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08 11 2004 Sp Council Agenda TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, AUGUST 11,2004 TIME: IMMEDIATELY FOLLOWING COMMITTEE OF WHOLE MEETING .... .......................................................................................................... .............. 1. OPENING OF MEETING BY THE MAYOR 2. ADOPTION OF AGENDA 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- IN ACCORDANCE WITH THE ACT" 4. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Special Council Meeting of July 13, 2004. b) Minutes of Special Council Meeting of July 14,2004. c) Minutes of Public Meeting of July 19, 2004 (Proposed Plan of Subdivision Application - Thatcher). 5. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting held on July 14, 2004. b) Recommendations of Committee of the Whole meeting held August 11, 2004. 6. IN-CAMERA: None. .. 7. BY-LAWS: a) By-law No. 2004-058 A By-law to authorize the transfer of an easement in favour of Bell Canada. b) By-law No. 2004-081 A By-law to Provide for the Giving of Names to Highways within the Township of Oro-Medonte, County of Simcoe (Draft Plan of Subdivision, 43T-90046 [Houben], Concession 10, Lot 10,912 Old Barrie Road East, Hawkestone). c) By-law No. 2004-086 A By-law to provide for the erection of stop signs at intersections. d) By-Law No. 2004-087 A By-law to Deem Certain Plans of Subdivision or Parts thereof not to be registered Plans of Subdivision within the Meaning of the Planning Act R.S.O. 1990 c. P. 13, As Amended. e) By-Law No. 2004-088 A By-law to Authorize the Execution of a Memo of Understanding of The Simcoe County Land Information Network Cooperative (LlNC) to Facilitate the Sharing of Spatial Data Between Public and Private Sector Agencies within Simcoe County. '" f) By-Law No. 2004-090 A By-law to authorize the sale (transfer) of surplus land to Huronia Homes Ltd., Part of Block 35, M-676, Part of Lots 35 and 36, Concession 1 (Bidwell Road) more particularly described as Parts 14,16,17,18,20,21 and 22, Plan 51R-16674, Township of Oro-Medonte, County of Simcoe. g) By-Law No. 2004-091 A By-law To Amend By-law No. 2004-65 (A By-law to Adopt the Estimates of all Amounts required during the Year and For Levying the Tax Rates for the Year 2004). h) By-law No. 2004-092 A By-law to Authorize the Execution of a Site Plan Control Agreement between the Corporation of the Township of Oro- Medonte, and Horseshoe Valley Resort Ltd./New Millennium Homes Limited. i) By-law No. 2004-093 A By-law to Authorize the Execution of an Amendment to an Agreement between the Township of Oro-Medonte and Her Majesty, The Queen in Right of Ontario, as represented by the Minister of the Municipal Affairs and Housing. 8. CONFIRMATION BY-LAW NO. 2004-89 9. ADJOURNMENT # THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Ltc PUBLIC MEETING Re: Proposed Plan of Subdivision Application (Thatcher) July 19,2004 @ 7:04 p.m. at the Municipal Council Chambers of the Township of Oro-Medonte Present: Mayor J. Neil Craig Deputy Mayor Harry Hughes Councillor Dan Buttineau Councillor Ralph Hough Councillor John Crawford Councillor Ruth Fountain Regrets: Councillor Paul Marshall Staff Present: Andria Leigh, Senior Planner; Janette Teeter, Clerk's Assistant Also Present: John Miller, Dennis McKee, Jerry Jorden, Jeff McCuaig, Craig Drury, Mel Coutanche, Lisa Truax, Ted Pickard, Walter Dickie, Arlene Plaxton, Drew Plaxton, Paul Jordan Mayor J. Neil Craig called the meeting to order and explained the public meeting is to obtain public comments on a proposed plan of subdivision application. Notice of the Public Meeting was mailed to landowners within 120m of the specified site on June 30,2004 and posted on a sign on the subject property on July 5, 2004. The following correspondence was received at the meeting: Simcoe County District School Board dated July 5,2004; Simcoe Muskoka Catholic District School Board dated July 13, 2004; Nottawasaga Valley Conservation Authority dated July 15, 2004. ... Andria Leigh, Senior Planner provided an overview of the proposed plan of subdivision application. Jerry Jorden, provided an overview of the proposed plan of subdivision application. The following persons offered verbal comments with respect to the proposed plan of subdivision application: Walter Dickie, Lisa Truax; Arlene Plaxton. There being no further comments or questions, the meeting adjourned at 7:36 p.m. A tape of the meeting is available for review at the Township Administration Centre, 148 Line 7 South. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 1Ct BY-LAW NO. 2004-058 A By-law to authorize the transfer of an easement in favour of Bell Canada WHEREAS the Municipal Act, S.O. 2001. c 25, Section 268, as amended, authorizes the Council of a Municipality to pass by-laws establishing procedures governing the sale of land; AND WHEREAS the Township of Oro-Medonte did enact By-law No. 2004-078, on July 14,2004, being a by-law to amend By-law No. 2003-125, being a by-law to establish a procedure governing the sale of land; AND WHEREAS easements over municipally owned lands, as approved by Council, are exempt from the procedure governing the sale of land, pursuant to By-law No. 2004- 078; AND WHEREAS Council of the Township of Oro-Medonte deems it appropriate to grant an easement to a telephone company; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. The Municipality hereby authorizes the granting of an easement in favour of Bell Canada, upon the terms and conditions set out in the Transfer of Easement attached hereto as Schedule 'A'. The easement shall be restricted to the lands owned by the Municipality and described as follows: Part of Lot 4, Concession 1 EPR being Part of Parts 1 and 2 on Plan 51R26154, being more particularly described as Parts 1 and 2 on Plan 51 R-32330 (geographic Township of Oro ), Township of Oro-Medonte, County of Simcoe. 2. That the Mayor and Clerk be and are hereby authorized to execute all such documentation as may be required to give effect to the foregoing. 3. This by-law shall come into force and take effect upon the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 11TH DAY OF AUGUST, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE .... Mayor, J. Neil Craig Clerk, Marilyn Pennycook SCHEDULE "A" TO BY-LAW 2004-058 \ A\......) ""I} ~ LRO # 51 Transfer Easement In preparation on 2004 07 20 yyyy mm dd at 10:04 This document has not been submitted and may be incomplete. I Properties PIN Page 1 of 3 Description 58553 - 0012 LT Estate/Qualifier Fee Simple (Easement) PT L T 4 CON 1 EPR ORO PT 1 & 2, 51R26154; BEING MORE PARTICULARLY DESCRIBED AS PARTS 1 AND 2 PLAN 51 R-32330 srr OR012857; ORO-MEDONTE ORO-MEDONTE o Add Easement Address I Consideration Consideration $ 10,000.00 I Transferor(s) The transferor(s) hereby transfers the easement to the transferee(s). Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Acting as a company 148 Line 7 S Box 100 Oro Ontario LOL 2XO Address for Service I, , have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party. I Transferee(s) Capacity Share Name BELL CANADA Acting as a company 2nd Floor 136 Bayfield St Barrie Ontario L4M 3B1 Address for Service I Statements Schedule: See Schedules I Calculated Taxes Retail Sales Tax Land Transfer Tax $0.00 $50.00 7Cf)-3 Instr~ment Statement, 61 Page 2 of 3 SCHEDULE 968-C/E(04-03) WHEREAS the Transferee is the owner in fee simple of those lands and premises (the "Transferee's lands") being composed of Parts of Town Lots 5 and 6 on the North side of Adelaide Street West according to the Plan of the Town of York and designated as Parts 1 and 2, Plan 63R-545, City of Toronto. WHEREAS the Transferor is the owner in fee simple of lands described as Part of Lot 4 Concession 1 EPR being parts 1 and 2 Plan 51R-32330 Township of Oro-Medonte County of Simcoe THE TRANSFEROR grants and transfers to the Transferee, its successors and assigns to be used and enjoyed as appurtenant to the Transferee's lands, a free and unencumbered easement (the "Easement") in perpetuity upon, over, in, under and across lands more particularly described in box 5 on Page 1 attached (the "Easement Lands") : 1. the right to construct, operate, maintain, repair, replace, renew, or make additions at all times to telecommunications facilities (the "Facilities") or any part thereof forming part of continuous lines between the Transferee's lands and other lands including, without limitation, all necessary buried cable and wires, conduits, conduit structures, maintenance holes, appropriate foundations containing all components connecting to the Transferee's network, underground vaults, cabinets, grounding wells, markers, fixtures, equipment, and all appurtenances thereto, provided that none of these Facilities shall be in excess of three metres in height. 2. the right of free and unimpeded access at all times to the Transferee, its contractors, agents, employees, vehicles, equipment, and supplies to and over the Easement Lands. 3. the right of free and unimpeded access at all times to the Easement Lands from and over the Property or abutting road allowances or abutting rights of way for the purpose of exercising the rights hereby granted. 4. the right to remove, trim, sever, or fell any obstructions such as trees, roots, brush, stumps, boulders or rock encountered during the course of construction or subsequent maintenance of the Facilities. THE TRANSFEROR shall have the right to fully use and enjoy the Easement Lands provided that without the prior written consent of the Transferee, such consent not to be unreasonably withheld, the Transferor shall not place any buildings or other structures or dig, drill, pave or excavate within the Easement Lands. THE TRANSFEREE shall: 1. be responsible for any damage caused at any time by its agents or employees to the Property. When practical, the Transferee, after any of its activities, shall restore the Property appropriately. The subsequent maintenance of the Property shall be the responsibility of the Transferor. ,. 