confirmation that all premiums on such policy or policies insurance have been paid, and that the insurance is in full force and effect. The Developer shall see that a copy of the policy is filed with the Township. 5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, and for which it may be held responsible. 19 PART-6 a 0, ;;, ,0 .' j \ ,-\ STAGING OR PHASING 6.1 STAGING OR PHASING The Township, in its sole discretion, may instruct the Developer to construct the services in particular stages or phases suitable to the Township, and the Developer must comply on terms to be agreed to by the Township. If the Township does not so instruct, the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivision into convenient stages. If the work is thus staged, as approved by the Township, then in lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as approved by the Township Engineer, the Developer shall deposit security for part of the services the Township has approved. Before proceeding with an additional stage, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and no Building Permits issued until this approval has been received and additional securities deposited. When fifty (50%) of the lots of the subdivision or stages of the subdivision have been built upon and all the services have not been completed and approved by the Township Engineer, the Township reserves the right to refuse commencement of the next stage until all services have been installed and approved. In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be approved if all services of the active stage approved by the Township Engineer have not been completed within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of the services. ,i. 20 PART-7 0\ C~ /'d(j \ '. CONSTRUCTION REQUIREMENTS 7.1 WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C" to this Agreement. This Schedule is to set out the works in general terms only and shall not be construed as covering all items in detail. The works are to be designed and constructed in accordance with the current Engineering Standards adopted by By-Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of the subdivision, the Township Engineer is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineer. 7.2 CONSTRUCTION OF WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite works in order to provide services to the lots and buildings blocks within the Phase. 7.3 PRESERVATION AND PLANTING OF TREES 7.3.1 The Developer must preserve all healthy trees within the limits,of the subdivision, where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland, and individual lots, the Township shall have the option of having a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 50 mm caliper on each lot having less than three (3) trees in the front yard(s), if required by the Township. The type of trees must be satisfactory to the Township. 7.3.3 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, in areas where there is not a sufficient growth of trees. 7.4 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removeq, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineer. 21 _, i I o !\,-,\ \ Ci -0 ' 7.5 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineer or Township Public Works Official, written permission for carrying out the blasting operation, and shall obtain the blasting permit and show proof of insurance for all damage or claims for damage resulting from the blasting operation. The Developer, in any event, shall be responsible for any such claims. 7.6 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township Engineer and Township Public Works Official during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Public Works Official. For the purpose of getting such consent, the Developer shall advise the Township Public Works Official and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 7.7 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange for an inspection with the Township Public Works Official and Township Engineer for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Public Works Official's assessment of conditions prior to construction will be final. 7.8 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineers. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile) from the Township's Engineer regarding a dust control problem, then the Township's Engineer, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 7.9 CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township is not responsible for the removal or disposal of refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. 22 7.10 INSPECTION OF CONSTRUCTION OF SERVICES (\ v\ During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township Engineer to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineer perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements for services, he will have the authority to cease construction operations by verbal notice to the contractor and/or the Developer's Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 7.11 DECLARATION OF PROGRESS AND COMPLETION 7.11.1 Prior to the approval of the underground services, the Developer shall provide the Township Engineer with an undertaking for the completion dates of all remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval of the Township Engineer. The Township reserves the right to alter the completion dates as it sees fit and the Developer agrees to complete the services. 7.11.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre- determined liquidated damages, the sum of Fifty Dollars ($50.00) for each and every day the said services are behind schedule of . construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 7.12 PROGRESS OF WORKS After the completion of the underground services, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township Engineer and from that date, the said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the Township Engineer. If he fails to adhere to the scheduling provisions outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Township Engineer, then upon the Township Engineer giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineer may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary works in connection with the installation of the said works, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs thereof, together with an engineering fee of ten percent (10%) of the cost of such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said works by the Township. 23 .'\ \) .~. ~ Q ,'()Lp The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan. 7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the hydro and street lighting, sewer system, detention pond and waterworks will be constructed, inspected and approved prior to the completion of the other works, including roads and boulevards. Building Permits will not be issued until the Township Engineer has given the Certificate of Substantial Completion and Acceptance (Underground Services). The two (2) year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance period, the Developer shall be responsible for the normal operation and maintenance, and all repairs for the services noted in the Certificate. If, during the two (2) year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the cost of the work from the Developer's securities, as set out under Clause 9.3. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services, in this case, until the Township has assumed the responsibility of the services. 7.14 EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any of the works. Such entry and repairing shall not be deemed an acceptance of the works by the Township or any assumption by the Township of any liability in connection therewith, or a release of the Developer from any of his obligations under this Agreement. 7.15 USE OF WORKS BY TOWNSHIP The Developer agrees that: I. The works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. II. Such use shall not be deemed an acceptance of the works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the works so used. 24 7.16 DRAINAGE AND LOT GRADING (~i\ All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall Grading Plan SS-1 prepared by URS Cole Sherman, and approved by the Township Engineer and the Township of Oro- Medonte sewage approval authority, or subsequent approval authority. Some fill and regrading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township Engineer. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said swale/easement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 326 of the Municipal Act. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. Generally, the drainage facilities will consist of open ditches within the subdivision or storm sewers in certain locations to provide a satisfactory drainage outlet, and will be in accordance with the Drainage Plan SS-1 prepared by URS Cole Sherman, and approved by the Township Engineer and the Township of Oro-Medonte sewage approval authority, or subsequent approval authority. .;, 7.17 PARKLAND WORKS All parkland works indicated on the Park Development Plan are to be constructed in accordance with Section 14 - Park Requirements of the Township of Oro- Medonte Engineering Standards and Drawings. The parkland must be completed to the satisfaction of the Township prior to the issuance of 25% of the total Building Permits allowed in the subdivision. 25 7.18 DEFINITIONS I" " '),C!) ~\ C\, V l \ For the purposes of this Subdivision Agreement: (i) The term "Underground Services" shall mean the storm drainage works (including culverts, storm sewer, detention pond and waterworks), underground electrical distribution system, and street lighting serving the Plan of Subdivision, as more particularly described in Schedule "C" to this Subdivision Agreement. (ii) The term "Certificate of Substantial Completion and Acceptance (Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Underground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Underground Services) shall not constitute an assumption of the Underground Services by the Township. (iii) The term "Certificate of Maintenance and Final Acceptance (Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Underground Services constructed by the Developer, in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Underground Services by the Township. (iv) The term "Aboveground Services" shall mean all Municipal services to be constructed by the Developer pursuant to the terms of this Subdivision Agreement, as more particularly identified in Schedule "C", excluding Underground Services. (v) The term "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed, in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground Services by the Township for winter maintenance only. (vi) The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. ..c_ (vii) The term "Certificate of Substantial Completion and Acceptance" means a Certificate of Substantial Completion and Acceptance (Underground Services) or a Certificate of Substantial Completion and Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. 26 (viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Underground Services) or a Certificate of Maintenance and Final Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. 27 r. . ....~ PART-8 C- (t (-;, ,i, r\ ./, ,,\~) 1 4.,...~ ....../ 1, BUILDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE SEWAGE APPROVAL The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building Permit for any part or portion of the said lands or on any lot therein, and no Building Permit shall be issued until a Sewage System Permit approval has been received for the land in question. The Developer's Engineer shall prepare an overall Lot Development Plan for approval by the Township of Oro-Medonte sewage approval authority, or subsequent approval authority, and the Township Engineer, as a further requirement to Clause 7.16. The Plan shall include the following: a) envelopes for the proposed house and any adjacent structures on each lot. b) an envelope showing the location, size and elevation of the subsurface sewage system on each lot and all pertinent engineering design criteria. c) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed. d) existing and proposed grades on lot corners and mid-lot elevation. e) location of water service. 8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed Site Development Plan for each lot may be required to be prepared by a Professional Engineer registered with the Association of Professional Engineers of Ontario, experienced in private sewage system design, for approval by the Township Engineer, prior to the issuance of a Sewage System Permit for each respective lot. Site Development Plans, which conform to the overall Lot Development Plan at an approved metric scale using metric dimensions and elevations, shall include the following: a) the location, dimensions and elevations of the proposed dwelling and any structures to be located on the lot, as well as any adjacent structures on the adjacent lot(s). b) the location, size and elevation of the sewage system, all engineering design criteria and standards pertaining thereto, shall be provided. c) the location of the water service line to the dwelling. d) the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed. e) the location and grades of any proposed drainage swales. f) the Professional Engineer will be required to check the elevations of the footings of the buildings prior to further construction to ensure conformity with the approved Plans noted above. g) the Professional Engineer will be required, prior to the issuance of a Fiflal Inspection Report, to certify to the Township of Oro-Medonte sewage approval authority, or subsequent approval authority, in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above. 28 The Developer further agrees to construct all works required under Clause 7.16. and as shown on the approved General Location and Lot Grading Plan SS-1. Storm Drainage Area Plan and Erosion Control Plan all prepared by URS Cole Sherman, Slope Stability Assessment prepared by Terraprobe, and Site Plan to the satisfaction of the Township of Oro-Medonte sewage approval authority, or subsequent approval authority, and the Township Engineer. {"\ \ .'> """\ \_A, C, j' Ie The Developer further agrees to advise all prospective lot owners of the requirement that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 8.2 REQUIREMENTS FOR BUILDING PERMITS The approval of the Plan by the Township, or the acceptance by the Township of the works, shall not be deemed to give any assurance that the municipal building permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. Notwithstanding the foregoing, no Building Permits will be given and the Township may refuse any application until: (i) The Township of Oro-Medonte sewage approval authority, or subsequent approval authority, approvals have been obtained and submitted to the Township. The Township of Oro-Medonte sewage approval requirements are set out in Clauses 7.16 and 8.1. (ii) Waterworks have been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Underground Services). (iii) Plans for remaining underground services such as Bell Telephone. Hydro or Natural Gas have been approved. (iv) Approval of the Township Engineer has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (v) A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the Site Plan and General Location and Lot Grading Plans, Storm Drainage and Erosion Control and Slope Stability Assessment Reports, or has received the approval of the Township Engineer with respect to any variance to the Plan. The individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a Building Permit. (vi) All dead trees within the limit of the Plan have been removed. (vii) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.4. (viii) The parkland must be completed to the satisfaction of the Township, as per Section 7.17. 29 ,~~ \../~~~(;i t ''-'.: (ix) Any development charges have been paid, in full, in accordance with the " applicable development charge By-Laws, enacted pursuant to the Development Charges Act, 1997, as well as By-Laws enacted pursuant to Section 257.53 of the Education Act, or alternate arrangement satisfactory to the body enacting the development charge By-Law, have been made and the same has been communicated to the Chief Building Official for the Township of Oro-Medonte, in writing, by sach a body. 8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "En, the Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 8.4 MUNICIPAL ADDRESS SYSTEM The Developer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the aforementioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 8.5 REQUIREMENTS FOR OCCUPANCY 8.5.1 No buildings erected on the lots or blocks within the Plan shall.be occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in accordance with the Township Building and Plumbing By-Law. PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow occupancy of a building. 8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: (i) The roadway has received the granular roadbase materials full depth and the base course of asphalt, provided asphalt is commercially available. (H) The underground hydro, telephone lines, gas mains and street lights have been installed and approved by the Township Engineer. (Hi) A Certificate Letter and individual Lot Development Plan has been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading of the lot or block, is in conformity with the Site Plan and the General Location and Lot Grading Plans, or such variance therefrom has been approved by the Township Engineer. .,J. The final grading on the individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. 30 (iv) Driveway culvert and end protection has been provided to the satisfaction of the Township, in accordance with the Township's Road Occupancy Permit. (v) The trees have been planted on the lot by the Developer in accordance with Clause 7.3. / (vi) Any deficiencies on a Provisional Certificate of Occupancy has been complied with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of the dwelling for any lot or part of a lot on the said Plan. 8.6 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.5 are installed to the home occupied to the satisfaction of the Township Engineer, then the Developer agrees to pay to the Township, liquidated damages in the amount of One Hundred Dollars ($100.