2. indemnify and save the Transferor harmless from all actions, causes of actions, suits, claims and demands of every nature and kind whatsoever which may be made against the Transferor relating to or arising out of the placement of the Facilities by the Transferee and for which the Transferee, in law, is responsible. 3. be responsible for any portion of property taxes increased as a direct result of this Easement and/or the Facilities. 4. ensure that the Facilities adhere to applicable government noise regulations. NOTWITHSTANDING any rule of law or equity and even though any of the Facilities may become annexed or affixed to the Easement Lands, title to the Facilities shall nevertheless remain in the Transferee. THIS AGREEMENT including all rights, privileges, and benefits herein contained shall extend to, be binding upon, and enure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors, and assigns. iq Instr~ment Statement, 61 Page 3 of 3 THE TRANSFEREE, in the event it grants a release of Easement, may abandon the Facilities annexed/affixed to the Easement Lands at its option. In ttje matter of the conveyance of: "tA~u TRANSFER TAX STATEMENTS 58553 - 0012 PT LT 4 CON 1 EPR ORO PT 1 & 2, 51R26154; BEING MORE PARTICULARLY DESCRIBED AS PARTS 1 AND 2 PLAN \ 51R-32330 srr OR012857; ORO-MEDONTE J t:1 )... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BELL CANADA BY: TO: %(all PINs) 1. KEVIN DINSMORE lam o (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; o (b) A trustee named in the above-described conveyance to whom the land is being conveyed; o (c) A transferee named in the above-described conveyance; o (d) The authorized agent or solicitor acting in this transaction for BELL CANADA described in paragraph(s) (c) above. o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for _ described in paragraph(s) U above. o (f) A transferee described in paragraph ( ) and am making these statements on my own behalf and on behalf of _ who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to. o (g) A transferee described in paragraph ( ) and am making these statements on my own behalf and on behalf of _ who is my same-sex partner described above in paragraph(s) U. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) (ii) Given Back to Vendor (c) Property transferred in exchange (detail below) (d) Fair market value of the land(s) (e) Liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (1)) (h) V AWE OF ALL CHATTELS - items of tangible personal property (i) Other considerations for transaction not included in (g) or (h) above 0) Total consideration 6. Other remarks and explanations, if necessary. 1. e) Other: transfer of easement for a utility line as defined in the ontario energy board act 1998 PROPERTY Information Record A. Nature of Instrument: Transfer Easement LRO 51 Registration No. Date: B. Property(s): PIN 58553 - 0012 Address ORO-MEDONTE Assessment RoUNo C. Address for Service: 2nd Floor 136 Bayfield St Barrie Ontario L4M 3B1 D. (I) Last Conveyance(s): PIN 58553 - 0012 Registration No. (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes 0 No 0 Not known 0 10,000.00 0.00 0.00 0.00 0.00 0.00 0.00 10,000.00 0.00 0.00 10,000.00 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-081 76) Being a By-law to Provide for the Giving of Names to Highways within the Township of Oro-Medonte, County of Simcoe (Draft Plan of Subdivision, 43T-90046 [Houben], Concession 10, Lot 10, 912 Old Barrie Road East, Hawkestone) WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, Section 11 (1) authorizes a municipality to pass by-laws with respect to highways. WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, Section 47 provides that the naming of a highway or changing the name of a highway, a municipality shall give public notice of its intention to pass a by-law to name a highway. WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, Section 61(1) provides that the Municipality may enter upon land lying along a highway to install and maintain a sign setting out the name of a highway. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the highways located within Draft Plan of Subdivision, 43T -90046, Concession 10, Lot 10, 912 Old Barrie Road East, Hawkestone, shall, on the day this by-law takes effect, be named as listed: i. Houben Crescent ii. Key Court 2. That the names for the public highways "Houben Crescent" and "Key Court" shall be affixed at every affected intersection thereof on public property. Where it is not practical to affix the name on public property, it shall be affixed on private property. 3. That this By-law shall come into force and take effect on the date of final passing thereof. By-Law read a first and second time this 11th day of August, 2004. By-Law read a third time and finally passed this day of ,2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook --I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LA W NO. 2004-086 Being a By-law to provide for the erection of stop signs at intersections. WHEREAS Section 137 ofthe Highway Traffic Act, R.S.O. J990, as amended, provides that the Council of a municipality may by by-law, provide for the erection of stop signs at intersections on highways under its jurisdiction and every sign so erected shaH comply with the regulations of the Ministry. NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte enacts as follows: 1. That stops signs be erected at the intersection of highways listed and described on Schedule "A" attached and set out as Column 1 "sign located on", Column 2 "direction oftraveJ" and Column 3 "at intersection of'. 2. That yield signs be erected at the intersection of highways listed and described on Schedule "B" attached and set out as Column J "sign located on", Column 2 "direction of travel" and CoJumn 3 "at intersection of'. 3. That Schedule "A"& "B" attached hereto forms part of this By-Jaw. 4. That the penalties provided in the Highway Traffic Act shall apply to offenses against this By-Jaw. 4. That each designation made by Sections J & 2 shaH not become effective untiJ signs have been erected in accordance with the regulations of the Highway Traffic Act. 5. That this by-law shall come into force and take effect on the date of its final passing. Read a first and second time this 11th day of August, 2004. Read a third time and finally passed this day of ,2004. THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Penny cook 8 Schedule "A" to By-law No. 2004-086 C\ ,j Sign Located on Direction of Travel At Intersection of 15/16 Sideroad East Line 7 East 15/16 Sideroad West Line 7 West 15/16 Sideroad West Line 3 North 20/21 Sideroad East Line 2 North 30/31 Sideroad West Line 2 North 30/31 Sideroad East Line 1 North 30/31 Sideroad West Line 1 South Lakeshore Road North(from Lakeview) Lakeshore Road Alberta Avenue East Bass Line Algonquin Trail North Huronwoods Drive Alaonouin Trail South Huronwoods Drive Alpine Drive South Slalom Drive Alpine Drive West Line 7 North Alpine Way North Hiohland Drive Alpine Way East Line 4 North Annwood Copse West Paisley Court Barbara Avenue North Lakeshore Road Barbara Avenue South Lakeshore Road Bards Beach Road West Bass Line Barr Avenue West Line 15 North Barrie Terrace West Georgian Drive Barrie Terrace East Colbourne Street Bass Lake Sideroad East Line 8 North Bass Lake Side road West Line 8 North Bass Lake Sideroad West Line 7 North Bass Lake Sideroad East Line 7 North Bass Lake Sideroad West Line 2 North Bassarab Place East Leiah Road Bay Street East Line 2 South Bay Street West Line 2 South Beechwood Road East Maplecrest Court Bell Lane North Church Street Bell Lane Bell Lane South Bay Street Bickell Road West Line 14 North Birch Grove Drive East Country Club Lane Birch Grove Drive West Horseshoe Entrance Birch Road West Line 13 North Blackcomb Drive East Medonte Sideroad 2 Blackman Boulevard North Campbell Avenue Blackman Boulevard South Stanley Avenue Blackman Boulevard North Stanlev Avenue Blueberry Marsh Road West Scarlett Line Bluehaven Drive North KennedY Ave Blueridge Parkway North Maplewood Parkway Brambel Road East Line 4 South Bridle Path South Alpine Way Broadview Avenue West Bass Line Broadview Avenue West Ward Avenue Brook Street West O'Brien Street Bunker Place North Alpine Way Burnet Street South Warminster Sideroad Campbell Avenue South Stanley Avenue Campbell Avenue North Kennedy Avenue Cayuga Court West Huronwoods Drive Cedarbrook Crescent East Line 11 South Charlotte Avenue South Owen Road Cherry Trail West Line 6 North Cherry Trail South Sugarbush Road Chestnut Lane East Nordic Trail Church Street East Line 2 South Claremont Crescent West Line 14 North Cook Lane East Line 14 North Coventry Court West Elvvn Crescent Crawford Street North Lakeshore Road Dale Court West Valley Crescent Devitt Street West Line 15 North Dicker Lane North Lakeshore Road Dorothy's Drive West Line 10 South Dorothy's Drive East Campbell Avenue 2 Schedule "A" to By-law No. 2004-086 Sign Located on Direction of Travel At Intersection of Dorothy's Drive West CamobeJl Avenue Dorothv's Drive East Stanlev Ave Drurv Mill Road West Line 2 North Duncan Drive East Line 8 North Duncan Drive South Aanes Street Dunn's Line North Foxmead Road Dunn's Line South Foxmead Road Eady Station Road East Line 11 North Eady Station Road West Line 10 North Edith Drive North Lakeview Drive Edith Drive South Lakeview Drive Edith