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineer that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30) days of the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. 31 PART-9 MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of the underground services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Underground Services). Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation. maintenance, and all repairs of the services in this case until the Township has assumed the responsibility of the services. 9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineer and Public Works Official shall make an inspection to ensure that the Township will accept the road system. The Township Engineer shall issue a Certificate of Substantial Completion and Acceptance (Aboveground Services) when the works are accepted by the Township. This Certificate may. contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence when the Township Council approves the issuance of the Certificate. 9.3 MAINTENANCE OF WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date the Township Council approves the Certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. The maintenance shall include the maintaining and mowing of grass within the road allowances, as well as the parkland area and detention pond, on a regular basis. If the Township is requested to carry out this maintenance, the Developer shall pay all charges to the Township. If, during this period, the Developer fails to carry out maintenance work within forty-eight (48) hours after receipt of a request from the Township, then the Township Engineer may, without further notice, undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the original estimated cost of the works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2) year period noted above, the maintenance period will continue for the original two (2) years, or for thirty (30) days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater. 32 q, ~ ,- --' " ~ .. t .. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of services. 9.4 WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two (2) year maintenance period will be winter control, which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). Winter control shall include snow plowing, sanding and any other winter maintenance operations. It is agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services) however, the Developer shall be responsible for the winter control also. In the event that proper vehicular access or winter control is not provided by the Developer, the Township, through its servants, contractors, or agents, may provide without notice to the Developer. Such winter control shall be only carried out at times deemed to be an emergency by the Public Works Official. All costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment Labour Mixed Sand and Salt Payroll Burden - 41 % Administration - 7% G.S.T. - 7% $40.00/hr. $20.00/hr. $12.00/m3 The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township pursuant to this Agreement before the roads are accepted by the Township, shall not be deemed in any way to be an acceptance by the Township of the roads in the said subdivision upon which such work is done. The Developer acknowledges that the Township, whilst providing winter control, may damage or interfere with the works of the Developer and covenants that he will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. 9.5 REPLACEMENT OF SURVEY BARS Prior to the final acceptance of the subdivision by the Township, the Developer agrees to supply a statement from an Ontario Land Surveyor approved by the Township that after the completion of the subdivision work, he has found or replaced all survey monuments, standard iron bars and iron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. 33 i 0"" 'J( 1\ \ '-~. -- .-/ "-.._-J:./ Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services, in this case, until the Township has assumed the responsibility of the services. 9.7 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance therefrom as has been approved by the Township Engineer. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 9.8 DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and the subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and subsequent owners of the lots or blocks within the Plan of Subdivision, from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a copy of this Section 9.8 and Section 7.16 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and the owner, from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and/or subsequent lot owner. Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as per Section 326 of the Municipal Act. 34 PART - 10 DEFAULT PROVISIONS f'> i'\ /~ i ,'. ,-', '\, v \ i.....i'.,,/ 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies, when the0eveloper is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or Occupancy Permits for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 10.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province or other public body, such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change or policy of the Provincial Government. 10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 326 of the Municipal Act. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this day of A.D. 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per Title Per Title HORSESHOE VALLEY LANDS LTD. Per ~~ Richard Andrews Title President H~~Bind the Corporation Per -- '/r' Title VP. l':ft-~A77lD10S 35 SCHEDULE "A" i n((. O,C\..)l) \ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: Firstly: Part of Parcel 1-8, Section 51-0ro-4, being Part of Lot 2, Concession 4, designated as Parts 5, 6, 7 and 16 on Plan 51 R-30780, Township of Oro-Medonte (formerly Township of Oro). Secondly: Part of Parcel 1-21, Section 51-0ro-3, being Part of Lots 1 and 2, Concession 4, designated as Parts 2,8,10,13,14,18,19 and 20 on Plan 51R-30780, Township of Oro-Medonte (formerly Township of Oro). All in the County of Simcoe. Subject to an easement, as set out in #327069. 36 SCHEDULE "B" ......'~ , " \...A~ (:. \ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. PLAN OF SUBDIVISION 51-M 37 SCHEDULE "C" C (j t)\ Or' >- \ ' NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE ANDHORSESHOEVALLEYLANDSLT~ WORKS TO BE CONSTRUCTED . Storm drainage works, including ditches, culverts, driveway culverts, and erosion control measures, as required. . Water service connections to existing water main. Remove and plug existing 150mm water connection. . Underground hydro, telephone and gas. . Parkland. All of the above works are incorporated onto the following Engineering Drawings prepared by URS Cole Sherman, Project No. CN30700162, Municipal Affairs No. 43- OM-20011. The Drawings listed below were stamped, as accepted, by the Township Engineers, R.G. Robinson and Associates (Barrie) Ltd., on 2002. LIST OF DRAWINGS: . PP-1 . SS-1 . DD-1 Highland Drive Plan Site Grading and Servicing Plan Oro-Medonte Standards 38 SCHEDULE "0" ~ CA~~ \ NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEOONTE AND HORSESHOE VALLEY LANDS L Tf>. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS The following list summarizes the cost estimate of the major works, but is not necessarily inclusive: A) Driveway construction complete, including pipe, endwalls, granulars and pavement. Remove and replace guiderail............... .......................................................$ 43,403.00 B) Storm drainage works complete, including culverts, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices................. .......... ........................ .....$ 13,000.00 C) Waterworks, including water services, and remove and plug existing 150 mm water connection................. .............$ 7,380.00 D) Electrical supply.................... ........................................... ...$ 1,000.00 E) Parkland works, trees, and park sign.................................$ 1,000.00 SUB-TOTAL $ 65,783.00 F) Allowance for Engineering and supervision........................$ 6,578.30 TOTAL $ 72,361.30 7% G.S.T. $ 5,065.30 GRAND TOTAL COST $ 77,426.60 39 SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES & LIST OF LOTS REQUIRING SPECIAL ATTENTION Prior to issuance of Building Permits for Lots 1-13: . A Site Plan shall be approved by the Township Engineer satisfying Sections 8.1 and 8.2 of this Agreement. . Payment of development charges per Schedule "F". . Securities posted per Sections 5.7.2 and 5.7.3. 40 SCHEDULE "F" C\ (( /It) NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per-lot basis prior to the issuance of the first Building Permit for each particular lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with By-Law 99-081 of the Township of Oro- Medonte at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with By-law [#3203-00] of the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with By-law #3 (2000) of the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services. Please also be advised that development charge By-Laws may be enacted after the date of this subdivision by the County of Simcoe or by a Public Utility Commission pursuant to the Development Charges Act, 1997, which may impose a charge on the development of the lands within the plan of subdivision; Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development Charges Act, 1997 and Section 257.53 of the Education Act, may be amended or superceded by subsequent By-Laws enacted in accordance with the respective legislation. 