Drive North Price Drive Eight Mile Point North Lakeshore Road Ellen Drive West Line 8 North Elm Court South Howard Drive Elvvn Crescent South Lakeshore Road Fairvallev Church Road East Line 11 North Fairwav Court North Hiahland Drive Fairway Court East Fairwav Court Feraushill Road North Lanaman Drive Forest Plain Road South Paterson Drive Forestview Road South Jamieson Drive Forestwood Lane North Lakeshore Road Forrester Road West Line 3 South Foxmead Road West Anderson Line Foxmead Sideroad East T ownline Frankco Street West Leiah Road Ganton Road West Line 15 North George Street North Howard Drive Georae Street West Elvvn Crescent Georaian Drive East Richelieu Road Georaian Drive North Chamolain Crescent Glacier Crescent South Slalom Drive Glacier Crescent East Aloine Drive Glenarove Avenue West Jov Avenue Gore Road East Line 1 South Gowan Road North William Street Graham Street East Soencer Trail Graham Street West Gowan Road Grandview Crescent West Lakeshore Road East Grandview Crescent West Lakeshore Road East GreenGables Drive North Charlotte Avenue GreenGables Drive South Owen Road Greenshield West Nevis Ridae Drive Greenwood Avenue East Line 13 North Guest Road West Line 6 South Hawthorn Place South Bass Lake Sideroad Heoinstall Place West Orsi Drive Hepinstall Place East Bass Lake Sideroad Hickorv Lane West Line 6 North Hickorv Lane West Line 6 South Highland Drive East Line 4 North Highland Drive West Line 3 North Hillside Court West Vallev Crescent Hlynka Place East Leiah Road Hollick Crescent West 4tn Line Howard Drive West Elvvn Crescent Howard Drive South Shelswell Boulevard Humminabird Hill Road West Scarlett Line Huronwoods Drive East Line 6 North Hwv 11 Overoass West Line 3 South Hwv 11 Overoass West Line 3 North Hwv 11 Overpass East Line 5 South Hwv 11 Overoass East Line 5 North Hwv 11 Overpass North Line 11 North Hwv 11 Overpass West Line 7 North Hwv 11 Overoass West Line 7 South Ice Road North Lakeshore Road East Indian Road East Memorial Crescent Indian Road West Memorial Crescent Ingram Side road East Line 8 North 3 \ C) Schedule "A" to By-law No. 2004-086 Sign Located on Direction of Travel At Intersection of Ingram Sideroad East Line 6 North Ingram Sideroad West Line 6 South Ironwood Trail South Huronwoods Drive Iroquois Ridae North Huronwoods Drive Jamieson Drive West Line 15 South Jamieson Drive East Forest Plain Road Jane Street West Line 14 North Jermey Lane West Line 9 South Jermey Lane East Nevis Ridge Drive John Moon Road West Woodland Drive John Moon Road East Moon Point Drive John Street East Allen Street John Street West Line 11 South JOY Avenue South Broadview Avenue Karpatian Place East Leiah Road Kennedv Avenue West Line 10 South Kirkpatrick Street South Lakeshore Road Kirkpatrick Street North Tudhope Boulevard Lakeshore Road West Line 5 South Lakeshore Road East Line 7 South Lakeshore Road West Line 7 Lakeshore Road West Line 9 South Lakeshore Road East Line 9 South Lakeshore Road West Line 12 South Lakeshore Road West Line 13 South Lakeshore Road West Line 14 South Lakeshore Road East Eight Mile Point Road Lakeview Drive East Edith Drive Lakeview Drive West Edith Drive Lakeview Road East Line 5 South Lakeview Road West Olive Drive Lakewood Court West Line 13 South Lanaman Drive West Line 14 North Leiah Road North Shewchenko Road Line 1 North North Bidwell Road Line 1 North North Ski Trails Road Line 1 North South 20/21 Sideroad Line 1 South South 5/6 Sideroad Line 1 South North 5/6 Sideroad Line 10 East North Warminster Sideroad Line 10 North North 15/16 Sideroad Line 10 North North Bass Lake Side road Line 10 North North Mount Road Line 10 South South Lakeshore Road Line 10 South South 15/16 Sideroad Line 10 South South Bass Lake Sideroad Line 10 South South Mount Road Line 10 West South Warminster Sideroad Line 11 North North 15/16 Sideroad Line 11 North North Bass Lake Sideroad Line 11 North North Mount Road Line 11 South South 15/16 Sideroad Line 11 South South Bass Lake Sideroad Line 11 South South Mount Road Line 12 North North 15/16 Sideroad Line 12 North North Bass Lake Sideroad Line 12 North North Warminster Sideroad Line 12 North North Mount Road Line 12 South South Ridae Road Line 12 South South 15/16 Sideroad Line 12 South South Bass Lake Sideroad Line 12 South South Warminster Sideroad Line 12 South South Mount Road Line 13 North North 15/16 Side road Line 13 North North Bass Lake Sideroad Line 13 North North Warminster Sideroad Line 13 South South Ridge Road Line 13 South South 15/16 Sideroad Line 13 South South Bass Lake Sideroad Line 14 North South 15/16 Side road Line 14 North South Bass lake Sideroad 4 Schedule "A" to By-law No. 2004-086 c s Sign Located on Direction of Travel At Intersection of line 14 South South Lakeshore Road line 14 South South 15/16 SDRD line 2 North South 50/51 Sideroad line 2 North North Mount SI. Louis Road West line 2 North North Ski Trails Road line 2 South South Ski Trails Road line 3 North North Mount SI. Louis Road West line 3 North North Bass lake Sideroad line 3 South South Bass lake Sideroad line 4 North North Mount SI. louis Road West line 4 North South Inaram Sideroad line 4 North North Bass lake Sideroad line 4 North North 15/16 Sideroad line 4 South South Mount SI. louis Road West line 4 South South Bass lake Sideroad line 4 South South 15/16 Sideroad line 5 North North Mount SI. Louis Road West line 5 North North Inaram Sideroad line 5 North North Bass lake Sideroad line 5 North North 15/16 Sideroad Line 5 South South Mount SI. Louis Road West Line 5 South South Bass lake Sideroad line 5 South South 15/16 Sideroad Line 6 North North Mount SI. Louis Road West line 6 North South Monica Court Line 6 North North Bass lake Sideroad line 6 North North 15/16 Sideroad line 6 South North Lakeshore Road line 6 South South Lakeshore Road line 6 South South Mount SI. louis Road West line 6 South South 15/16 Sideroad line 7 North North 15/16 Sideroad Line 7 North South Mount SI. louis Road West line 7 North North Inaram Sideroad line 7 South South 15/16 Sideroad Line 8 North North 15/16 Sideroad line 8 North North Mount SI. Louis Road West line 8 North North Warminster Sideroad Line 8 North North Mount SI. Louis Road line 8 South South 15/16 Sideroad line 8 South South Mount SI. Louis Road West line 8 South South Warminster Sideroad line 8 South South Mount SI. louis Road line 9 North North 15/16 Sideroad line 9 North North Bass Lake Sideroad line 9 South South 15/16 Sideroad little Road North lakeshore Road MacKay Street North Ganton Road Maple Court West Hickorv Lane MaDle Hill Drive South Bidwell Road Maple Hill Drive North Green Mountain Court Maplewood Parkway South Lakeshore Road MaDlewood Parkwav East line 15 South Mariposa Crescent North Kennedv Ave Matilda Street West line 11 South McArthur Street North lakeshore Road McHuah Street North lakeshore Road Mclean Crescent North Eiaht Mile Point Medonte Sideroad 2 South Mount SI. Louis Road Melissa Crescent North William Street Melissa Crescent West line 2 South Melville Court East line 5 North Memorial Crescent South lakeshore Road Memorial Crescent South lakeshore Road Mill Pond Road East line 7 North Mill Pond Road West line 6 North Mitchell Road West lake shore Road Mitchell Road East Grandview Crescent Mohawk Heiohts West Iroquois Riclqe Monica Court West line 6 North Moon Crescent South Ellen Drive 5 Schedule "A" to By-law No. 2004-086 c Sign Located on Direction of Travel At Intersection of Moon Crescent South Ellen Drive Moon Point Drive East Woodland Drive Moonstone Crescent East Slalom Drive Moonstone Crescent East Slalom Drive Mount Road West Scarlett Line Mount St. Louis Road West Line 9 North Mount St. Louis Road East Line 9 South Myrtey Avenue West Charlotte Avenue Napoleon Road West Gore Road Nelson Street East Bass Line Nordic Trail North Alpine Way Old Countv Road East Line 9 North Old Scotia Place South Bass Lake Side road Oneida Avenue West Huronwoods Drive Orillia Road South Lakeshore Road Oro Road North Lakeshore Road Oro Road South Lakeshore Road Orr Farm Road South StaQe Coach Road Orser Drive East Bass Line Orsi Drive East Hepinstall Place Orsi Drive North Sunset Crescent Overpass North 15/16 Sideroad Owen Road West Charlotte Avenue Owen Road West Campbell Avenue Palm Beach Road West Lakeshore Road Parks ide Drive South 9'" Line Parks ide Drive West Lakeshore Road Parkview Avenue South Greenwood Forest Road Paterson Drive East Line 15 South Pemberton Lane East Ranoe Road Peter Street West Line 2 North Peter Street East Line 3 North Peter Street West Line 3 South Peter Street East Line 4 North Peter Street West Line 4 South Peter Street East Line 5 North Peter Street West Line 5 South Peter Street West Line 8 North Peter Street East Line 9 North Pine Hill East Pineridqe Trail Pine Lane West Cathedral Pines Pine Point East Cathedral Pines Pine Sprinqs West Pineridqe Trail Pods Lane South Alpine Way Poqslev Lane East Line 11 South Poplar Crescent East Lakeshore Road Poplar Crescent West Lakeshore Road Preston Street South Robbins Drive Preston Street North Warminster Side road Price Drive West Olive Drive Price Drive East Edith Drive Price Drive West Edith Drive Price Drive West Farminqton Crescent Raikes Street East Line 2 South Red Pine Court West Woodland Crescent Richelieu Road South Warminster Sideroad Robbins Drive East Line 13 North Robinson Street West Mill Street Rose Marie Drive East Campbell Avenue Rosemarie Drive West Line 10 South Ross Road West Line 8 North Saint Antoine Crescent East T eanaustave Drive Saint Antoine Crescent West Teanaustaye Drive Scarlett Line North Mount St. Louis Road West Scarlett Line West Craiq Sideroad School House Road West Line 9 South School House Road East Line 9 South Seneca