41 SCHEDULE "G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties. with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered, shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP 1 .1 Block 18 0.3 m reserve Lot 13 Plan 51-M 2.0 STORM EASEMENTS 2.1 Parts 9 and 11 2.2 Part 17 2.3 Part 8 Storm Easement Storm Easement Storm Easement 51 R-30780 51 R-30780 51 R-30780 42 NOTE: PARKLAND Block 14 Cash-in-lieu SCHEDULE "H" I C\ Dc /L}L) t It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. Plan 51-M $12,495.00 43 SCHEDULE "I" ,."\~ ( L., ~/1 l/l~ \ TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVElOPER CONSULTING ENGINEER As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND The Developer(s) dated 1. The Developer hereby agrees and undertakes to complete the construction of the Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township Engineer and more specifically in accordance with the following schedule and conditions: a) Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. b) Granular "B" and Granular "A" on or before c) Grading, topsoiling and seeding of private blocks and parks on or before_ d) Boulevard sodding on all roads on or before e) Hot asphalt on or before f) Planting of trees on or before 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud-free and dust-free condition until such times as the roads, including boulevards, have been completed; 44 4. /'\ (I/] The Developer further agrees and the Township is hereby authorized to L\c" I ---1 undertake any of the maintenance work as set out under Item 3 hereof, not . completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead; 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of Fifty Dollars ($50.00) for each and every calendar day the said services are b,ehind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. DEVELOPER Seal or Witness Date 45 SCHEDULE "J" i " I 1""'. , i(i l.\ qY I) NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY LANDS LTD. GENERAL LOCATION AND LOT GRADING PLANS PROCEDURE After the General Location and Lot Grading Plan have been approved by the Township, then: a) six copies to be delivered to the solicitor for the Township. b) six copies to be delivered to the Township. c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the solicitor for the Township. 46 SCHEDULE uK" '- \C( C ,,' -\ \ SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP UST ANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Custorns and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Oro Ontario, LOL 2XO We hereby authorize you to draw on the Bank of Ontario, , for the account of , up to an aggregate amount of , ($$$$$$$$) which is available on demand. Pursuant to the request of our said customer, ' , we, the Bank of , Ontario, , hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which rnay be drawn on by you at any tirne and from time to time, upon written demand for payrnent rnade upon us by you which dernand we shall honour without enquiring whether you hav'e the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by thern to payrnent by us. Dernand 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 : Bank of , , Ontario, . 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 Cornpany, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit rnay be reduced from tirne to tirne, 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 shall be 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 condition of this Letter of Credit that it shall be deemed to be automatically extended without arnendrnent from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 20 Authorized Signature Authorized Signature Bank of 47 LA , ---=~- SEV]i/~~G1;ISHENE ,. . "\. ), /l63/Ue Mai,~' ", 9, Pen~tair~uishene, Ontario , L?M 203 9-2149 \fax\(705) 549-6463 i. \ ! Conseil d' a ,t&t~n N ,IIi / . ; ! \ ~c t1 '" MIchel St Amanil \ . . secretair,e~tresl. er \ \ Midland , ffl , ; , '_/ CA-../ Rene C6te President Penetanguishene Martin Lalonde Vice-president Lafontaine Jean-Guy Valliere Directeur-executif Penetanguishene ENGLISH VERSION PROVIDED AS A COURTESY Mayor and Deputy Mayor Canton d'Oro-Medonte RE: County of Simcoe Library Co-operative Upon hearing about a study recommending the closure of the County of Simcoe Library Co-operative, we at La Seve de Penetanguishene remain indignant. La Seve is a non-profit organization dedicated to fundraising on behalf of the Francophone population of Simcoe County. We support various social, cultural, sports and recreation projects including the Penetanguishene Public Library. We have allocated $15,000 to increase the French language collection at the library. We are currently entering the fourth year of our commitment to this initiative. The decision to close the Co-operative would mean that not only the Penetanguishene Library, but also other libraries likely to provide services to the Francophone community living in Simcoe County, will risk losing access to resources that are critical to maintaining basic operations. French language resources will suffer because any funding normally allocated to this specialized service will no longer be available. They will likely have to be transferred to the general operating funds so that libraries can continue to provide the services they will no longer be receiving from the Co-operative. From our viewpoint, this situation has two potentially devastating effects. First of all, French language resources such as books, magazines, videos, newspapers, and others are vehicles for communicating and living our culture and our heritage. Any reduction or elimination of opportunities for Francophones to read in our language and renew our contact with our heritage, means contributing to the destruction of our heritage. Secondly, the Co-operative's closure could potentially create a two-tiered society: on the one hand, those people who live in urban centres and benefit from a variety of services because, with their greater numbers they have the means to do so, and on the other hand, those who live in rural or isolated areas who do not have equal access to a minimal level of essential resources, especially when considering that we live in an increasingly knowledge based economy. We strongly oppose any decision to close the County of Simcoe Library Co-operative and urge decision makers to listen to the taxpayers on this issue. After all, it is they who pay the taxes to support the service and who stand to benefit from them. .. but for how much longer? We strongly recommend that the County decide to not follow through on the recommendation to close the Co- operative. Sincerely, Rene Cote, Board Chair i c.c. M. Ernest Vaillancourt, President, La Table de concertation des organismes communautaires du comte de Simcoe 1.1 Indian and Northern Affaires indiennes Affairs Canada et du Nord Canada www.inac.gc.ca www.ainc.gc.ca ; ...~ ~ of r 'V ~ Subject: National Aborieinal Day Dear Madam/Sir: I am writing to invite you to share in the celebration of National Aboriginal Day this June 21st, a celebration that recognizes the historical and contemporary contributions of Aboriginal peoples in Canada. Consider taking part in a local event, helping to organize activities in your area or going online to INAC's web site at www.inac.ec.ca this May/June to find out what National Aboriginal Day events are taking place elsewhere across Canada. These National Aboriginal Day promotional materials are available to you free of charge from Indian and Northern Affairs Canada simply by ordering them using the enclosed form: , Screens aver Acolourful reading'reminder ofN.ati()nal Aboriginal DClJ'!~' ...',,',' ,"A7; injormiliWepdmphleiproViding btlckgroiind informiliu/ Aboriginal people across Cimada on the meaning ofNatio , Outstanding arlworkona.tiiooFNAD posters and postcilr(jffr(,:t:nti#~ Nations, Inuit and Metis artists on a Celebrating Aboriginal Peoples~heme. " . ,This colouiful "faStfacts" gamefor children features fun facts abo.utFirst Nations, Inuit and Metis peoples (also known m Fortune; Tel:lers)~ ' Enjoy this story o/how. Claire learns about the ma."ycontijhutio~made;by Aboriginal people tothedevl!lopinent of Canada. "'; " ."' '," ' Hours of fun with stones, recipes, puzzles and gamesmall O1ithe themecf National Aboriginal Day. , ' A great display for your computer featuring photographs oRFirst Nations, Inuit and Metis at National Aboriginal Day activities and events. ~; . Clalre.and lI,er , Grandfather Activity Guide Please enjoy these fine products and use them to increase knowledge and awareness of National Aboriginal Day; display them and share them with your friends, family and colleagues andplan to take part in National Aboriginal Day activities hosted in your area. Thank you for helping make National Aboriginal Day a success! Yours truly, Encl. Canada 04/25/02 22:05 FAX R L BIRNIE 14101 April 25, 2002 The Township of Oro-Medonte Attention: Mayor and Counc11 P_D. Box 100 Oro, Ontario LOL 2XO Subject: Trail Donor Recognition Dear Council; y our Trail Advisory Committee is req) ,esting your partici:pation in an eveni.n~ of recognition for the major donors that have contributed to the trail building fund. This request is of an urgent nature due to the time frame we must complete this whole process in. Mav 15. 