Lane North Huronwoods Drive Shelswell Boulevard West Elvvn Crescent Shelswell Boulevard East Lakeshore Road Shelswell Crescent East Line 15 North 6 Schedule "A" to By-law No. 2004-086 fC)- Sign Located on Direction of Travel At Intersection of Shewchenko Road East Line 11 South Shoreline Road West Line 13 South Shoreline Road East Lakeshore Road Simcoe Road South Greenwood Forest Road Simcoeside Avenue North Owen Road Simcoeside Avenue South Stanlev Avenue Ski Trails Road East Line 3 North Slalom Drive West Line 7 North Slalom Drive West Line 7 South Small Crescent West Line 13 North Small Crescent North 15/16 Sideroad Snowshoe Trail West Line 7 North Somerset Boulevard East Line 7 South Soohia Street North Lakeshore Road Soohia Street South Lakeshore Road Spencer Trail North William Street Sorinohome Road East Lakeshore Road Staae Coach Road East Anderson Line Stanlev Avenue East Simcoeside Avenue Steele Road North William Street Steele Road South Graham Street Sumac Crescent South Suoarbush Road Sunnvside Avenue North Lakeshore Road Sunnvside Avenue South Lakeshore Road Teanaustave Drive South Mount SI. Louis Road West Toronto Road South Lakeshore Road Tudhooe Boulevard East Rail Trail Drive Tudhope Boulevard East Lakeshore Road Vallev Crescent South Hiqhland Drive Vallev Drive West Aloine Drive Vine Street South Orser Drive Wallis Street South Warminster Sideroad Warminster Road West Line 9 North Warminster Road East Line 9 South Warminster Sideroad East Line 11 North Warminster Sideroad West Line 11 South Warminster Sideroad East Line 10 North Warminster Sideroad West Line 10 South Warminster Side road East T ownline Warminster Sideroad West Line 7 North Whistler Place South Mount Road Windfields Drive West Line 4 South Windfields Drive East Line 5 South Wins tar Crescent West 4'" Line Woodland Crescent South Bidwell Road Woodland Crescent South Bidwell Road Yvonne Crescent West Line 10 South Yvonne Crescent East Camobell Avenue 7 Sign Located on I Line 12 South Schedule "B" to By-law No. 2004-086 Direction of Travel At Intersection of North I Ridge Road 8 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2004-087 BEING A BY.LAW TO DEEM CERTAIN PLANS OF SUBDIVISION OR PARTS THEREOF NOT TO BE REGISTERED PLANS OF SUBDIVISION WITHIN THE MEANING OF THE PLANNING ACT R.S.O.1990 c. P.13, AS AMENDED. WHEREAS it is considered desirable in order to control adequately the development of certain areas within the Township of Oro-Medonte, that certain existing Plans of Subdivision be deemed not to be registered Plans of Subdivision for the purposes of Section 50(3) ofthe Planning Act RS.O. 1990 c. P. 13, as amended. AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has the authority pursuant to Section 50(4) of the Planning Act, RS.O. 1990 c.P. 13, as amended, may by by-law designate any Plan of Subdivision or part thereof, to not be registered Plans of Subdivision for the purposes of Section 50(3) of the said Planning Act RS.O. 1990 c. P. 13, as amended. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS: 1. That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto pursuant to Section 50(4) of the Planning Act RS.O. 1990 c.P. 13, as amended, are hereby deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act RS.O. 1990 c.P. 13, as amended. 2. That Schedule "Au attached hereto forms part of this by-law. 3. This By-law shall come into force and effect subject to the provisions of Section 50(26), (28), and (29) of the Planning Act, R.S.O. 1990, c.P. 13 as amended. BY-LAW READ A FIRST AND SECOND TIME, THIS 11th DAY OF AUGUST 2004. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor - J. Neil Craig Clerk - Marilyn Pennycook SCHEDULE "A" TO BY-LAW 2004-087 The following Registered Plans are situated in the Township of Oro-Medonte in the County of Simcoe: Registered Plan M-8 Registered Plan M-9 Registered Plan M-30 Registered Plan M-31 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2004-088 Being a By-law to Authorize the Execution of a Memo of Understanding of The Simcoe County Land Information Network Cooperative (LlNC) to Facilitate the Sharing of Spatial Data Between Public and Private Sector Agencies within Simcoe County. WHEREAS Section 20(1) of the Municipal Act, S.O. 2001, c.25, as amended authorizes a municipality to enter into an agreement with one or more municipalities or local bodies, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaires; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it expedient to enter into the Simcoe County Land Information Network Cooperative (LlNC) Memorandum of Understanding to facilitate the sharing of spatial data between public and private sector agencies within Simcoe County; NOW THEREFORE, the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the Simcoe County Land Information Network Cooperative (LlNC) Memorandum of Understanding to facilitate the sharing of spatial data between public and private sector agencies within Simcoe County. 2. That Schedule 1, attached hereto, being the Memorandum of Understanding, as to form and content, forms part of this By-law. 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 11h DAY OF AUGUST, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule 1 to By-law No. 2004-088 Page 1 MEMORANDUM OF UNDERSTANDING FOR THE SHARING OF LAND INFORMATION IN THE COUNTY OF SIMCOE This Memorandum of Understanding dated the 18TH day of July, 2003. Between: AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND AND The Corporation of the County of Simcoe The Corporation oftbe Townsbip of Adiala-Tosorontio The Corporation of tbe Town of Bradford West Gwillimburv The Corporation of the Townsbip of Clearview The Corporation of the Town of Collinl!wood The Corporation of the Townsbip of Essa The COl'J)oration of the Town of Innislil The Corporation of tbe Town of Midland The Corporation of the Town of New Tecumseth The Corporation of the Township of Oro-Medonte The Corporation of the Town of Penetanl!uishene The Corporation of the Township of Ramara Tbe Corporation of the Township of Severn The Corporation of the Township of SDrinewater The COrDoration of the Township of Tay The COrDoration of the Township of Tiny The Corporation ofthe Town ofWasal!a Beach Her Maiesty the Oueen Ministrv of Health Her Maiesty the Oueen Ministrv of Natural Resources Environment Canada - Parks Canada Al!.ency (Georeian Bav Islands National Park) The Simcoe County District Health Unit Community Care Access Centre Simcoe County Bell Canada Hvdro One NoHawasaea Valley Conservation Authority Lake Simcoe Reeion Conservation Authority Simcoe County District School Board Simcoe Muskoka Catholic District School Board hereinafter called "the Parties" Schedule 1 to By-law No. 2004-088 July 18, 2003 LINC Memorandum of Understanding Page f~ ~~J ................ This agreement also facilitates additional membership from the fol1owing government agencies: The Corporation of the City of Barrie, and The Corporation of the City of Oril1ia. These terms and conditions for the undertaking of an agreement for the sharing of Land Information in the County of Simcoe are as follows: 1. All the parties understand that they will share information and data bases relating to the geography of the County of Simcoe. 2. All the parties understand that they will maintain and update selected "themes" as mutually agreed to by an of the parties. 3. All the parties understand that they will utilize a coffiIIlon copyright for the core data. In addition the Members acknowledge and agree that the data provided by Bell Canada from time to time hereunder, and all rights, title and interest in and to such data shaH be and remain the exclusive property ofBel1 Canada. 4. AH the parties understand that they will contribute an annual fee to the Corporation of the County of Simcoe for the management of the core data. The fee to be paid wi11 be based on a formula mutua]]y agreed to by al1 of the parties. (This requirement does not apply to the municipalities as they contribute through the municipal levy process). 5. An parties understand that any revenues generated by any of the parties from the sale of digital assessment data shaH be payable to the Corporation of the County of Simcoe and wi]] be distributed among the municipalities in grant form on December 31 of each year. The grant formula will based on the number of parcels per municipality. 6. AH the parties understand that any revenues generated by any of the parties from the sale of digital OBM value added core data shall be payable to the Corporation of the County of Simcoe for the purpose of offsetting the management costs of the program. 7. All the parties understand that the "Rationale to the Memorandum of Understanding for the Sharing of Land Information in the County of Simcoe", attached hereto as Schedule 1, shall constitute the terms of the program. 8. All the parties understand that there are no assurances of accuracy or completeness in the data provided by the Members. The data is acknowledged to 2 , Schedule 1 to By-law No. 2004-088 July 18, 2003 LINC Memorandum of Understanding Page rs~".';' P'I ~, "-!.... be provided on an "as is" basis. It is the recipient Member's sole and exclusive responsibility to verify completeness and accuracy of data. The Members acknowledge and agree that there is no representation, warranty, condition or promise (express or implied, statutory or otherwise) given by any Member as to the completeness, accuracy, reliability, merchantability, fitness for any intended use or purpose, or veracity of any of its data. The recipients Members bears the entire risk of liability, loss, damages, costs, and expenses which may be suffered, sustained or incurred by it as a result of its use of another Member's data. No Member shaH be liable to any Member for indirect, incidental, special, consequential, punitive or exemplary damages arising from or related to this Memorandum of Understanding, whether c1aimed for breach of contract, tort (including negligence), warranty, or any other legal or equitable grounds, even if a Member was advised of the possibility of such damages. 