2002, your council meeting, we would like to invite these generous people to council to receive recognition for their generosity and view the signs that will be placed on the trail recognizing them. We view this. function as an opponunity fur council to meet these people and personally thank them and for us to have them review the signs and advise us of any errors or changes they may wish. An opportunity for us all to rub elbows and put the onus on them that their name is as they wish it to be on the sign. The Trail Advisory Committee would like the opportunity to address the 50 or so people that would be expected at some time during the proceedings. The purpose of this wouJd be to bring them up to date on the trail activities and where we are going trom here. We feel coffee and crumpets type of retreshments after the formalities and the reviewing of the signs would be in order and appre~ted. Yours truly, "- de. Chris. Carter Recreation Committee Jennifer Zielenie.wski If! :,,1 1 b ' MERIDIAN , PlANNING CONSULTANTS INC. Page 1 of 5 Date: Members of the Oro Moraine Steering Committee Nick McDonald April 17, 2002 To: From: Subject: Meeting of April 9, 2002 Job Number: 2080 The intent of this memo is to summarize the main points made at the April 9, 2002 meeting. All members of the Oro Moraine Steering Committee, with the exception of Ralph Hough, were in attendance at this meeting. Intent of Meeting The primary intent of the meeting was to review the approach developed by Azimuth Environmental Consulting in assessing the features and functions of the Oro Moraine. The approach was presented in a document that was circulated to all Steering Committee members the week before. The document reviews the basis of the approach, discusses it in the context of Oro-Medonte and suggests a scoring system for use after a preliminary assessment has been completed. A further intent of the meeting was to obtain consensus on the part of the Committee that the approach was appropriate for the work to be completed on behalf of the Township of Oro- Medonte. Items Discussed 1. Nick McDonald reviewed the intent of the project and why the approach identified by Azimuth Environmental Consulting was selected. The intent of the project is to establish land use policies in the Township of Oro-Medonte Official Plan. These land use policies will be based on the model developed for the Oak Ridges Moraine Conservation Plan (countryside, natural corridor, natural core, settlement). While the names of the designations may be different, the intent of both processes is the same; to protect the natural heritage features and functions of the Oro Moraine and to provide an appropriate base of information and provide the means by which development proposals in this area can be assessed. 2. Nick McDonald also indicated that it was the Township's intent to proceed as quickly as possible with the preparation of mapping showing natural heritage features in accordance with the approach suggested by Azimuth. This approach is one that has been used by many other municipalities and Conservation Authorities in Ontario and is the approach Page 1 113 Collier Street, Barrie, Ontario L4M 1H2 Phone: (705) 737-4512 Fax: (705) 737-5078 , t""'" _ r:: ... 0-' ..)--", ' ,~' ..:.I suggested by the Ministry of Natural Resources in their technical manual. This technical manual provides the basis for interpreting and implementing the Provincial Policy Statement. Nick also indicated that every effort should be made to ensure that the pUblic is aware of the work that is being undertaken during the summer of 2002. This timing will ensure that the majority of residents are involved in the planning process. 3. With respect to public consultation, Nick also mentioned that minutes of this meeting and future meetings will be completed in the format set out in this memorandum so that those not involved with the Steering Committee or this project are aware of the issues that are being considered and otherwise discussed at the Steering Committee meetings. It was also suggested that these minutes be put on the Township's website so that residents have another avenue to utilize to review the progress of the Study. With respect to the website, it is proposed to create a special website for the Oro Moraine project on the Township of Oro-Medonte home page. This work will be completed in the next few weeks and all of the written information produced to date will be available on that website. In addition to the written material, all existing mapping will be on the website as well. Almost all of the information will be in a format that is viewable and downloadable by the public. The best way to accomplish this is if all the files are translated into .pdf files. Nick indicated that he would email each member of the Committee once the website was up and running. 4. Nick McDonald then introduced Mike Jones and Martha Scott of Azimuth Environmental to review the suggested approach to the identification of natural heritage features and functions on the Oro Moraine. Mike Jones made the following points: . The basic approach to the project has not been significantly altered; . The Moraine will be divided into anywhere between 400 and 500 polygons for review; . Each polygon will be given a score based on 18 criteria, with a criteria being set out in their report; . A series of maps will then be produced showing how each of the polygons rank/rate; and, . This information will be extremely useful in identifying where development can be directed and the value of each polygon. 5. The information collected will also provide the basis for further study and assessment, when development applications are submitted. Adam Thompson asked how 'value' is defined and the response was that value represents the ecological significance of a polygon. Martha Scott reiterated that the model is based on the Natural Heritage Training Manual, produced by the Ministry of Natural Resources. 6. Nick McDonald asked Azimuth if the approach proposed would lend itself to being updated as new information was provided. Azimuth responded that the model is intended to be dynamic in that as new information is collected, it can be added into the model. Page 2 113 Collier Street, Barrie, Ontario L4M 1H2 Phone: (705) 737-4512 Fax: (705) 737-5078 r; b ~:;;i 7. Nick also asked Azimuth about the similarities in the approach proposed to be taken on the Oro Moraine with the approach taken on the Oak Ridges Moraine. Azimuth responded that the approaches are similar, however the approach to be used on the Oro Moraine is much more detailed in its scale and scope. 8. It was also suggested that there would be a need for specific Oro Moraine criteria to be considered in the context of this study that would be different from the criteria utilized in the Oak Ridges Moraine exercise. For example, on the Oak Ridges Moraine, Natural Core Area had to have an area of at least 500 hectares. Natural corridors also had to have a minimum width of two kilometers. In the case of the Oro Moraine, which is significantly smaller, these minimum sizes and widths are not appropriate. 9. Nick also asked the Azimuth team whether field work would be a component of the study program. Azimuth responded that field work will be carried out during the growing season to verify some of the information that has been collected from the preliminary review. It was suggested that there would be between one and two weeks of field work carried out as part of this project. The intent of the field work will be to verify the limits of as many of the polygons as possible. 10. Ernie Dryden of the Oro Moraine Association indicated that he still had some concerns about the approach. Ernie suggested that not enough field work was going to be carried out. Mr. Dryden's concern is that the product will not be defensible at an Ontario Municipal Board hearing. On this basis, Mr. Dryden suggested that one of the products of the work should be policies in the Official Plan which require the submission of the comprehensive environmental impact studies to support development applications on the Oro Moraine. In this way, information that may not have been available when the original study was carried out could be considered as part of a development application process. Mr. Dryden also suggested that all of the costs associated with the Environmental Impact study should be borne by the landowner. Lastly, Mr. Dryden suggested that a Conservation Authority should be responsible for managing the data after it has been collected and updating the data base as appropriate. 