9. All the parties understand that this program is to be for the tenn of three years. 10. AU the parties understand that at the tennination of this program, that the core data bases, relative to the program, will be distributed equaJly among al1 the parties. We, the undersigned, confinn that we are committed to participating in the sharing of land related infonnation coordinated by the Corporation of the County of Simcoe as per the conditions set forth above. The Corporation of the County of Simcoe Warden Clerk Execution Date: The Corporation of the Township of Adjala- Tosorontio Mayor Clerk 3 - Schedule 1 to By-law No. 2004-088 July 18, 2003 LINC Memorandum of Understanding Page 4<'(.... ~) The Corporation of the Town of Bradford West Gwillimbury Mayor Clerk Tbe Corporation of the Townsbip of Clearview Mayor Clerk The Corporation of the Town of Collingwood Mayor Clerk The Corporation of tbe Township of Essa Mayor Clerk Tbe Corporation of the Town of Innisfil Mayor Clerk 4 Schedule 1 to By-law No. 2004-088 July 18,2003 LINC Memorandum of Understanding Page YSirt. .. '(Ij) The Corporation of the Town of Midland Mayor Clerk The Corporation ofthe Town of New Tecumseth Mayor Clerk The Corporation of the Township of Oro-Medonte Mayor Clerk The Corporation of the Town of Penetanguishene Mayor Clerk The Corporation of the Township of Ramara Mayor Clerk 5 Schedule 1 to By-law No. 2004-088 July 18, 2003 LINC Memorandum of Understanding Page ~. ~j) The Corporation of the Township of Severn Mayor Clerk . The Corporation of the Township of Springwater Mayor Clerk The Corporation of the Township of Tay Mayor Clerk The Corporation of the Township of Tiny Mayor Clerk The Corporation ofthe Town ofWasaga Beach Mayor Clerk 6 Schedule 1 to By-law No. 2004-088 July 18,2003 LINC Memorandum of Understanding Page ?~.f.'.T"'" .. .. ;\ \j..;! Her Majesty the Queen Ministry of Health Signing Officer Her Majesty the Queen Ministry of Natural Resources Signing Officer Environment Canada - Parks Canada Agency (Georgian Bay Islands National Park) Chief Park Warden Simcoe County District Health Unit Signing Officer Community Care Access Centre Simcoe County Signing Officer Ben Canada Signing Officer Hydro One Signing Officer Nottawasaga Valley Conservation Authority Chair 7 Schedule 1 to By-law No. . 2004-088 July 18,2003 LINC Memorandum of Understanding Page ~ \.~) CAO Lake Simcoe Region Conservation Authority Chair CAO Simcoe County District School Board Director The Simcoe Muskoka Catholic District School Board Director The Corporation of the City of Barrie Mayor Clerk The Corporation of the City of Orillia Mayor Clerk 8 Schedule 1 to By-law No. 2004-088 July 18, 2003 LINC Memorandum of Understanding Page 9G'~"" da,.\ \(IY "-!:;..; LINC MOU - Schedule 1 RA TJONALE TO THE MEMORANDUM OF UNDERSTANDING FOR THE SHARING OF LAND INFORMATION IN THE COUNTY OF SIMCOE (COMMONLY REFERRED TO AS THE COUNTY OF SIMCOE LAND INFORMATION NETWORK COOPERATIVE) GOAL I PURPOSE The Land Infonnation Network Cooperative (LINe) of Simcoe County is an association of public and private sector organizations that have joined together to utilize a common resource of geographically referenced information. The purpose of this cooperative is to utilize the power of Geographic Information System (GJ.S.) technology to improve both the individual and collective ability of the Members to serve each other, the public and customers more effectively and efficiently. LINC is a service driven cooperative based on membership and agTeements between the Members where information and resources .are shared to the greatest possible extent. BUSINESS DEFIN1TION The Land Information Network Cooperative of Simcoe County is a cooperative founded on the principle of sharing a common resource of information. The policies that govern the cooperative are set by the Members and there is no long-tenn obligation to membership other than the payment of an annual fee and the willingness to share information The cooperative is not a business entity in that LINC is neither registered or incorporated as a business nor does it have a payroll. Each Member is an independent contractor and operates as a separate business with the responsibility to compensate other Members for goods or services rendered and to maintain the information contributed to the partnership. The County of Simcoe is the Member providing the coordination role for the collection, distribution and management of the data and the working capital within LINC. STRUCTURE The cooperative structure is characterized by a simple hierarchy of committees which are constituted to set policy and direction as well as enable the Members to work together in the development and implementation of GIS applications. EXECUTIVE COMMITTEE This is the main decision making committee in the cooperative and its voting membership is made up of the Chairs and V ice-Chairs of the four Member groups. In the absence of any of these members, a designate may attend and be the voting member. This committee is chaired by the Chief Administrative Officer of the County of Simcoe. Any additional Member of the cooperative may attend Executive Committee meetings as a non-voting member. The purpose of the Executive Committee is to approve budgets, policies and strategic and operational plans for cooperative as well as resolve issues relevant to the general membership. 9 Schedule 1 to By-law No. 2004-088 July 18,2003 LINC Memorandum of Understanding Page 1!1k ~5) The Executive Committee shall also audit the financial management of the cooperative and report regularly to the Members through minutes or reports. MEMBERS' GROUPS Municipal Members' Group County Members' Group Utility Members' Group Government Agency Members' Group These Groups bring together Members with similar business environments, objectives and operating conditions. Each Group is a forum for the development of GIS data bases, appJications and the generation of policies and practices that will advance the effectiveness of the cooperative. SPECIALLY CONSTITUTED SUB-COMMITTEES Both the Executive Committee and the Member Groups can give status to specially constituted sub- committees trom the membership ofLINC to address specific issues. These ad hoc groups do not form standing committees and shall report and make recommendations to the Ex.ecutive Committee or their parent member group. They shall have tenns of references and defined time limits. OPERATIONS MANAGER The position of Operations Manager for LINC is fined by the Manager of GIS for the County of Simcoe. The Operations Manager is responsible for managing the LINC data base and providing a coordinating and development function to the Members and Committees ofLINC. A copy of all of the digital data shared within LINC shall be retained by the County for use by the Operations Manager. It is the responsibility of the Operations Manager to work with the Members to develop operational procedures and resolve technical issues relating to the quality control, coordination, maintenance and distribution of this data base. MEMBERSHIP Membership in LINC is open to all organizations under the following categories and conditions. I) Public Sector Membership in LINC requires the contribution of a set annual Member fee as determined by the Executive Committee. This requirement does not apply to the Municipalities of Simcoe County as they contribute to LINC through the municipal levy process. 2) Private Sector Membership in LINC requires an initial cash payment for the use of data and an annual payment thereafter for membership privileges and information updates. The amount of payment is to be set by the Executive Committee based on the data sets utilized. All payments, annual fees or "services -in-lieu" are subject to change and are set by the Executive Committee. 10 Schedule 1 to By-law No. 2004-088 July 18, 2003 LINC Memorandum of Understanding Page 11:~"". . L ~ \ ./ ~:;,;; OPERATIONAL DECISION RULES The following statements are intended to communicate the basic tenets or values ofLINC. These decision. rules are to be used as guidelines in decision making processes and in formulating specific policies and procedures required for the operation ofLINC. Membership · Encourage membership in LINC from organizations across the community and province. · Each Member shan be a participant within one of the four Members' Groups Financial There shaH be a balanced budget wherein contributions and revenues equal the cost of coordination, development, data acquisition and core data administration. · The Executive Committee may set, but shaH not be limited to, fees and fee schedules for the following: 1) Annual fees that are to be equal for all Members required to pay the fee. 2) Initial cost and update fees for data accessed by private sector Members. 