11. Nick McDonald responded to Mr. Dryden's comments by stating that all of these suggestions were excellent. Nick confirmed that the intent of the process is to develop a natural heritage vision and policy framework for the Oro Moraine. At no time was it suggested that all information on features and functions would be available when the policies were drafted. On this basis, the policies will, when drafted, require the submission of certain information to support development applications to ensure that our understanding of the impacts of development are known prior to a decision being made. Nick also indicated that it has been a goal of both Council and Staff over the last few years to involve the Conservation Authority in the decision making process in the Township. Over time, some thought will be given to developing some type of a co- ordinated Conservation Authority type structure that would provide Council with technical expertise on environmental and hydrogeological matters. 12. In response, Mr. Dryden indicated that he has experienced a number of Ontario Municipal Board hearings. On this basis, his interest and the Oro Moraine's Associations interest is to make sure that whatever gets produced will stand up at a future hearing. Page 3 113 Collier Street, Barrie, Ontario L4M 1H2 Phone: (705) 737-4512 Fax: (705) 737-5078 \ \ \; ,~ Mr. Dryden also indicated that the Couchiching Conservancy is somewhat reluctant to release information that may assist development industry in carrying out any environmental impact study in the future. Mr. Dryden indicated that information requirements that need to be fulfilled as part of a submission of a development application should be clearly laid out. Jackie Fraser of the Aggregate Producers Association of Ontario (APAO) confirmed that there are a number of extensive requirements for submission purposes whenever an application for a pit or an expansion to a pit is being contemplated. 13. Nick McDonald asked Mike Jones to briefly review the work that he has been undertaken on behalf of the municipality on the groundwater study. Mike Jones indicated that the first phase of the groundwater study was completed in February 2001. The second phase is now underway. The intent of the groundwater study was to look at the water budget on the Oro Moraine on a sub-watershed basis. A number of recommendations were made by Azimuth at the time, some of which have to be implemented in the Official Plan. The full text of the groundwater study will be available on the Township's website within two weeks. The findings of the groundwater study will have implications on some of the policies developed on the Oro Moraine. 14. Ernie Dryden inquired whether some of the Groundwater Study recommendations would be discussed at a future Oro Moraine Committee meeting. Nick McDonald responded by stating that since there are policy implications emanating from the study, they would certainly brought to the table at a future meeting. Nick also indicated that he had prepared an executive summary summarizing the groundwater study and commenting on how the Official Plan could be updated to reflect its recommendations. This report will also be made available on the Township's website. 15. Adam Thompson mentioned the Victoria Point Ontario Municipal Board hearing in the City of Orillia as an example where issues relating to the environmental sensitivity of the lands were the subject of a very costly OMB hearing. Nick indicated that the intent of this process was to create certainty rather than uncertainty. Nick also indicated that the Victoria Point hearing was based on two competing visions, one being the designation of the lands as a Provincial wetland, and the other being the designation of the lands in the Official Plan as a development area. These competing visions had to be resolved somehow and unfortunately, it took an OMB hearing to decide it. 16. Rob Baldwin of the Lake Simcoe Region Conservation Authority indicated that one of the benefits of the suggested approach is that, once the work has been completed, you can easily test a number of scenarios. The example Rob used was one where it was determined that a 30 metre buffer was required around all significant features. With a simple point and click of a mouse, you could graphically review the impacts of such a decision on the lands. Rob Baldwin also reiterated that the top down natural heritage system approach was much more preferred over the primary species information approach. 17. Ernie Dryden questioned the meaning of cumulative impact. Mike Jones explained what the term means and how you would review cumulative impact using a hypothetical scenario. Mike explained that the rationale for cumulative impact studies is to ensure that Page 4 113 Collier Street, Barrie, Ontario L4M 1H2 Phone: (705) 737-4512 Fax: (705) 737-5078 , ./ \) b-5 the combined impacts of a series of developments are reviewed, instead of on a case by case basis. 18. Nick McDonald then asked whether there was support for the approach being proposed by Azimuth. Jackie Fraser indicated that the approach seems sound and reminded everyone of the need to consider other policies in reviewing land use issues on the Oro Moraine. Very specifically, Jackie indicated that the Provincial Policy Statement also has a number of policies dealing with the protection of aggregate resource areas for future extraction purposes. Patrick Capobianco inquired whether developer funded studies would be reviewed as part of this process. The response is yes. 19. Acting Mayor Craig indicated that Township Council has historically been very proactive with respect to the preparation of Township hydrogeological and environmental study. Neil Craig also indicated that the Township was ahead the game, particularly with respect to the hydrogeological study of the Oro Moraine. Mr. Craig also indicated that he supports the approach being taken and looks forward to the results. There were no other comments on the approach. 20. Nick McDonald then indicated that Azimuth would undertake to complete the work and would be in a position to have a draft report complete with mapping available for the first or second week of June 2002. Given that time table, the meeting date originally scheduled for June 4, 2002 is not required. Instead, it was agreed that the Oro Moraine Committee would meet again on June 18, 2002 at 9:30 am in the municipal office to review the draft mapping. An agenda for that meeting will be provided to Committee members in advance. It is hoped that the mapping is sufficient for review at a series of public open houses to then be held throughout the summer months. This memo was prepared by Nick McDonald following the meeting held on April 9, 2002. Please report any errors or omissions to Nick McDonald within five days of the receipt of this memorandum. If there are any questions or issues requiring clarification, please contact me. Yours truly, Nick McDonald, MCIP, RPP Partner NM/jrw ., Page 5 113 Collier Street, Barrie, Ontario L4M 1 H2 Phone: (705) 737-4512 Fax: (705) 737-5078 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE \ \ t .. '; \ Q' , \ I..-"! ' , I ' BY-LAW NO. 2002-042 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND LINK EMPLOYEE ASSISTANCE PROFESSIONALS INC. WHEREAS the Municipal Act, R.5.0. 1990, c.MAS, Section 207, Subsection 48, as amended, provides that municipalities may enter into agreements for the payment of health insurance expenses; 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 LINK Employee Assistance Professionals Inc.; 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 LINK Employee Assistance Professionals 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 13TH DAY OF APRIL, 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 LINK r, \ t\ LA' Y EMPLOYEE ASSJST ANCE PROFESS]ONALS JNC. AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM _.__.~---_. PROGRAM CLIENT NUMBER: 10177 PROGRAM CLIENT NAME: The Corporation of the Township of Oro-Medonte PROGRAM EFFECTIVE DATE: May 1,2002 PROGRAM DESCRIPTION: Premier INITIAL TERM: Two Years EXPIRY DATE: April 30,2004 DEFINITIONS: "Program Client" wherever used in this agreement means the company who employs the individuals covered by the EAP Program. "The Company" wherever used in this agreement means the service provider LINK EMPLOYEE ASSISTANCE PROFESSIONALS INC. "EAP Program" wherever used in this agreement means all services agreed to by the Program Client to be the services provided by The Company during the effective period of this agreement. "Employee" wherever used in this agreement means any individual employed by the Program Client who will use this EAP program. Employee can be full or part-time, depending on the agreement between The Company and the Program Client. "Family" wherever used in this agreement will apply to the employees' spouse (unless separated or divorced) and/or any children under the age of twenty-one and residing at the same place of residence as the employee or under the age of 25 and attending full time college/university. In consideration of the payment in advance of the premium of the amount and in the manner set forth herein, The Company agrees to provide program coverage for certain persons of the Program Client who are designated herein (here after called employees) for whom application is made by the Program Client. All periods of time under this agreement begin and end at 12:01 a.m. Standard Time, at the address of the Program Client. Township ofOro-Medonte Contract 10177 (2) , \ {\-, c~/.J This program may be renewed only with the consent of The Company for further consecutive terms upon payment of the premium at the rate and in the amount ---d eteFmined ,. by-T-he-Gompany-at-tRe-time-of-r€newa1~-he-f~r-st-day-of--eaGfl-suGh-t-er-fFl- shall be the premium due date. All subject to the provisions on the following pages which together with this page shall constitute the agreement. In witness whereof, The Company and the Program Client have caused this agreement to be executed by their authorized representatives. LINK Employee Assistance Professionals Inc. (The Company) Authorized Signature Title The Corporation of the Township of Oro-Medonte (The Program Client) Neil Craig Mayor Marilyn pennycook Clerk Dated at Oro this day of ,2002 Township ofOro-Medonte Contract J0177 (3) PREMIER PROGRAM Attached to and forming part of Agreement for Program Client number: 10177 ------...