3) The sale ofLINC data and services to customers (non-members) Digital data prices are listed in County of Simcoe - Minimum Fee Schedule for LINC Data · The requirement to make royalty payments shall be factored into the financial management of LINe. · The cost of royalties will be factored into the cost of LINC products. Revenues from sales may be reinvested in the development of LINe. · Revenues from the sale of OBM value added products may be reinvested in the development of LINC. · Revenues received from the sale of digital assessment data shall be distributed among the municipalities annually based on a formula mutually agreed to by all municipalities. Data Base · Members shall maintain the LINC data base to be as current as reasonably possible. · LINC will actively seek data sets that are available from the Members and the conununity. · LINC will create new data sets as required by the Members as funding is available. · LINC shall maintain the composite core data base. (see APPENDIX A) Standards · LINC shall maintain a reasonable range of formats for data in order to acconunodate Member preferences. · Existing standards shall be utilized where reasonably possible. · New standards shall be developed by the Member responsible for creation and maintenance of the data and shall be kept as simple and teclmically compatible as reasonably possible. · Standards will be maintained and made available to all Members and customers. 11 ----~ Schedule 1 to By-law No. 2004-088 July 18, 2003 LINC Memorandum of Understanding Page 11. 'J.", Li\ ~..:,/ Marketing I Sales · LINC products shall be marketed and sold to individuals and organizations as an alternative to Membership. · Private citizens requesting non-digital information for non-commercial reasons regarding their own property will be charged a minimal rate. · The sale of all LINC digital data shall be governed by the standards and conditions set by the Executive Committee. · All digital LINC data will be sold and "packaged" by the Operations Manager. · Hardcopy LINC products may be marketed by any Member. Communications · LINC shaH actively promote the organization within the community in order to build and maintain support. · Encourage the use ofLINC data within the community to improve the effectiveness and efficiency and reduce duplication. Applications · Encourage and support the development of applications for LINC data within Member organizations. · Encourage the redesign of Members' office functions to incorporate effective GIS applications. · Strive to reduce the duplicate handling of data and the creation of data sets which serve multiple needs. Education and Training · Programs shall be undertaken for the training of staff and stakeholders within Member organizations. · Encourage educational institutions to train students in GIS technology in order to support Member needs and the growing use of the technology in the marketplace. Dissolution · If at any time LINC is dissolved as an organization, it is understood that all Members have equal equity in the core data bases. · Any proceeds from the dissolution would be equally distributed to the Members. Copyright All products produced, exchanged or sold through LINC shaH be identified with a common copyright logo in addition to any other applicable copyrights, as follows; This map, either in whole or in part. may not be reproduced without the written authority from the County of Simcoe. Copyright County of Simcoe Land Information Network Cooperative (Q LINC 2004. Produced (in part) under licence from the Ontario Ministry of Natural Resources, Copyright (Q Queens Printer 2004. This map is not a legal survey. Research and Development · LINC shall be forward looking in terms oftIying to meet the future needs of its Members by setting aside funds for research and development. The amount is to be decided by the Executive Committee. Changes · This document may be amended by resolution of the Executive Committee. 12 .- / Schedule 1 to By-law No. 2004-088 July 18,2003 LINC Memorandum of Understanding Page 1~. . ~) APPENDIX A THE LAND INFORMATION NETWORK COOPERATIVE DATA BASE CLASSIFICATION Core Data Classification data which can be shared and accessed by all members data which is to be managed and coordinated by the County of Simcoe GIS Manager data which will reside on the County GIS server for the purposes of distribution data which will be maintained by the data custodian as mutually agreed to by all the members data which is to be resold through the LINC Operations Manager and subject to a cooperative fee schedule Secondary Data Classification data access is specified by the data custodian data may reside on the County GIS server for the purposes of internal work data security and data base integrity are the responsibility of the data custodian value added reseUing or distribution of other parties' data is not permitted without prior expressed written consent of the data custodian additional fees may apply to individual themes in this class, as a means of recouping initial acquisition costs and supporting future maintenance access to individual themes in this classification may require the execution of a LINC end user license * Access to the OASYS and ROLL data is governed by Protection of Privacy Act 13 f1f'.,~,4tf ~ Schedule 1 to By-law No. 2004-088 July 18,2003 LINC Memorandum of Understanding Page 1~ ~) CURRENT INDEX OF DATA THEMES BEING SHARED IN THE COOPERATNE CORE DATA SECONDARY DATA CUSTODIAN Assessment Mapping Original OBM Coverage (Tiles) MNR County Base Map Infrared Photos MNRICounty Municipal Base Map Archaeological Sites MCZCR County Forest Bell Canada Trench Lines BELL County Property Municipal OBM Data bases MNR Soil Type Innisfil OBM Coverage MNR Soil Class (CLl Capability) Collingwood Assessment Town of . Coverage Collingwood Civic Addressing Data Base OASYS Data Base (CD-ROM) * MPAC 911 Road Network (SLRN) ROLL Data Base (CD~ROM) * MPAC Green Land Constraints School Locations SCDSB Contours School Attendance Areas SCDSB ANSI's School Districts SCDSB Wetlands 2002 Orthorectified Aerial . County Photography Pits and Quarries 2002 Digital Terrain Model Countv Landfill Sites Oak Ridges Moraine Planning Boundary Mineral and aggregate areas Niagara Escarpment Planning Boundary Rail Lines County of Simcoe Shoreline Policy Limits (DRAFT) 14 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-090 A By-law to authorize the sale (transfer) of surplus land to Huronia Homes Ltd., Part of Block 35, M-676, Part of lots 35 and 36, Concession 1 (Bidwell Road) more particularly described as Parts 14, 16, 17, 18, 20, 21 and 22, Plan 51R-16674, Township of Oro-Medonte, County of Simcoe. WHEREAS Section 268 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to dispose of surplus land in accordance with the provisions of a by-law passed by the Council, establishing procedures governing the sale of such land; AND WHEREAS Council passed By-law No. 2003-125 on the 26th day of November, 2003, being a By-law to govern the procedure for the sale of land within the Township of Oro-Medonte, pursuant to Section 268 of the Municipal Act, S.O. 2001, c.25, as amended; AND WHEREAS Council has previously caused notice to be given of its intention to sell the land described in Schedule "AU attached, in accordance with the requirements of Section 268 of the Municipal Act, and the requirements set out in By-law 2003-125; AND WHEREAS Council has determined that the said land is not required for municipal purposes, and has by resolution declared the land designated as Part of Block 35, M- 676, Part of Lots 35 and 36, Concession 1 (Bidwell Road), more particularly described as Part 14, 16, 17, 18, 20, 21 and 22, Plan 51R-16674, Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "Au attached hereto, to be surplus to the municipality; AND WHEREAS, Council has received no notice of objection to the proposed sale (transfer) of land from any party; AND WHEREAS pursuant to Section 268 of the Municipal Act, S.O. 2001, c.25, as amended, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed By-law to sell the land designated as Part of Block 35, M-676, Part of Lots 35 and 36, Concession 1 (Bidwell Road), more particularly described as Parts 14, 16, 17, 18,20,21 and 22, Plan 51R-16674, Township of Oro-Medonte, County of Simcoe, to be published in newspapers of local circulation; AND WHEREAS the proposed By-law came before Council of The Corporation of the Township of Oro-Medonte for consideration at its meeting on the 11th day of August, 2004, and at that time no person objected to the proposed By-law nor claimed that his/her land would be prejudicially affected. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Authorization of Sale (Transfer) - Council does hereby authorize the sale (transfer) of the land designated as Part of Block 35, M-676, Part of Lots 35 and 36, Concession 1 (Bidwell Road), more particularly described as Parts 14, 16, 17, 18, 20, 21 and 22, Plan 51R-16674, Township of Oro-Medonte, County of Simcoe, as described in Schedule "Au attached hereto. I 2. Sale Price - In accordance with By-law 2003-125, Council hereby sets the sale (transfer) price for land designated as Part of Block 35, M-676, Part of Lots 35 and 36, Concession 1 (Bidwell Road), more particularly described as Parts 14, 16, 17, 18, 20, 21 and 22, Plan 51R-16674, Township of Oro-Medonte, County of Simcoe, at $22,000.00 plus costs incurred by the Township of Oro-Medonte in the sale of the lands. 3. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. 