----.- -_._-_..~-_.~-_. Rate per employee per month $3.17 Counselling sessions per employee Unlimited - access to 24-hour crisis telephone line - in person assessment - referral as necessary to specialist - post counselling follow-up - four newsletters per year - identification cards and introduction information - initial employee and management introduction seminars - posters for use in workplace Agreement to define employee as: all full and part-time employees only. all full and part-time employees and their immediate family members. all full time employees only. X all full time employees and their immediate family members Township ofOro-Medonte Contract 10177 ; \ l.\ () ,lr\ " DEFINITIONS OF PROGRAM TERMS , , \ , , (4) 24 HOUR CRISIS LINE Employee may call this toll free (800) number at any time, 24 hours per day, seven days per week. The-line-wm--be-.answered--by-a-GGuflseUor-whG-wjJUisten-to-~be-pr.eserrting-pr.oblem,- intervene if an immediate crisis is present, offer direction to community resources at the employee's location, or arrange for an in person assessment at the earliest time possible depending on the counsellors evaluation of the seriousness of the problem. IN PERSON ASSESSMENT If referred for personal assessment the employee (or immediate family member) will be seen by a certified counsellor whose training and experience in assessment meets the criteria of LINK EAP. This counsellor will be either an employee of the Company or one contracted in that area for such services. REFERRAL If, after assessment, the counsellor feels the individual will benefit from receiving counselling sessions, said counsellor will arrange for such services. If the counsellor feels that the employee needs could be best met by his/her self then the counsellor will be retained. In the event that another counsellor in a different field would best meet the employee's needs then a referral would be made. The assessment counsellor will continue to monitor the employee's progress to assure that needs are being met. NUMBER OF COUNSELLING SESSIONS The number of sessions is determined by the agreement between the Program Client and The Company (see page 3). Additional hours of counselling may be necessary in order to meet the employee's needs. Cost of extra hours would be met solely by the employee or supplemented by the Program Client and will be at the rate set in Schedule" A". In the event of the latter this would be negotiated after written permission has been given by the employee. Determination of the need for additional hours will be made on a case basis after consultation between the primary counsellor and the Company Program Director. The number of counselling sessions agreed to on the Premier plan will include no more than one legal and two financial counselling sessions per problem. POST COUNSELLING FOllOW-UP Any employee that has completed a counselling session will be contacted by the Company selected counsellor at a time approximately 3 months after completion of sessions to ensure that the goals of the session were met. As always, each employee's needs will be considered individually and the Company may elect to have additional follow-ups done at its expense. Additional follow-up schedules can be negotiated by Program Client with the Company and be listed on Schedule "B" which becomes a part of this agreement. NEWSLETTERS Newsletters will be sent to the Program Client at intervals of every three months. Premier, Fee for Services and Access program clients will receive one for each employee served by the agreement (not family members). The Program Client will be asked to distribute these through their own system. Other Program Clients will receive office copies for on site circulation. Township ofOro-Medonte Contract ]0]77 (5) \ U 0/1,,; ! \.J IDENTIFICATION CARDS Will be issued by The Company to all employees of the Program Client, and to family members where they are included in coverage, within 30 days of the completion of this agreement. ---~. INTRODtJCTION-S1:-M1NA-RS The Company agrees to present seminars to the management and employees of the Program Client as defined in the Application. Generally these seminars will cover the services available, the general need for such services within the business sector, how to access services and the rights of those seeking such services. POSTERS FOR WORKPLACE The Company will provide posters for display in the workplace. Such posters will encourage use of LINK EAP services in a friendly manner and carry the 800-toll free phone number. RATE CONDITIONS The Company guarantees the rates quoted for the duration of this contract, however, The Company reserves the right to re-negotiate the rates after the first 90 days of providing the agreed upon services when the experience overtly exceeds established norms. Should this occur the Program Client has the right to immediately cancel the contract without further notice should they not wish to enter re-negotiations. GST GST is payable on all premiums plus any additional billable services whether covered by the plan or other. CONFIDENTIALITY The Company makes all efforts to maintain confidentiality in all respects to contact with an employee seeking assistance. At no time will names of those contacting The Company in any way be released to any individual or organization unless proper written permission is received from the employee. It is also understood that the nature or reasons for contact with The Company will not be divulged on an individual basis, although such information may be submitted to the Program Client in the form of anonymous overall statistics. The Company also assures that all counselling and assessment appointments made by The Company will be scheduled in such a way as to avoid contact by fellow employees at the counselling places. COUNSELLOR QUALIFICATIONS The Company agrees to use only Licensed, Certified or Registered Counsellors. "License, certified or registered" means licensed, certified or registered to practice the profession by the appropriate authority in the jurisdiction in which the care or services are rendered; or where no such authority exist, having a certificate of competency from the professional body which regulates the particular profession. CONTINUATION OF COVERAGE In the event of, disability, maternity leave, leave of absence, lockouts, temporary layoffs or settlement options, coverage can be continued by the Program Client by continuing to pay the appropriate premiums for a period of up to six months, or longer on approval of The Company. Township ofOro-Medonte Contract 10177 (6) TERMINATION OF COVERAGE An employee's coverage under this agreement shall terminate on the earliest of: a) the last day of the month for which the current rates have been paid in respect of the employee; ;0:'"'" ~.,. b) the last day of the month in which the employee ceases to actively employed by the employer and listed as a member of an eligible class. c) the last day of the month in which the employee attains age 70 d) the termination of this agreement. CANCELLATION OF THIS AGREEMENT This agreement may be cancelled by either party upon 90 days written notice or any action by either party that constitutes an act of bankruptcy. However, where the program is cancelled by the Program Client, the Program Client agrees to be responsible for any counselling sessions in progress at the time of cancellation, and agrees to pay the company for any sessions conducted after the date of cancellation up to a maximum of five sessions and/or a maximum of ninety days, at the rate stated in Schedule "A". RATE PAYMENTS The rates with respect to the services provided under this agreement are payable monthly on the first day of the month to The Company. The total amount due is the sum total of the monthly rates for all covered Employees on the due date, based on the monthly rates established by The Company. A fifteen day period of grace commencing from the rate due date, shall be allowed for payment of the rates due under the terms of the agreement, except for the first which must be paid on the date this agreement is signed and this agreement shall remain in force during such period. If the rates are not paid by the end of the period of grace, this agreement may be terminated immediately by The Company. The Company shall have the right to recover the premium due for the period of grace up to and including the date of such termination, plus any counselling fee incurred by The Company, during or after such period, in order to complete any counselling in progress. AMENDMENT AND RENEWAL OF AGREEMENT This agreement may be amended at anytime with the written consent of The Company. However, any change which alters or modifies a provision or service herein, except with respect to change in rates, must be in writing signed by a Senior Executive Officer of The Company. The coverage evidenced by this agreement may be renewed automatically from year to year, upon payment and receipt of the current rates as determined by The Company. No agent or representative of The Company has authority to change this agreement, waive any of its terms or conditions, or to make representations or undertakings not expressed herein. RATE CHANGES AND NOTICE OF CHANGE At the end of any rate guarantee period or annually thereafter, The Company may change the rate based on the experience of the group plan. The Company also reserves the right to change the rates, if, after the effective date of this agreement, the agreement is amended to increase, decrease or terminate services or any portion thereof, at the request of the Program Client. Written notice of any change in rates shall be given to the Program Client by The Company at least thirty days prior to the effective date of such change. Township ofOro-Medonte Contract 10177 (7) . \ i /\. 