4. Clerk's Affidavit -Schedule "B" attached hereto and forming part of this By-law is an Affidavit of Marilyn Pennycook, Clerk of The Corporation of the Township of Oro-Medonte, setting out the procedures taken for the publishing of the said Notice pursuant to the provisions of the Municipal Act. BY-LAW READ A FIRST AND SECOND TIME THIS 11TH DAY OF AUGUST, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule "A" to By-law No. 2004-090 for The Corporation of the Township of Oro-Medonte Part of Block 35, M-676, Part of Lots 35 and 36, Concession 1 (Bidwell Road), more particularly described as Parts 14, 16, 17, 18,20,21 and 22, Plan 51R-16674. Schedule "B" to By-law 2004-090 for The Corporation of the Township of Oro-Medonte 7 f)- j PROVINCE OF ONTARIO, COUNTY OF SIMCOE, IN THE MATTER of the sale (transfer) of land designated as Part of Block 35, M-676, Part of Lots 35 and 36, Concession 1 (Bidwell Road), more particularly described as Parts 14, 16, 17, 18, 20, 21 and 22, Plan 51R-16674, Township of Oro-Medonte, County of Simcoe. AFFIDAVIT I, Marilyn Pennycook, of the Township of Oro-Medonte in the County of Simcoe, make oath and say as follows: 1. The Deponent I am the Clerk of The Corporation of the Township of Oro-Medonte, and as such have knowledge of the facts hereinafter deposed of. 2. Publication Pursuant to Section 268 of the Municipal Act, S.O. 2001, c.25, and amendments thereto, I did cause to be published in the Barrie Examiner, Midland Free Press and Orillia Packet & Times, newspapers of local circulation, a Notice of the proposal by The Corporation of the Township of Oro-Medonte to pass a By-law to sell land designated as Part of Block 35, M-676, Part of lots 35 and 36, Concession 1 (Bidwell Road), more particularly described as Parts 14, 16, 17, 18, 20, 21 and 22, Plan 51R-16674, Township of Oro-Medonte, County of Simcoe, described in the said Notice. 3. Copy of Notice Attached to this my Affidavit as Exhibit "Au is a copy of the actual Notice as it appeared in the Barrie Examiner, Midland Free Press and Orillia Packet & Times. 4. Date of Publication A Notice of Sale of Land was published on the 23rd day of July, 2004. 5. Council Meeting The proposed By-law came before the Municipal Council at its meeting on the 11th day of August, 2004, and at that time, no person or persons made any claim that his/her land would be prejudicially affected by the By-law. SWORN before me at the Township of Oro-Medonte, in the County of Simcoe, this day of 2004. ) ) ) Marilyn Pennycook, Clerk A COMMISSIONER FOR TAKING AFFIDAVITS, ETC. Exhibit "A" of Schedule B of By-Law No. 2004-090 bB42-,LIE:. i::.,;.<\AVV\ 1~t:..~S .:;L....I 23'0'-1 TIiE CORl'OIL41lON OF THE TOWN&IiIP ~o-~7~~ ; , THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE NOTICE OF PROPOSED SALE OF SURPLUS LANDS . TAKE NOTICE that The Corporation of the Township of Oro-Medonte proposes to pass a By-Iawfor the sale of surplus landsirfthe Township of Oro-:Medonte, County of Simcoe, more particularly described in Schedule "A", hereto. AND FURTHER TAKE NOTICE that the proposed 8y-Lawwillcome before the CQuncil of The Corporation of the Township ofOro-Medonteat its Special Meeting to beheld at the Council Chambers on the 11 th day of August, 2004 immediately following' the Committee -of the Whole meeting and at that time Council will hear in person or by his counsel, solicitor or agent, any person who claims that his land will be prejudicially affected by the 'By-law. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 19th DAY OF JULY 2Q0!4. Marilyn Pennycook, Clerk SCHEDULE "A" Part of Block 35, M-676, Part of Lots 35 and 36, Cone. 1, Oro-:Medonte (Bidwell Road), more particularly described as Parts 14,16,17,18,20,21 and 22, 51R- 16674. , '~' ~ 1 I.i I- ~ S j It. t. (O,,"[JI LC" )!!.. CO".' (.".11: ~- 'j I 1 i THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-91 A BY-LAW TO AMEND BY-LAW NO. 2004-65 (A BY-LAW TO ADOPT THE ESTIMATES OF ALL AMOUNTS REQUIRED DURING THE YEAR AND FOR LEVYING THE TAX RATES FOR THE YEAR 2004). WHEREAS By-law No. 2004-65 was passed on June 2nd, 2004; AND WHEREAS the determination of the adjustments to taxes for capped classes pursuant to Section 329 of the Municipal Act, 2001 S.O. 2001, c.25, as amended were delayed necessitating a different due date for properties with assessment in the capped classes; AND WHEREAS By-law No. 2004-65 must be amended accordingly; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. That Section 6 be deleted in its entirety and replaced with the following: i) That the final tax bill less the interim tax bill be due and payable in two equal installments on or before Friday, July 30th, 2004 and Thursday, September 30th, 2004 for properties with no assessment in the Commercial, Industrial or Multi-Residential Classes. ii) That the final tax bill less the interim tax bill be due and payable in one installment on or before Tuesday, August 31st, 2004 and Thursday, September 30th, 2004 for properties with assessment in the Commercial, Industrial and Multi-Residential classes. 2. That this By-law come into force and take effect on and from the date of the final passing thereof for the current year 2004. Read a first and second time this 11 th day of August, 2004. By-law read a third and finally passed this 11 th day of August, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE -I BY-LAW NO. 2004-092 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Horseshoe Valley Resort Ltd.lNew Millennium Homes Limited described as lands as follows: (Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) - Part of Parcel 1-3, Section 51-Med-3, being Part of Lots 1 and 2, Concession 3, designated as Parts 15,16,18,19, 20, 37 and 39 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) - Parcel 1- 5, Section 51 -Med-3, being Part of Lot 1, Concession 3, designated as Parts 3 and 4 on Plan 51 R-32830, Township of Oro-Medonte - Part of Parcel 1-6, Section 51 -Med-3, being Part of Lot 1, Concession 3, Township of Oro-Medonte, formerly Township of Medonte, designated as Part 2 on Plan 51 R-32830 - Part of Parcel 1-12, Section 51 -Med-4, being Part of Lot 1, Concession 4, in the Township of Oro-Medonte, in the County of Simcoe, and designated as Parts 10,11,12 and 13 on Plan 51R-32830 (Geographic Township of Medonte) -Parcel 1-13, Section 51-Med-4, being Part of Lot 1, Concession 4, designated as Part 31 on Plan 51 R-32830). 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 Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this By-Law; 4. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 11TH DAY OF AUGUST, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook .. APPENDIX "A" TO BY-LAW 2004-092 SITE PLAN AGREEMENT - between - HORSESHOE VALLEY RESORT LTD. HEIGHTS OF HORSESHOE TOWNHOUSES - and - NEW MILLENNIUM HOMES LIMITED - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of the Original Road Allowance between Concessions 3 and 4, Designated as Part 21 on Plan 51R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Part of Parcel 1-3, Section 51-Med-3, Being Part of Lots 1 and 2, Concession 3, Designated as Parts 15, 16, 18, 19, 20, 37 and 39 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Parcel 1-5, Section 51-Med-3, Being Part of Lot 1, Concession 3, Designated as Parts 3 and 4 on Plan 51 R-32830, Township of Oro-Medonte Part of Parcel 1-6, Section 51-Med-3, Being Part of Lot 1, Concession 3, Township of Oro-Medonte, Formerly Township of Medonte, Designated as Part 2 on Plan 51 R-32830 Part of Parcel 1-12, Section 51-Med-4, Being Part of Lot 1, Concession 4, in the Township of Oro-Medonte, in the County of Simcoe, and Designated as Parts 10, 11, 12 and 13 on Plan 51R-32830 (Geographic Township of Medonte) Parcel 1-13, Section 51-Med-4, Being Part of Lot 1, Concession 4, Designated as Part 31 on Plan 51 R-32830 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July, 2004 By-Law No. 2004- Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 1 0 Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owners 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 of Each Part of the Works Standard Township Letter of Credit 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2004, in BETWEEN: HORSESHOE V ALLEY RESORT LTD. Hereinafter called the "Owner" PARTY OF THE FIRST PART - and - NEW MILLENNIUM HOMES LIMITED Hereinafter called the "Owner" PARTY OF THE SECOND PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE THIRD PART WHEREAS the Owners have applied to the Township of Oro-Medonte to permit a 24-unit Townhouse development on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owners intend 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. COVENANTS BY THE OWNERS The Owners covenant and agrees as follows: a) The Owners own the subject lands described in Schedule "A", attached hereto, and have 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 Owners 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, Nottawasaga Valley Conservation Authority and Ministry of the Environment. e) The Owners 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 Owners 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 Owners acknowledge and agree that the Owners shall be responsible for the cost of performance of all the Owners' obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owners are obligated in any way, shall be deemed to include the words "at the expense of the Owners", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $5,000.00. The Owners shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owners 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 Owners' Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 24-unit Townhouse development described on the Site Plan. b) That the Township agrees that subject to compliance by the Owners with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owners may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owners shall be on and subject to the following terms and conditions: 4 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) LightinQ All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) ParkinQ Areas and Drivewavs All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B", attached. The Owners agree to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro- Medonte. d) Outside StoraQe No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbaqe Storaqe The Owners agree to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) LandscapinQ The Owners 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 Owners 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 Owners agree to ensure that all storm water management facilities and sediment and erosion control measures will be in place prior to site alteration, and maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. h) The Owners shall agree to carry out, or cause to be carried out, the recommendations and measures contained within the plans and reports, as approved by the Conservation Authority and the Township. i) The Owners shall agree to engage a qualified professional to certify, in writing, that the works were constructed in accordance with the plans, reports and specifications, as approved by the Conservation Authority and the Township. 