1 '0 U I. t NOTICE \ Any notice to the Program Client will be given by ordinary mail to the address shown on the program application. Unless written notice has been given to LINK by pre-paid certified post of change thereof; in which event the notice shall be sent to the new address as notified. Notice of termination. _oLoLaDy_c.b.a.n~l~LinJb~....LaJ.~ts_or terms and conditions.of this agreement will pEt____ given by pre-paid certified post, or by any other means of direct delivery. If notice is given by mail, it will be deemed to have been delivered five working days following the date of mailing. SCHEDULE "A" Pursuant to the agreement between The Company and the Program Client 10177 of which this schedule is attached to and is a part thereof the parties agree that: a) All counselling provided by The Company in excess of that provided for under the terms of the program agreed upon shall be at the rate of $95 per hour. b) All counselling provided by The Company under the Fee for Service Program will be at the rate provided for in "a)' above and will be limited to sessions, except where the Program Client has given written consent for a specific employee to have a specific number of additional session. c) Any counselling services provided in addition to the agreed upon number provided for in the Premier or Access Programs will be at the employee's expense except where the Program Client has given written consent for a specific employee to have a specific number of additional sessions, which sessions shall be at the rate stated in "a)" above. Township ofOro-Medonte Contract 10177 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-048 ----.----.-.-------.----^ BEING A BY-LAW TO PROVIDE AN EXEMPTION FROM TAXATION TO THE ROYAL CANADIAN LEGION BRANCH 619 WHEREAS section 207 Paragraph 62 of the Municipal Act, R.S.O. 1990, Chapter MAS as amended provides for exempting from taxation, except for local improvement and school purposes, for a period not exceeding ten years, any premises actual1y used and occupied as a memorial home, clubhouse or athletic grounds by persons who serve in the armed forces of Her Majesty or Her Majesty's al1ies in any war; AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte deems it desirable to pass a by-law to provide such an exemption; NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte enacts as fo11ows: 1. That an exemption from taxation for lower-tier purposes be provided to the Royal Canadian Legion Branch 619 for the taxation years 2002 and 2003. 2. That this by-law shall come into fu11 force and effect on its final passing thereof. BY -LAW READ A FIRST AND SECOND TIME THIS 1 st DAY OF MAY, 2002. BY-LA W READ A THIRD AND FINAL TIME THIS 1st DAY OF MAY, 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE MA YOR, J. NEIL CRAIG CLERK, MARILYN PENNYCOOK THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE \ l\ C / \ SITE PLAN CONTROL BY-LAW NO. 2002-050 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement Between Heidi's R.V. ,$ales and The Corporation of the Township of Oro-Medonte, described as lands as follows: Pt. W. % Lot 20, Cone. 11 (formerly Township of Oro), Being Part 1, 51 R30235, Being all of PIN #58547-0129 (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 1st DAY OF MAY, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY, 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook . , , "" ....".~ \. " ,; APPENDIX "8" SITE PLAN AGREEMENT - between - HEIDI'S R.V. SALES - and - THE CORPORATION OFTHE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS pt. W Y:z Lot 20, Concession 11 (Formerly Township of Oro) Being Part 1, 51 R-30235 Being all of PIN #58547-0129 (Lt) March, 2002 By-Law No. 2002- TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE /4c-~ 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" 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 fi-{c-3 SITE PLAN CONTROL AGREEMENT life 1/ - t-f. I 'J This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. 2002, in BETWEEN: HEIDI'S R.V. SALES 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 commercial parking lot on lands described in Schedule "An, 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 1'-(-(-5 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "An, 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 works "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 TransferlDeeds 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 commercial parking lot 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 3. DEVELOPMENT RESTRICTIONS /' , l.../- r f_ f i ~ -W '" The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following tenns 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, all applicable Provincial and Federal legislation, and also including the Federal fisheries, and such parking areas, loading and acce~s areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed as in Schedule "B", attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be pennitted 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. f) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B", as soon as weather permits and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto unless and until such changes have been approved, in writing, by all Parties. 5 lyc-7 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: a) Cash in the amount of Four Thousand Dollars ($4,000.00), as approved by the Site Plan Committee and Township Council, or. b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs ofthe 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 altemative 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 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 retum 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) days 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. 6 8. BINDING EFFECT /'1c-g 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 "An, 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. 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 ) ~~ ) Ownef: HEIDI'S R.V. SALES ) ) Urs Buechin ~~ ) ,/~ ) Owner: ) ) Liliane Buechin ) ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) ) ) Acting Mayor, J. Neil Craig ) ) ) ) Clerk, Marilyn Pennycook SCHEDULE "A" I c.) r -(:f (\. i NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales. LEGAL DESCRIPTION OF LANDS Pt. W"h Lot 20, Concession 11 (Formerly Township of Oro), being Part 1, 51 R-30235, Township of Oro-Medonte, County of Simcoe, being all of PIN #58547-0129 (Lt). "" ) 8 NOTE: SITE PLAN SCHEDULE "B" /1( -10 It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. " 9 ILjc-11 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 Heidi's R.V. Sales. 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 111 ) 10 SCHEDULE"D" lL(c-!d-.. NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. $4,000.00 ~ , 11 \ \L\ c} THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-053 ,/ Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte and Horseshoe Valley Lands Ltd. (Horseshoe Highlands Development) 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 being Part of Parcel 1- 8, Section 51-0ro-4, being Part of Lot 2, Concession 4, designated as Parts 5, 6, 7 and 16 on Plan 51 R-30780, Township of Oro-Medonte (formerly Township of Oro) and Secondly: Part of Parcel 1-21, Section 51-0ro-3, being Part of Lots 1 and 2, Concession 4, designated as Parts 2,8,10,13,14,18,19 and 20 on Plan 51R-30780, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe. . '" , NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A", be registered on title against the lands described therein; 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent owners of the land; 3. That this By-Law shall come into force and take effect on the final passing thereof. By-Law read a first and second time this 1st day of May, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE j " ~ "" Mayor, J. Neil Craig Clerk, Marilyn Pennycook