5 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all Parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, memorandum of Confirmation, or notations on Engineering Drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owners will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owners 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 one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these altemative methods of providing securities. Prior to depositing the securities, the Owners' 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 Owners, 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 Owners, 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 Owners' obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owners under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owners for the performance of its covenants and agreements herein, and upon default on the part of the Owners hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO-OPERATION The Owners consent to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owners and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto, and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands. and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 1 O. SAVE HARMLESS The Owners, 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. 1:~. ) ) ) Own ) ) ) Dino Sciavilla )Has the Authority to Bind the Corporation ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) IN WITNESS WHEREOF, the Parties hereunto have affixed their r~s under the hands of their proper officers duly authorized in th t b~h SIGNED, SEALED AND DELIVERED SCHEDULE" A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte, Horseshoe Valley Resort Ltd. and New Millennium Homes Limited. LEGAL DESCRIPTION OF LANDS Part of the Original Road Allowance between Concessions 3 and 4, designated as Part 21 on Plan 51 R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Part of Parcel 1-3, Section 51-Med-3, being Part of Lots 1 and 2, Concession 3, designated as Parts 15, 16, 18, 19, 20, 37 and 39 on Plan 51R-32830, Township of Oro-Medonte (Geographic Township of Medonte) Parcel 1-5, Section 51-Med-3, being Part of Lot 1, Concession 3, designated as Parts 3 and 4 on Plan 51R-32830, Township of Oro-Medonte Part of Parcel 1-6, Section 51-Med-3, being Part of Lot 1, Concession 3, Township of Oro-Medonte, formerly Township of Medonte, designated as Part 2 on Plan 51 R-32830 Part of Parcel 1-12, Section 51-Med-4, being Part of Lot 1, Concession 4, in the Township of Oro-Medonte, in the County of Simcoe, and designated as Parts 10, 11, 12 and 13 on Plan 51R-32830 (Geographic Township of Medonte) Parcel 1-13, Section 51-Med-4, being Part of Lot 1, Concession 4, designated as Part 31 on Plan 51 R-32830 8 - 0 SCHEDULE"B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte, Horseshoe Valley Resort Ltd. and New Millennium Homes Limited. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. The following Drawings completed by Dino R. S. Astri; P K Menzies; URS Canada Inc.; The Landplan Collaborative Ltd. - Project #03-0033, approved by R. G. Robinson and Associates Ltd. dated June 16, 2004. ~ Site Plan dated April 20, 2004 ~ Road Design Plan, Drawing #R-1 dated October, 2003, revised June 1, 2004 ~ Landscape Plan dated April 20, 2004, revised dated June 2, 2004 ~ Site Servicing Plan, Drawing #S-1 dated October, 2003, revised June 1, 2004 ~ Site Grading and Drainage Plan, Drawing No.'s G-1 and G-2 dated October, 2003, revised June 1, 2004 ~ Building Elevations dated August, 2003, revised 9 SCHEDULE"C" J NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte, Horseshoe Valley Resort Ltd. and New Millennium Homes Limited. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the Solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte, Horseshoe Valley Resort Ltd. and New Millennium Homes Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS A) Roadway construction complete, including clearing and grubbing, excavation, granular road base materials, concrete curb and spillways, and two lifts of asphalt........ ....... ............................................. ...... ..... ...... .. .$170,827.07 B) Storm Drainage works complete, including storm sewers, ditch inlet catch basins, culverts, detention pond, topsoil, seed and mulch, sod and ditching............................................$ 5,280.00 C) Waterworks, including watermains, valves, hydrants and valves, and water services...................................... ...... ..$115,458.00 D) Miscellaneous items such as street name and regulatory signs, siltation and erosion control, and pole gate.......................... ........................................... ..............$ 15,548.00 E) Sanitary works, including sanitary manholes, mains and connections......................................... ...................$ 72,162.50 F) Landscaping, including grading, trees, garbage enclosures and bollards................................... ................. $ 41,238.00 SUB-TOTAL $420,514.95 G) Allowance for Engineering and supervision.........................$ 42,051.49 TOTAL 7% G.S.T. $462,566.44 $ 32,379.65 GRAND TOTAL COST $494,946.09 JI THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2004-093 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDMENT TO AN AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND HER MAJESTY, THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING WHEREAS the Township of Oro-Medonte and has received approval for funding under the Ontario Small Town and Rural Development (OSTAR) Infrastructure Initiative (SuperBuild) to comply with the Drinking Water Protection Regulation or Orders from the Ministry of the Environment; AND WHEREAS The Municipal Act, S.O. 2001, c.25, Section 130, authorizes the Council of a Municipality to enact a by-law for entering into an agreement with respect to the health, safety and well-being of the inhabitants of the municipality; AND WHEREAS the Council of the Township of Oro-Medonte did, on the 19th day of February 2003 enact By-law No. 2003-012 authorizing execution of an agreement between the Corporation of the Township of Oro-Medonte and Her Majesty, the Queen in Right of Ontario, as represented by the Associate Minister of Municipal Affairs and Housing; AND WHEREAS the Council of the Corporation 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 amendment to the agreement with Her Majesty, the Queen in Right of Ontario, as represented by the Minister of Municipal Affairs and Housing; 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 amendment to the agreement between the Corporation of the Township of Oro-Medonte and Her Majesty, The Queen in Right of Ontario, as represented by the Minister of Municipal Affairs and Housing, 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 11TH DAY OF FEBRUARY, 2004. BY-LAW READ A THIRD AND FINAL TIME THIS DAY OF 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook . Ontario Small Town and Rural Development Infra-Structure Initiative Round 1 - Option 1 Studies Schedule 'A' to By-law No. 2004-093 FILE: 6219 ADDENDUM This Addendum made as of the _ day of 2004. BETWEEN: Her Majesty the Queen in Right of Ontario as represented by the Minister of Municipal Affairs and Housing AND: The Corporation of the Township of Oro-Medonte WHEREAS an Agreement dated April 30, 2001 was executed by The Corporation of the Township of Oro-Medonte and Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture and Food; AND WHEREAS the powers and duties in relation to the OST AR Initiative were transferred to the Minister of Municipal Affairs and Housing. NOW THEREFORE the parties agree to amend the terms and conditions of the Agreement as follows: 1. Paragraph 1 of Schedule III of the Agreement is repealed and the following substituted: 1 . The maximum amount of financial assistance for the Study under this Agreement is $61,431.94 and is based on a maximum eligible cost of $92,143.31. 2. All other terms and conditions of the Agreement remain in effect. IN WITNESS WHEREOF the parties have executed this Addendum. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING NAME: John Gerretsen TITLE: Minister DATE THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE NAME: 'J. Neil CrafgU- TITLE Mayor OATS . I NAME:Marilyn Pennycook TITLE Clerk . , . J DATE l? THE CORPORATION OF THE TOWNSHIP OF ORO~MEDONTE BY~LAW NO. 2004~089 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, AUGUST 11, 2004. THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Special Council Meeting held on Wednesday, August 11, 2004, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 11'h DAY OF AUGUST, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 11th DAY OF AUGUST, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO~MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook