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09 08 2004 COW Agenda TOWNSHIP OF ORO-MEDONTE COMMITTEE OF THE WHOLE MEETING AGENDA DATE: WEDNESDAY, SEPTEMBER 8,2004 TIME: 9:00 a.m. ROBINSON ROOM ************************************************************************************************ .. 1. NOTICE OF ADDITIONS TO AGENDA 2. ADOPTION OF THE AGENDA 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" 4. DEPUTATIONS: a) 9:00 a.m. Murray Martin, 2nd Vice President, Orillia Fish and Game Conservation Club, re: Shrubs for Wildlife. 5. CORRESPONDENCE: a) Greg Price, correspondence dated August 9,2004 re: Request to Waive Development Charge. b) Susan Dale, Director Communications/Community Relations, The Children's Aid Society of The County of Simcoe, correspondence dated August, 2004 re: Proclamation Request, October is Child Abuse and Neglect Prevention Month. '\ c) George Pasut, Medical Officer of Health, Simcoe County District Health Unit, correspondence dated August 16, 2004 re: Simcoe County Child Health Survey - Preliminary Report [Preliminary Report available in Clerk's Office]. " d) Oro-Medonte History Association, minutes of July 8,2004 meeting. e) Oro-Medonte History Association, minutes of August 5, 2004 meeting. f) Carllsenburg, President and CAO, Municipal Property Assessment Corporation, correspondence dated August 4, 2004 re: Ontario's Current Value Assessment System and the Municipal Property Assessment Corporation's Service. g) Wayne Wilson, CAO/Secretary-Treasurer, Nottawasaga Valley Conservation Authority, correspondence dated August 24, 2004 re: Use of ATV's on Significant Lands Within the NVCA Watershed. h) Michael Jones, Double Take Signs Inc., correspondence dated August 27,2004 re: Exemption Request for Installation of Outdoor Illuminated Sign. i) Glen Knox, County Clerk, The Corporation of the County of Simcoe, correspondence dated August 27,2004 re: Peterborough Flood Relief Fund. j) Tammy Chung, Resource Technician, Lake Simcoe Region Conservation Authority, correspondence dated September 1, 2004 re: Funding Grants Available Under the Lake Simcoe Water Quality Improvement Program (LSWQIP). 6. FINANCE, ADMINISTRATION AND FIRE: a) Report No. TR 2004-22, Paul Gravelle, Treasurer, re: Insurance Coverage - Non Owned Automobiles. b) Report No. TR 2004-26, Bonnie McPhee, Accounting Clerk, re: Statement of Accounts, August, 2004. c) Report No. ADM 2004-39, Jennifer Zieleniewski, CAO, re: Proposed Closure of Road and Conveyance of Lands at the End of Iroquois Ridge, Registered Plan M-9 (Geographic Township of Oro), Township of Oro-Medonte. d) Councillor Paul Marshall, correspondence re: Lake Simcoe Region Conservation Authority, re: Nomination for Conservation Awards. e) Report No. TR 2004-24, Paul Gravelle, Treasurer, re: Public Notice Relating to Improvements in Efficiency and Effectiveness of Service Delivery. 7. PUBLIC WORKS: None. 8. ENGINEERING & ENVIRONMENTAL SERVICES: a) Report No. EES 2004-38, Keith Mathieson, Director of Engineering and Environmental Services, re: Huronia Homes Ltd. Phase II Subdivision Agreement, PT. E. % Lot 36, Concession I, E.P.R. Oro, Pt. 14,51 R-16674; pt. Lot 35, Concession 1, E.P.R. Oro Parts 20, 21 & 22, 51R-16674; Pt. Rdal. Btn. Lots 35 & 36, Concession 1 Closed By- Law #'s R01217300 & R01385345; Oro Pts. 16, 17 & 18, 51R -16674 Being all of PIN # 58534-0157 (Lt) Block 25, Plan 51 M-676 Being all of PIN #58534-0191 (Lt) Twp. of Oro-Medonte. 2 " .. '" v 9. BUILDING, PLANNING AND DEVELOPMENT: a) Report No. BO 2004-08, Ron Kolbe, Oirector of Building/Planning Development re: Building Report, July, 2004. 10. IN-CAMERA: a) Jennifer Zieleniewski, CAO, re: Legal Matter. b) Jennifer Zieleniewski, CAO, re: Property Matter. 11. ADJOURNMENT: .. .. 3 .. Page 1 of2 -' To Mayor and Council On the behalf of the youth movement GET OUTDOORS, and The Orillia Fish and Game Conservation Club, I wish to express our thanks to council for allowing me to make this presentation dealing with the property of Rails to Trails and our proposed Wildlife Corridor. Personally, In our progress society, we often hear of forests and wildlife habitat being knocked down and bulldozed under so that a mall or subdivision can be built. In my life span, I have never heard of a mall or other man made convenience being bulldozed down so that it may be replaced by a forest or wildlife habitat. I would suggest to Council, that the Rails to Trails property, presents a opportunity for the this valuable township asset to become a wildife corridor at a time when the wildlife habitat is shrinking at an alarming pace and birds and other wildlife are suffering due to such progress. The theme; GRANDDAD....WHAT WAS A NATURAL ENVIRONMENT? The Project; RAILS TO TRAILS WILDLIFE CORRIDOR! The GET OUTDOORS (Orillia Chapter) have made a successful presentation to the Toronto Dominion Bank Environmental Committee on a project of "planting trees and shrubs for wildlife", and have been granted $2400 for this project. With the direct co-operation of the members of the Orillia Fish and Game Conservation Club, we have planted 1,000 red and white pine in the township of Oro Medonte, mainly on the properties of the Oriliia Fish and Game Conservation Club. As a mentor with the youth movement and an executive member of the Orillia Fish and Game Conservation Club, I have proposed the following major wildlife project ,dealing with the Rails To trails Wildlife Corridor. I should add here that before making this presentation to the above mentioned organizations, I had talked this over with Deputy Mayor Harry Hughes. The Deputy mayor expressed enthusiasm in the project and added number of ideas to the project. The project would be undertaken in a number of phases. The first phase would see a combination of 3,000 trees planted between concession 5 through to concession 14 on both sides of the ditch areas along the Rails to Trails. This phase would take place in the first week of October 2004. The second phase would see 3,000 shrubs for wildlife planted along the same area in the spring of 2005. These shrubs would be specifically chosen to mainly benefit song and perching birds as well as other wildlife. Phase 3 would involve planting trees that benefit such birds and provide cover for other wildlife. This would see 2,000 such wildlife shrubs planted in the ditch areas of Rails To trails from the fifth concession, through to the city limits of Barrie. This phase 3 would take place in 9/7/2004 . '.. Page 2 of2 ... , .. the spring of 2005 and followed by the planting of 2,000 trees planted in the fall of that same year. No less than 20 members of the Orillia Fish and Game Conservation Club will supply supervision and provide labour on the project. They will also supply 6 A TVs that will carry the trees and shrubs along the trail for planting. This also includes the water needed for planting. Members of the Get outdoors will take participate in the planting. We propose that I will meet with the principals of Guthrie and East Oro public Schools, proposing the project to them and to seek the participation of the mentioned school children. To do so we would also need the participation of Stanton bus lines to bus the children to and from the centre point being Hawkestone. Upon receiving the go ahead on this project, I will meet with one of Ontario's major wild flower seed and plant growers and obtain their involvement in this RAILS TO TRAILS WILDLIFE CORRIDOR. I suggest to Council that the Rails To Trails could be one of the most important wildlife corridors in the province, if not one of the most significant wildlife habitat projects in Canada. If we have the co-operation of the council of Oro-Medonte on this habitat improvement project, one further step is suggested. I would propose that the Council of Oro-Medonte enact a by law to prohibit the taking of any tree, shrub or other plants from the property known as the Rails To Trails within the boundaries of the Township of Oro-Medonte. Upon a conviction in contravention of such a by-law, a fine be levied of no less than $500 dollars. As this project is within a specific time phase that would enable us to purchase the needed trees and shrubs, we would appreciate if the council would give us the go ahead at the time of this meeting and presentation. Yours truly, Murray J. Martin Second Vice president Orillia Fish and Game Conservation Club. Mentor to the Get Outdoors (Orillia Chapter) mmurmrtn @aol.com (705)- 835-5865 917/2004 'C.-_'..... . ,,~ . 5q~ c-c-?~. ~. \~ ...... .-<.-' '...~_.,-,. "" Grpg Prief>, 86 1v!ajor Mack€nzi~,r,Dre 11':") 'Richmond Hill, Ontario.. L4C 1G'9 RECEIVED 1 August 9) 2004. AUG 1 Z 2004 ORO-MEDONTE TOWNSHIP }ljari1yn Fermycook, C1 t'l>rk , The Corporation of the TO\ilnship of Oro-r,1pdontF:' J Mayor and Council, 148 Line 7 South, P.O. Rox lOG, Orc, Ontario LOL 2XO Dear Ms. FAnnycook: Kindly put on thp council agenda for September 1, 2004, foT' the r'1ayor and Council to consider my rAqueSt for cOnsideratioh to waive the dpve10pment charges and school levy for a :neW dwelling being considpT'po' 'at 2327 Lakf'.>shore Road~o, Plan 728, Lot 26. l-1Y Roll lTumbpT' is 43 46 010 012 13700 0000. a.) This is an existing lot, having been owned by my parents in th~ late 1940' 5, with a cottage built On it at that time. ~~ich I purchased in the early 1970's.. bo) A Garage was built On the property in 1986, with a pprmit. co) A Flan of Subdivision was put on this 1akeshore propprty in 1925 and was developed aftp~ 1946. (War training ar~a.) do} Th~ ~xisting cottage was Consumed by Tire in 1988, th~ firp departmpnt was called wh~n only smoke was evident, unfortunately dUe to an errOr in dispatch, the fire department was sent to Bass Lake~ The outcome of this r€su1ted in a total loss, after mOrf'> ca.lls to get the fire dppartment to respond\> NO\'J with numbered addresses, hopefully this type of incident will not ha,PPen I> " ... Looking forward to a favorable and equitablp decision in this matter, I rpmain, "'" P.S. If you vdsh to phone my businpss linp is 905 884 8297, otherwise I will attend the meeting on Septp~ber 1, ~04 at 7 P.M. '/ TOWNSHIP OF ORO-MEDONTE t MEMORANDUM II To: Jennifer Zielenewski cc: From: Paul Gravelle R.M. File #: Date: August 19, 2004 Roll #: 010012 13700 Subject: Price request to Waive Development Charge The municipality's Development Charge By-law provides an exemption for the redevelopment of a dwelling unit provided that a building permit is issued within five years of the date that a demolition permit has been issued. The reason for stipulating redevelopment within five years is that Development Charge studies are undertaken every five years. These studies take into consideration existing levels of development and anticipated future development. As the structure on this property was destroyed in 1988, any development would be considered new development that would generate growth related capital costs and therefore subject to a development charge. Both School Boards have the same exemption in regards to redevelopment in their by-laws. .. It should be noted that any request to waive the Education Development Charge should be directed to the Boards of Education. " THE CHILDREN'S AID SOCIETY OF THE COUNTY OF SIMCOE Sb Mayor J. Neil Craig The Township of Oro-Medonte P.O. 100. 148 Line 7 South Oro, Onto LOL 2XO August 2004 Dear Mr. Craig: October is Child Abuse and Neglect Prevention Month in Ontario. The Children's Aid Society of the County of Simcoe is participating in the 12th annual province-wide Purple Ribbon Campaign. The campaign is symbolized by the wearing of a pUlple ribbon. During the month of October we will be endeavouring to educate our commumtIes on the issues surrounding the abuse and neglect of children and the mandate of a Children's Aid Society. To highlight our work, purple ribbons and infonnation will be widely distributed throughout the County. We need our communities to be our partners in ensuring the well being of all our children. Last year council officially proclaimed the month of October as Child Abuse and Neglect Prevention Month. We respectfully request that council once again make the same proclamation for the month of October 2004. I will forward an infonnation package and some purple ribbons to your office in advance of October. If you have any questions, wish to order additional purple ribbons or arrange for someone to speak on these issues please call me at 726-6587 ext. 361. I thank you for your continued support of this campaign. Respectfully, "'. ;feu ~^-- Susan Dale Director Communications/Community Relations '" %e weCC 6eing of our cliildren is everyone's responsi6iCity. If you liave a concern a60ut a cliiGf, caCC us. We are liere to lieCp. ~ 60 Bell Farm Road, Unit #7, Barrie, Ontario, LAM 5G6 Telephone: (705) 726-6587 or (800) 461-4236 Fax: (705) 726-9788 Intake Fax: (705) 735-4996 Legal Services Fax: (705) 735-6398 o 344 King Street, Midland, Ontario LAR 3M8 Telephone (705) 526-9341 Fax: (705) 526-3418 o 186 Hurontario Street, Unit #105, Collingwood, Ontario L9Y 4T4 Telephone (705) 444-9160, Fax: (705) 445-9601 o 46 WeIlington St.,W, Unit 4, Alliston, Ontario L9R 2B8 Telephone (705) 435-4348 or (800) 661-5311, Fax: (705) 435-3547 o 255 West Street North, Orillia, Ontario L3V 5C9 Telephone (705) 325-1005 or (800) 422-9970, Fax: (705) 325-1519 o 118 Barrie Street, Box 872, Bradford, Ontario L3Z 2B3 Telephone: (905) 775-4336 or 1-(866) 550-8020, Fax: (905) 775-5325 o World Wide Web: http://www.simcoecas.com ~~p.s IN Ii .<~. SIMCOE COUNTY ~::1 r:~ DISTRICT HEALTH UNIT ~~ II ~ 15 Sperling Drive, Barrie, Ontario L4M 6K9 i\li'yOIS1f'\C,'\ ~;1~0 MEDICAL OFFICER OF HEALTH Dr. George Pasut TEL: 705-721-7330 FAX: 705-721-1495 August 16, 2004 RECEIVED Mayor J. Neil Craig c/o Clerk's Office Township of Oro-Medonte 148 Line 7 South P.O. Box100 Oro, ON LOL 2XO AUG 2 3 7004 ORO~MEDONTE SHIP Dear Mayor and Members of Council: I am pleased to send you a copy of our recently launched Simcoe County Child Health Survey - Preliminary Report. Parents and teachers were surveyed during 2003, to provide a picture of eating habits and physical activity patterns of local Grade 1 children. The survey findings suggest that: · many children are not eating enough from the four food groups of Canada's Food Guide to Healthy Eating but are consuming other less healthy foods daily; · the majority of children do not meet the 90 minutes per day national guideline for daily physical activity; · one in four children (26%) are overweight or at risk of becoming overweight; · the imbalance in children's nutrition and their daily physical inactivity could put them at risk of less than optimal growth and development; and · children adopt the eating and activity patterns that they learn at home and in the community. .. The survey findings indicate that we are at a critical point in influencing the health of our children. A need for collective community action to address children's lifestyle issues is being recognized across Canada. In response to our survey results, we are now developing A Call to Action: Building a Lifetime of Good Health, which we expect to have available early this fall. This document is intended to be used by parents, schools and communities to develop strategies and activities that support children and their families to make healthy eating and activity choices. We plan to collectively engage a wide variety of key stakeholders in making Simcoe County a healthier place to live, learn, work and play. ....2 BRANCH [Collingwood OFFICES: 280 Pretty River Pkwy. L9Y 4J5 TEL: 445-0804 FAX: 445-6498 ( Midland 1156 St. Andrew's Drive, Box 626, L4R 4L3 TEL: 526-9324 FAX: 526-1513 ( Orillia 575 West St.. S. Unit 12, L3V 7N6 TEL: 325-9565 FAX: 325-2091 [ Cookstown 25 King St.. S., Unit 2, LOL 1 LO TEL: 458-1103 FAX: 458-0105 - 2 - I urge you to share the enclosed survey highlights sheet with other colleagues as limited Canadian data exists about children's lifestyle habits. The full report can be accessed on our website at www.simcoehealth.orq. We will be providing you with a copy of the Call to Action as soon as it is available. In the meantime, I also urge you to consider how you can influence community decisions that affect food and activity choices of Simcoe County children and their families. ~ Yours truly, ~7~ George Pasut, MD, MHSc, FRCPC, FACPM Medical Officer of Health , GP:SC:ca Enc. (2) ~ WI> Survey Finds Lacking In In 2003 the Simcoe County District about childrenis eating and physical The survey involved 1,172 Grade 1 Muskoka Catholic District School Board, Survey Highlights Children's Physical Activity Patterns: . 52% of children meet the 90 minutes per day national guideline for total physical activity, when in-school and outside of school activity time is combined . Almost 1 in 3 children spend less than 1 hour every day on physical activity 5 . 2 in 3 children do not meet the national guideline for aerobic activity of 30 minutes per day (outside of school) . Only 1 in 3 children eat grain products 3 or more times per day (minimum recommendation is 5 servings) . In school, only 1 in 5 are involved in organized physical activity for at least 30 minutes each day . 2 in 3 children drink milk or put milk on cereal at least 2 or more times per day Children's Screen Time (TV plus internet and games) . Almost 3 in 4 children watch TV every day . Just over half of children eat meat/meat alternatives 2 or more times per day . An average of more than 1 hour per day is spent watching TV, using the internet and/or playing computer games . More than half of children eat 1 or more low- nutrient foods daily (high in fat, sugar and/or salt) . 15% of children watch TV for 2 or more hours daily . 1 in 4 children drink sweet drinks daily . 96% of children eat breakfast every day . 1 in 5 children have a TV in their bedroom, and this is significantly related to TV watching time . Over two-thirds of children participate in school food programs . TV watching time is significantly related to a decrease in aerobic activity . 1 in 5 children eat 4 or more meals in front of the TV each week Family Physical Activity Behaviours . 1 in 4 mothers and 1 in 3 fathers meet the 60 minutes per day physical activity guideline for adults Family Eating Patterns . 2 in 3 families eat one or more meals each week from restaurants . 1 in 3 mothers and 1 in 3 fathers are active with their children 4 or more times per week . 1 in 3 families eat one or more ready-to-eat meals per week (grocery store) . Children are more likely to meet recommended physical activity levels when there are supportive environments such as use of school grounds and neighbourhood parks, and their parents meet the adult national guideline for physical activity . 50% of families eat dinner together every day Over Children's Weight Patterns: · Overall, 26% of Grade 1 children are at-risk of overweight or are overweight (Body Mass Index for age >85th percentile) · This proportion of unhealthy weights in Grade 1 children in Simcoe County is significantly higher than the Centres for Disease Control and Prevention (CDC) reference for comparable age children Where do we go from here? Children's lifestyle behaviours are linked to an increase in the incidence of childhood overweight, obesity and Type 2 diabetes, and to the potential for Sc-4 I earlier onset of chronic diseases such as cardiovascular disease and cancer. The good news- changes today can set the stage for a lifetime of good health. The challenge is to find ways that will support children and families to make healthy eating and activity choices. We must build the framework for parents, families, community members, educators, service providers, and businesses across Simcoe County to work together to make this happen. Watch for your call to action-the health unit's invitation to get involved in the strategies and activities that can meet this challenge and put children's health in the forefront. Building a lifetime of good health begins now '# For the full survey report, for active living and healthy eating ideas, or for information on how to get involved in community action, call the Simcoe County District Health Unit and speak with a public health nurse or click on to our web site. ~EALTIj.~Str~~~I\2!? 721-7520 _1-877-721-7520 _ www.simcoehealth.org June 7, 20C .--; ,J ~) SJ -I ~ ORO-MEDONTE HISTORY ASSOCIATION MEETING MINUTES-JULY 8, 2004 Attendance: Sheila Kirkland, Jadeen Henderson, Bruce Wiggins, and Allan Howard Regrets: GeoffBooth and Ruth Fountain Agenda approved as circulated Minutes oflast meeting circulated. Errors/omissions reviewed and minutes amended. Moved by Bruce and seconded by Jadeen to accept minutes as amended. Guest speaker Rita Whiston brought some of her prints of historical buildings in Medonte. She read a play that had been presented on the Musical Barn that she has helped to write for the Coldwater Mill Heritage Foundation. We all enjoyed seeing and hearing such talent from right here in Oro-Medonte. She was thanked by all present. Moved by Jadeen and seconded by Allan that we purchase two sets of her note cards at a cost of$20 for the use ofthe History Association. PASSED. Sheila on behalf of the History Association will send a thank you note to Rita. Business Arising t . Visit to Collingwood museum deferred to September . Financial guidelines were presented as a draft for discussion. Changes incorporated and discussed. Moved by Jadeen and seconded by Allan that the amended guidelines be accepted. PASSED. . Township labels completed on existing books so all correspondence and feedback will come to the Township not to Tim Crawford. . Township will design a donation fonn and Jadeen has proofed one. These records will be kept at the Township in a binder. . Draft Tenns of Reference for membership d('::ferred to next meeting . All members for a decision will bring draft logo for business cards to next meeting. Portfolio Updates .. . African Church 1. Moved by J adeen and seconded by Bruce that if any cost is involved to advertise the hours of operation of the Church that it be paid by the History Association. PASSED. 2. Jadeen instead of Bruce will attend July 11, 2004 service. 3. Draft guidelines for use of the African Church were circulated and discussed at great length. Changes and amendments discussed. Moved by Jadeen and seconded by Allan that the History Association Policy for use of the Oro African Church NHS be submitted to Council for approval. PASSED. 4. Ground radar deferred to next meeting. It . i. Kith'n Kin Subcommittee meeting report given by Sheila. The next meeting is September 7 @ 3 p.m. at Sheila Kirkland's home. The next meeting of the History Association we will discuss legal obligations and time frame for the updated book. New Business t . Financial donations -see correspondence . List of property at Tim Crawford's home 1. Rink light 2. Hinges 3. African Church sign 4. African Church painting 5. Neufeld collection 6. Original Medonte Township seal embosser 7. Medonte book-research materials 8. History Committee plaques of recognition 9. Axe heads from African Church . Jadeen will ask Chris Carter to go with her to Mr. Crawfords to help him sort the items. . Discussion of Oro and Coldwater Fairs next meeting. . Rugby Womens' Institute is fundraising for the Rugby Fire Hall ((oldest one in the Township) and is looking for items to raffle. Moved by Allan and seconded by Bruce that a Medonte Remembered book be given asa prize. PASSED. . Photo of old Guthrie arena requested by a gentleman from Toronto- Sheila will see what we can send him. Correspondence . Heritage meeting in Midland Tuesday October 19, 2004 @ 7p.m. Two or three of us will be going and giving a short report/presentation. Sheila will let them know. . Committee of the Whole report and accompanying letter to Mr. Crawford received. . Two e-mails to Sheila received. Copies of all correspondence to be attached to the minutes. .. Next meeting August 5, 2004 @ 7 p.m. at Quigley's Restaurant. Adjourned 10p.m. Minutes typed by Sheila as recorded by Bruce. It i)d- t FINANCIAL GUIDELINES ORO-MEDONTE HISTORY ASSOCIATION 1. Maximum Association honorarium is $2500 per year to be paid in December of each year. 2. Association has 5 members and each member's honorarium is $500. 3. Mileage for Association business will be reimbursed every three months at the kilometer rate determined by Council's remuneration by-law. Township will issue forms to be used. 4. Operating expenses, i.e.: postage, photocopying, printer cartridges, film & development, archival material, business supplies, registration or entry fees, storage container, etc., to be submitted for reimbursement to the Township Treasurer. Copies of these receipts to be given to the secretary ofthe Association and recorded for use in projecting next years budget. 5. Projects that require funding such as teaching aides, advertisements, historical articles produced by others for use by us, video's, CD's, etc. will be discussed and recorded in our minutes as approved. It 6. Special projects requiring additional funding by the Township will be submitted to Council for consideration through the Association minutes as a motion or resolution of the Association. Examples such as book publishing, road signage, historical plaques, etc. It t . . TERMS OF REFERENCE The Oro-Medonte History Association will be referred to throughout this document as the Association. Purpose 1. To promote history and coordinate the work and plans of the Association. 2. To provide, on behalf of the Council ofOro-Medonte, official representation of the historical efforts in our community and attend or be represented at all special events of historical nature in the community. 3. To assist, encourage, promote, discover, stimulate, identify and resolve historical affairs amongst the citizens of Oro-Medonte so that knowledge and responsibility are encouraged. 4. To make recommendations on historical affairs to Council. 5. To preserve, protect, restore, and maintain historical documents, sites, facts and any other pertinent findings of historical significance as identified by the Association on behalf of the citizens ofOro- Medone. Policy 1. In the conduct of its' affairs and in every phase of its' work the Association shall be non-partisan, non- sectarian and non-racial. It shall be operated for the equal good of all citizens in a democratic manner to ensure that proper opportunity is provided for the expression of opinions and that the rights of minorities are respected. 2. The Association shall not function for the financial gain to individual members. Membership Qualifications 1. An interest in history. 2. A willingness to attend meetings and related events. 3. Lives within the greater Oro-Medonte area. Terms of Office 1. Officers shall be elected and/or appointed at the January meeting for a term of one year, and no person shall serve more than three consecutive terms in the same office. 2. A vacancy in office shall be fined by election held at the meeting following the announcement, with the exception of the Chairperson, in which case the Vice-Chairperson shall automatically become Chairperson and the office of the Vice-Chairperson shall become vacant. 3. The Association shall be comprised of no more than five members plus at least one Councilor, if interested. New members will be sought from the community when a position becomes vacant. 4. Members and officers will be relieved of their duties ifnot doing work: to the satisfaction ofthe Association and/or Council. As well as when shelhe moves from the area. 'I Members should: 1. Attend all meetings, participate and be informed enthusiastic, cooperative and courteous at all times. 2. Be given the opportunity to express their opinion on the subject or motion under discussion. .. 3. Discuss matters :freely and state their opinion (right of the minority), but support the decision of the majority. 4. Have the right to appeal against the ruling of the Chairperson, in which case the Chair asks, "Shall the decision of the Chair stand'?" and take a vote of the members present. Chairperson should: 1. Follow good fonn. 2. Start the meeting on time, speak clearly, and maintain order. 3. Ensure all business is conducted in a prompt, orderly and democratic manner. 4. Preside at all meetings. 5. Make out the agenda with the secretary. 6. Declare a motion lost in the event of a tie vote. 7. Have general supervision of all activities. 8. Advise successor of any unfinished business upon leaving office. 9. Give infonnation, but not make, second or speak to a motion while occupying the chair. 10. Not show prejudice on questions and vacate the chair if wishing to take part in the discussion (Vice- Chairperson shall preside temporarily). 11. Introduce and thank speakers or ensure that someone does these courtesies. 12. Declares the meeting adjourned. Meetings 1. At least ten regular meetings shall be held each year. 2. Sixty percent of the membership shall fOnD a quorum at these meetings. 3. No business shall be transacted unless a quorum is present. Sub-Committees 1. May be elected or appointed by the membership of the Association. 2. Authority and responsibility of the subcommittee should be stated. 3. A meeting of the Association must approve the work of the subcommittee. 4. The subcommittee has no power to add to its numbers unless otherwise stated. 5. A member of the Association will chair the committee or appoint someone in her/his place. 6. The Chairperson of the Association, by virtue of office, is an ex-officio member of all subcommittees and has a vote if elected or appointed to a committee. 7. The subcommittee will dissolve once its purpose or mandate is completed. Sd-CS , ; ~ .,. s~ - \ Oro-Medonte History Association Meeting Minutes August 5, 2004 Attendance: Sheila Kirkland, Jadeen Henderson, Allan Howard, Bruce Wiggins, and Ruth Fountain. Regrets: Geoffrey Booth Agenda as circulated. Minutes of last meeting: Errors, a) delete '@ cost' for Rugby WI, b) under financial guidelines-group costs taken from budget for admission costs Moved by Bruce Wiggins and seconded by Jadeen Henderson that the amended minutes be accepted. PASSED. Business Arising . Amend policy for use African Church to include no food, chairs, tables, pets, etc to be brought into the church by visitors . Terms of reference for the Association reviewed as previously circulated and amended to make quorum sixty percent of members. Moved by Bruce Wiggins and seconded by J adeen Henderson that the amended document by accepted. PASSED. . New logo for the Association - deferred. . Mr. Crawford has not returned all the artifacts belonging to the Township as yet. . ROM letter discussed and the tour is September 15. Chris Carter sent a response to the letter to the ROM administrator. . Oro & Coldwater Fall Fairs-I. Oro fair: discussed participation and Sheila Kirkland will write to the fair board that we are displaying with the Car Club. We can have space in their tent and set up some books for display and sale. 2. Coldwater fair: deferred to next meeting. . Heritage meeting in Midland--deferred. . Ground radar--deferred. Portfolio Updates 1. African Church . J adeen gave a brief report from the service at the site. African minister prayed for their bodies and returning their souls to Africa with him. Very moving for those who witnessed his prayers. . Dowsing-a group wished to visit the graves to dowse for the sites. We anticipate no problem with this. . Bulletin board/teaching aides--deferred. 2. Fundraising/finances . Book pricing and availability-everything available except Kith'n Kin. Moved by J adeen Henderson and seconded by Bruce Wiggins that we . ' . increase the price for wholesale ofthe Medonte book to $32 each. (increase ITom current $22) PASSED. . Jadeen has a list of books and prices to be circulated at next meeting. . Money TD bank-deferred. 3. Infonnation Technology . Web site: redesign web site to point to the Association and show all our history sites and projects. Separate planning meeting for this. Next meeting August 19,2004 at 7 p.m. at Quigleys. Ruth Fountain is entering a WI Tweedsmuir competition with a story "If these walls could talk", and using the Oro Afiican Church as the walls. Meeting adjourned as quorum lost. Remainder of agenda items will be deferred to next meeting. Minutes typed by Sheila Kirkland as recorded by Allan Howard. c;: e -J ;c<- ~QaiuJ ~paC' MUNICIPAL PROPERTY ASSESSMENT CORPORATION RECEIVED I I AUG 6 2001; I 1 I ORO-MEDONTE I TO~NSHIP I August 4, 2004 Mayor J. Neil Craig The Township of Oro - Medonte P.O. Box 100 Oro ON LOL 2XO Dear Mayor J. Neil Craig: I am writing in response to the resolutions and letters we have received from municipalities regarding Ontario's current value assessment system and the Municipal Property Assessment Corporation's (MP AC) service. Weare listening to your concerns and reviewing your suggestions for change. The attached update summarizes our commitments to you and Ontario taxpayers on a number of issues, such as supplementary assessments, severances and consolidations, staffing and municipal enumeration. We believe these initiatives address your concerns and offer real solutions for improving MP AC's products and services delivery. Over the coming months, we will continue working with the Provincial Government, municipal staff and other stakeholders to achieve our common goal of improving the stability, fairness and flexibility of Ontario's property assessment and taxation system. I would like to take this opportunity to invite you to attend MP AC's 2004 Annual Meeting on Monday, October 4,2004. In discussion with the Association of Municipalities of Ontario, this year's meeting will be held at the Counties, Regions and Single-Tier Municipalities Conference in Wellington County on October 3rd through 6th. The meeting provides municipalities with an opportunity to meet directly with MP AC's Board of Directors and senior management. Additional details about the meeting will be communicated to you as they become available. In the meantime, I encourage you and your municipal staff to contact your local Municipal Relations Representative or Arthur Anderson, Director, Municipal Relations at 877-635-6722 extension 6993 to discuss this infonnation or any other concerns and ideas you may have. .. August 4, 2004 Page 2 of2 An electronic copy ofthe attached update has also been sent to all Municipal Clerks and Treasurers, should you wish to have copies distributed to your members of Council. Thank you for taking the time to review the update. I trust you will find it beneficial and informative. Yours truly, /-~ Carl Isenburg President and Chief Administrative Officer Attachment Copy The Honourable Greg Sorbara, Minister of Finance Nancy Naylor, Assistant Deputy Minister, Ministry of Finance Municipal Clerks (via e-mail) Municipal Treasurers (via e-mail) MPAC Board of Directors r'(' "'\ -T ~ J. J @'paC'- Municipal Property Assessment Corporation Over the past several months, municipal councils have raised concerns about a number of issues, including the impact of annual assessment updates on taxpayers, the quality of the Municipal Property Assessment Corporation's (MPAC) assessment and enumeration data, assessed value accuracy, building permit inspections, property severances and apportionments, staffing levels, and the cost-effectiveness ofMP AC's products and services. The property assessment and taxation changes announced as part of the 2004 Provincial Budget and Bill 83 represent a significant step forward for municipalities, taxpayers and MP AC. In particular, the January 1 valuation date will allow our staff to review all of the in-year sales to ensure that assessed values reflect the current market. More time for establishing preliminary values and finetuning values at the local level will enable MP AC to maintain consistent and accurate assessments with each province-wide update. The January 1 valuation date will allow MPAC to expand the Property Assessment Notice mailing window, resulting in better service, more time for taxpayers to review their assessment and, ultimately, fewer assessment-related enquiries at municipal offices. In addition, we will be able to deliver Market Change Profiles earlier, providing municipalities more time to conduct impact analysis, make tax policy decisions and establish tax rates. By working together, the Provincial Government, municipalities, stakeholders and MP AC can implement the right solutions, making Ontario's assessment system less complex and more compatible with property taxation. Public Relations While the concept of current value assessment is easy to understand - property owners can easily relate to an assessed value that reflects a recent valuation date - the methodology used to determine assessments can be confusing. MP AC understands this. To improve taxpayers' understanding of the assessment process, we continue to expand our education and information programs. '" MP AC staff are available throughout the year to attend municipal council and taxpayer association meetings or to sponsor local assessment information sessions. In addition, we will provide municipalities with more information about changes in assessment methodology to ensure you receive advance knowledge of the changes and their potential tax impacts. MP AC will continue to explore new initiatives, similar to AboutMyPropertyTM and the Guide to Property Assessment in Ontario, to help make the assessment process more transparent and easier for taxpayers to understand. July 2004 Page 1 ..,J S"-r: .. ~ ~paC" Municipal Property Assessment Corporation Products and Services Delivery MP AC's fee to municipalities is based on a legislated formula, contained in the Municipal Property Assessment Corporation Act. This formula was designed to strike a balance between the number of properties and the value of assessment in each municipality. As we move forward, MP AC will continue to explore alternative options for generating revenue to help offset the costs charged to municipalities. MP AC provides municipalities with an ever-increasing range of products and services, including: . property valuation and analysis; data collection and on-site inspections; finetuning of values to ensure equity within the local market; Property Assessment Notice preparation and mailing; province-wide taxpayer support through a toll free enquiry line and 36 offices (34 field offices. Customer Contact Centre/Central Processing Facility and Head Office); local taxpayer forums and public information sessions; free assessment reviews through the Request for Reconsideration process; preparation and delivery of municipal assessment rolls; assessment appeal defence; dedicated point of contact for municipalities; election management services; school support maintenance; parcel mapping; omitted and supplementary assessments; quality review and control mechanisms; and value-added products, such as the Market Change Profile and Municipal ConnectTM. . . . . . . . . . . . . . . . We recognize that each municipality has unique requirements. MP AC is interested in meeting your individual needs and we encourage you to work with our Municipal Relations staff to discuss your requirements. While property valuation and analysis are integral components of the current value assessment system, they comprise only a small portion of the overall assessment process. Each ofMP AC's products and services are supported by year-round data collection efforts from a variety of sources: sales transactions from Land Registry Offices, building permits, Requests for Reconsideration (RfR) reviews, assessment appeal reviews and on-site property inspections. July 2004 Page 2 s{ -5 @'pac Municipal Property Assessment Corporation Regardless of the tools and methodology used to calculate assessed values, up-to-date property data is key to detennining accurate assessments. MP AC's property database contains over two billion pieces of data, making it one of the most detailed databases in the world. To maintain confidence in our data integrity, we have enhanced our ongoing property inspection program and set a target to inspect over 300,000 additional properties across the province this summer. This is in addition to the properties that will be inspected as part of our routine inspection program for 2004. Supplementary Assessments As mentioned above, we have stepped up our property inspection program to ensure that a greater number of building pennit investigations are completed earlier in the year. A province-wide assessment update will not be completed in 2004 as a result of the changes announced in the Provincial Budget. However, approximately one million Property Assessment Notices will be mailed this year. These Notices will reflect 2004 in-year changes resulting from our ongoing inspection program, RfR and assessment appeal reviews, Tenant Information Program, and discussions with property owners and municipal staff. Severances and Consolidations MP AC has entered into an agreement with Teranet Enterprises Inc. and the Provincial Government to digitally map the province. The project is more than 85% complete and we anticipate that it will be finished, on schedule, by the end of 2004. As part of this agreement, MP AC is required to follow a contractual schedule throughout the digital mapping build period. This has resulted in service delays for municipalities and inconveniences for taxpayers. We regret this situation and assure you that the service delays will be resolved once the build is complete. In the meantime, our Land Parcel Unit staff are monitoring and reviewing their business procedures to further improve severance and consolidation turnaround times. Property Transfers MP AC's Central Processing Facility (CPF) is currently keying sales transactions received in late-May and early June 2004. During 2003, staff at the CPF processed 447,000 property transfers and 179,000 have been processed in 2004. Our production has improved dramatically during the past year, however, we continue to experience problems with incomplete or inaccurate data on registered land title documents, particularly when a potential severance or consolidation is involved. Quite often, title searches are required to resolve issues, resulting in delays and additional expenses. July 2004 Page. 3 s+- \0 ~paC' Municipal Property Assessment Corporation To resolve these issues, MP AC is working closely with the Ministry of Finance, the Ministry of Consumer and Business Services (MCBS) and Teranet to obtain land title infonnation in an electronic fonnat. Teranet administers the Land Registration system, POLARIS, which is an electronic database used by MCBS. This initiative, together with the improvements already in place, will significantly improve the timeliness and accuracy of ownership changes. Ontario Property Assessment System Database Since 2000, MP AC has been working on ways to improve its assessment computer system and migrate off the Ontario Government's mainframe network. In 2002, we embarked on a major infonnation technology initiative - the Integrated Property System (IPS) project. Currently in development, IPS will replace MP AC's Ontario Property Assessment System (OASYS) which was originally developed in the early I 980s. IPS will bring data collection, valuation and product generation together, better enabling us to meet our legislative requirements. To ensure the project is on track, MP AC's Board of Directors asked for a third party review of the project. At the completion of the review, the Board received a report which confirmed that the IPS design and application development footing is solid. The Report indicates IPS is a sound investment that will deliver the required functionality and efficiencies envisaged in the initial project scope. The report also included a number of recommendations to ensure the successful roll out of IPS, all of which have been endorsed by the Board of Directors. We are confident that these recommendations, together with the progress we have made to date, will place MP AC in a stronger position to successfully deliver the project. The shift from OASYS to IPS is a major undertaking and our priority is to do it right, with no disruption in service to our customers. Over the coming months, we will provide you with more detailed infonnation to ensure a smooth transition. Municipal Enumeration Prior to 1990, MP AC had regular access to births and deaths infonnation directly from Municipal Clerks. Due to an interpretation of the provincial privacy legislation, this infonnation is no longer available to MP AC. As a result, the quality of the municipal voters' lists and the Ontario Population Report have been impacted. July 2004 Page 4 -l ~paC' Municipal Property Assessment Corporation MP AC has been actively pursuing access to the vital statistics data and suggesting that the Preliminary List of Electors delivery date be moved closer to election day. Municipalities have been supportive of these recommendations, and we anticipate discussions with the Province and municipal stakeholders will lead to a favourable business solution. Staffmg MPAC has more than 1,400 pennanent staff located in 36 offices across Ontario. Throughout the year, additional staff are hired on a temporary basis to meet workload demands and serve customers during Property Assessment Notice mail outs. Our local office staff continue to playa key role in providing professional and personal service to property owners who visit the office or are redirected by our Customer Contact Centre. They are also available to assist property owners, either by visiting their property or by attending taxpayer information sessions and municipal meetings. MP AC's organizational structure is dynamic, allowing flexibility to meet the evolving needs of municipalities and taxpayers across the province. We believe our staff offer a wealth of experience, knowledge and expertise. More importantly, they are committed to offering the highest standards of accountability, quality assessment products and exceptional customer service. Closing Comments MP AC has made a number of commitments to municipalities and taxpayers in the past. We have worked hard to meet your expectations and will continue working to meet and exceed them in the future. July 2004 Page 5 ,,II> THE CORPORATION OF THE TOWN8IiIP I r9rv-Of7f6edvde tv,! v' Mhct" :2.*'1, :'2.c03 Ministry of Finance Minister's Office Frost Bldg S 7th Floor 7 Queen's Park Cres Toronto ONM7A lY7 Attention: Hon. Greg.Sorbara, Minister of Finance Dear Sir: 148 Line 7 s., Box 100 Oro, Ontario LOL 2X0 Phone (705) 48772171 Fax (705) 487-0133 www.oro-medonte.ca Please be advised that the Council of The Township of Oro-Medonte, at its meeting of November 5,2003, passed a motion supporting the attached resQlution of The Association of Municipal Tax Collectors of Ontario relating to the assessment of newly registered plans of subdivision. Yours truly, p~ Paul Gravelle B. Math, CGA, AMCT Treasurer e) Paul Gravelle, Treasurer, Memorandum dated October 20, 2003, re: Support of AMTCO Resolution. . Motion No. 23 ~f- 9 Moved by Bell, Seconded by Hough Be it resolved that the memorandum dated October 20, 2003 from Paul Gravelle, Treasurer, re: Support of AMTCO Resolution be received; that the Township of Oro-Medonte support the resolution of The Association of Municipal Tax Collectors of Ontario that the Province be requested to amend the Assessment Act to allow MPAC the legislative authority to issue a "Supplementary" or "Omitted" assessment to reflect any assessment change as a result of the registration of a plan of subdivision; that this authority to issue a "Supplementary" or "Omitted" assessment be effective retroactive to the date of registration of the plan of subdivision during the two years prior to the passage of the legislation; and further that MPAC be required to assess and apportion all development properties in a specified time line in order to better serve the municipalities and their customers, the property owners. Carried. t f) Jennifer Zieleniewski, CAO, re: Rescind Request to Waive Requirements of Zoning By-Law 97-25 (21 Alpine Way) Lot 178, 51M-456 [October 15,2003 Council Resolution #15]. Motion No. 24 Moved by Bell, Seconded by Dickie Be it resolved that Resolution No. #15 from the October 15,2003 Council Meeting which read, "Be it resolved that Report No. ADM 2003-48, Jennifer Zieleniewski, CAO re: Request to Waive Requirements of Zoning By-Law 97-95 (21 Alpine Way) be received and adopted; that Council waive the requirements of the Township Zoning By-Law; that Mr. Reid rectify the deficiencies outlined by RG Robinson dated October 14, 2003; and further that Mr. Reid be advised of Council's decision." be rescinded. II Carried. Page 11 Council Meeting Minutes- November 5, 2003 , TOWNSHIP OF ORO-MEDONTE sr -Ie TO: Jennifer Zielenewski C.A.O. FROM: Paul Gravelle, Treasurer c.c. DATE: October 20. 2003 R.M. FILE NO. SUBJECT: AMTCO resolution regarding plan of subdivisions In regards to the resolution of the Association of Municipal Tax Collectors of Ontario relating to the apportionment of values to individual lots within a plan of subdivision and the creation of roll numbers for these individual lots, I would recommend the Township of Oro-Medonte endorse the resolution. The time lag from the date a plan of subdivision is registered to roll numbers being assigned for the individual lots causes the following problems: tax certificates having to be issued for the whole of the original property rather than the individual lot a delay in processing of sales ofthe individual lots data entry into the property management system of building permit data is delayed A plan of subdivision can be registered early in the current year or even late in the prior year subsequent to the cut~off for the current year's assessment roll. The municipality will not derive . additional tax revenue from the enhanced value ofthe individuallots until the subsequent Year's~ . ~ assessment roB is released. .. \ \ S f!5? ~ 1\J Vv <)ufr;Y'-~ L~~ ~.~ THE ASSOCIATION OF TO MUNICIPAL CLERKS IiECEiWo- DtT 1 8 20{)j . , OFlO"A1ED..', ' .~~~ - - - - . ,- - October 6, 2003 , ' At the 36111 Annual Business Meeting and Professional Development Conference of the Association of Municipal Tax Collectors of Ontario held on Tuesday, September 9, 2003, the following resolution was passed: . Moved by Janet Andersen, Town of Whitby and Seconded by Tim Dwyre, City. of Oshawa: WHEREAS the Assessment Act., Section I 9( I ) requires the Municipal Property Assessment Corporation (MP AC) to assess properties at current value. AND WHEREAS the registration of a plan of subdivision may change a property's current value. AND WHEREAS MP AC has established a Key Performance Indicator that MP AC wiJI assess on the next Assessment Roll all lots and units identified on newly registered subdivision and condominium plans that have been received at MP AC by November 1 of the prior year. AND WHEREAS MP AC has indicated a desire to have the backlog of apportionments cleared up by November 2003 with a future goal of having all apportionments completed within six months of the registration of the plan. AND WHEREAS any delay in MPAC producing these apportionments creates difficulties for municipalities to create properties due to the lack of a roll number to which to apply any payments. AND WHEREAS this delay in the creation of roll numbers does not assist municipalities in providing good customer service to its property owners. AND WHEREAS for Plans registered after November I of each year and before the return of the Assessment Roll a municipality must file a complaint to seek a change in assessment that will recognize the appropriate value for taxation purposes. AND WHEREAS currendy, MPAC does not have the legislative authority to issue a "Supplementary" or "Omined" assessment to reflect any assessment change as a result of the registration of subdivision plans. AND WHEREAS the low assessment values cause a loss of revenue to the levying bodies that alJ of the other property owners must cover. THEREFORE BE IT RESOLVED THAT the Association of Municipal Tax ColJectors of Ontario hereby requests the Province of Ontario to amend the legislation to allow MP AC the legislative authority to issue a "Supplementary" or "Omined" assessment to reflect any assessment change as a result of the registration of a plan of subdivision. FURTHERMORE BE IT RESOL VED THAT this authority to issue a "Supplementary" or "Omitted" assessment be effective retroactive to the date of registration of the plan of subdivision during the two years prior to the passage of the legislation. FURTHERMORE BE IT RESOLVED THAT MP AC be required to assess and apportion all development properties in a specified timeline in order to bener serve the municipalities and their customers, the property owners. AND FURTHERMORE BE IT RESOLVED THAT a copy of this resolution be forwarded to all member municipalities, all tax levying municipalities' and the Municipal Property Assessment Corporation for support. CARRIED Yours truly, ~ Tony Derro, Secretary. Chris Carrier, Chair Fred Nix, Vice-Chair . Wayne R. Wilson, c.A.O. Member Municipalities The B j ue tv"\C)u nta! ns iV\ulrnur Watershed Counties ~ ~ e1Lo s'\ August24,2004 RECEIVED Township of Oro-Medonte Jennifer Zieleniewski, CAO 148 Line 7 South Oro, On LOL 2XO AUG 3 1 2004 ORO-MEOONTE TOWNSHIP Dear Ms. Zieleniewski: RE: USE OF ATV'S ON SIGNIFICANT LANDS WITHIN THE NVCA WATERSHED Further to Byron Wesson's letter of July 9, 2004, at the NVCA Full Authority Meeting of August 13th the Board endorsed the following resolution: MOVED BY: Randolph lanniruberto SECONDED BY: Gretta Gill WHEREAS: Staff have reported current and future environmental damages associated with All Terrain Vehicle (ATV) use on the significant lands within our watershed; and, WHEREAS: There is minimum all around enforcement efforts available to control their use on private, provincial, municipal and NVCA lands; BE IT RESOLVED THAT: The NVCA Full Authority recommend to their respective municipalities that legal A TV travel not be permitted on their municipal roadways. The NVCA would sincerely appreciate your support and receiving your recommended action/comments. If you, or any member of your staff, would like further clarification or information on this, please contact Byron Wesson, Director of Land Management & Stewardship Services, ext. 224. Wayne R. Wilson, B.Sc. CAO/Secretary- Treasurer c: NVCA Chair, Chris Carrier Full Authority Byron Wesson NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 8195 Concession Line 8 Utopia, On LOM 1 TO Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin@nvca.on.ca DoubleTake Signs Inc. 25447 VaIleyview Dr. #60 Baldwin, Ontario, Canada LOE lAO www.doubletakesigns.com August 27,2004 RECEIVED Mayor Neil Craig and Council Township of Oro-Medonte 148 Line 7 South Oro, ON LOL 2XO AUG 3 1- 200' ORO-MEDONTE TOWNSHIP Dear Mayor Craig and Council: I am writing at the suggestion of Andy Karaiskakis of your planning department regarding a matter of interpretation of the spirit of sign bylaw. Weare seeking an exemption of this bylaw to allow for the installation of a 4 ft. x 6 ft. outdoor illuminated sign. The subject property is in the Highway 11 corridor in what is commonly known as "Gasoline Alley." This sign accommodates printed posters, and the images change automatically. It is our proposal to install this sign facing the gas pumps at the retail establishment. (Please refer to the attached diagram). The sign does not show to the general public, only to customers of the gas station after they have entered the property. It is important to note that at no time will the movement of the images be seen in any way by passing traffic, northbound or southbound, on Highway 11. The images will only be visible to customers conducting business at the retail establishment. I have visited the Ministry of Transport in Toronto and provided them with the same diagram you now have. Mr. Kevin De V os, Permits Officer at the Corridor Management Office, advised me that as the only part of the sign visible to the highway is the frame, we would not be in violation of any of Provincial regulations and therefore the Ministry will provide us with a permit. We ask that you consider this comparable to an interior sign in a large retail store, a situation that does not require a municipal permit. The business owner is anxious to begin his advertising and we look forward to a speedy approval of this project. Best regard~ ~ie~~~ Michael J ont.gnS Ir c.c. Mr. Andy Karaiskakis Mr. Kevin De V os ... 4AS S'fM1tJIIJ ,., 1& H wA Y.. .. I j .. ._____. - . 0,,"0"'1-1 abONT. -... . - .-_. --- . -~._... - lIo1\1l41OCMb ------~------". ----, -. i 0 0 ..~ 0 0 0 0 .; lua.Jeer 6... . .-:..........~ ._;~.. ~:. ..~.." '"' :; .... ~ '" .-. . ~ . . . .st)~lJta t www.doubletakesigns.rom The Corporation of the County of Simcoe (705) 726-9300 Fax: (705) 726-3991 Beeton Area (905) 729-2294 CLERK'S OFFICE Telephone Extension 246 Administration Centre 1110 Highway 26 Midhurst, Ontario LOL 1 XO August 27, 2004 Ms. RoseMary Reid City Administrator's Office City of Peterborough, 5000 George St. N., Peterborough, ON K9H 3R9 S 'I Dear Ms. Reid: Re: Peterborough Flood Relief Fund Please be advised that Simcoe County Council at its meeting of August 26, 2004 received correspondence from the Town of Midland regarding financial assistance to the City of Peterborough and adopted the following recommendation of the Performance Management Committee: "WHEREAS the recent flooding in the City of Peterborough resulted in the City declaring a state of emergency; BE IT RESOLVED THAT the sum of $8,000 be allocated to the City of Peterborough Flood Relief Program on behalf of the County of Simcoe member municipalities; AND THAT the said funds be allocated from the General Contingency Reserve." A cheque in the amount of $8,000.00 will be forwarded to you. Should you have any questions, please do not hesitate to contact this office. Yours truly, A'/~ Glen R. Knox, County Clerk. Ipk c.c. Simcoe County Municipalities 905-895-1281 1-800.465.0437 (: 905-853-5881 tail: info@lsrca.on.ca :b: www.lsrca.on.ca o Bayview Parkway x -282 :wmarket, Ontario Y4Xl Leaders Watershed 0<: S\-1 rRJrf"r.' ......~, ..r, ....w_'- .~ For Your Informatioln: I SEP 1 20D4 OAO~MEDO..NTE j TOWNSHIP RE: Funding Grants Available under the Lake Simcoe Water Quality Improvement Program (LSWQIP) We are pleased to inform you that there are funding grants available for water quality improvement projects. The Lake Simcoe Water Quality Improvement Program (LSWQIP) offers funding grants to landowners within the Lake Simcoe Watershed. Applications are accepted throughout the year and reviewed by the LSWQIP committee for approval. We hope that you may find the program to be beneficial to the landowners within your municipality, The enclosed brochure details the types ofprojects funded. Enclosed are flyers for distribution to interested landowners. Applicants are encouraged to contact the LSRCA's office for more information on our funding program, funding availability (varies with each municipality) and approval process. It is important to note that works completed prior to approval will not be considered for funding. All approved projects must be completed with invoicing documentation by November 30,2004 for grant re-imbursement. Applications can be mailed or faxed directly, or downloaded from our website www.lsrca.on.ca. The LSWQIP funding rates and guidelines are outlined on our website. To navigate, follow the link to environmental services and scroll down to Lake Simcoe Water Quality Improvement Program. If you have any questions, please feel free to contact me at (905) 967-0112 ext 236. Yours truly, '~~ Tammy Chung Resource Technician TC/dt Encl. .. I $: I F I LE F E ., I I ~- Ii r is currently acceptin~ ~fant applications from private Quality Improvement Pro~ram from its member municipalities, fundin~ is available to of conservation vvhich reduce son erosion, improve and wild!!fe habitat. These combined efforts wi!! help Simcoe Environmental ,\1ana~ement Strate~y's ~oa! of restorin~ Simcoe's water Quality so that it can once a~ain support a naturany feproducin~ coldwater fishery. The lake Simcoe Re~jon landowners (lSWQIP). a water meet the I I s s are not on a ~C\- \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No.TR2004-22 To: Committee of the Whole Prepared By: Paul Gravelle Subject: Insurance Coverage Department: Treasury - Non Owned Automobiles Council C. of W. Date: August 12, 2004 Motion # R.M. File #: L06-013835 Date: Roll #: II BACKGROUND: II The municipality's insurance program includes coverage for non-owned automobiles. This coverage applies only in excess of the insurance coverage carried on the vehicle owned by the Councillor, Board Member, Officer, Employee or Volunteer for incidents incurred while using their own vehicle on behalf of the municipality. II ANALYSIS: It In order to ratify this arrangement, our insurer requires the attached resolution to be passed by Council. The purpose of the resolution is to make it clearly evident that Council has approved of the arrangement in order to avoid any dispute with the insurer of the Councillor, Board Member, Officer, Employee or Volunteer and exposure to possible liability for the municipality or the Councillor, Board Member, Officer, Employee or Volunteer. It is recommended that Council give favourable consideration to the acceptance of the subscription policy to insure the liability assumed as outlined in the recommendation. ~C\ -1 RECOMMENDA TION(S): II 1. THAT Report No. TR2004-22 be received and adopted. 2. THAT the Corporation of the Township of Oro-Medonte accepts the agreement of the Subscription Policy to insure the liability assumed by this Resolution and does hereby: 1) assume the liability for bodily injury to or death of any person or damage to or destruction of property of others, imposed by law upon: (a) Councillors, Board Members, Officers, Employees or Volunteer Workers of the Corporation of the Township of Oro-Medonte for liability which arises out of the use or operation by such person of a licensed motor vehicle, or (b) the owner of any licensed motor vehicle, for liability which arises out of the use or operation of such licensed motor vehicle Councillors, Board Officers, Employees or Volunteer Workers of the Corporation of the Township of Oro-Medonte 2) declare that such assumption of liability be subject to the following limitations, exclusions and condition: (a) This assumption of liability applies only to the use or operation of a licensed motor vehicle in Canada or the United States of America by Councillors, Board Members, Officers, Employees or Volunteer Workers on behalf of the Corporation of the Township of Oro-Medonte including travel to and from work and attendance at meetings. (b) This assumption of liability applies only in excess of existing insurance carried by the owner of the licensed motor vehicle which was being used or operated by Councillors, Board Members, Officers, Employees or Volunteer Workers at the time of the accident and does not apply unless the licensed motor vehicle which was being used or operated by such person at the time of the accident is insured for not less than the minimum Third Party Liability Limit required by The Insurance Act for the Province of Ontario. (c) This assumption of liability is subject to the agreements, conditions, terms and limit of liability insured in the Non-Owned Automobile Policy issued by the Subscription Policy and shall terminate whenever such Non-Owned Automobile Policy is terminated. Respectfully submitted, " '-t"./= fl. :L~ Paul Gravelle Treasurer CAO ~ Date: , - 2 - Dept. Report No. To: Prepared By: TR 2004-26 Committee of the Whole Bonnie McPhee Subject: Department: Council Treasury Statement of Accounts C.ofW. Date: August September 02, 2004 Motion # R.M. File #: Date: Roll #: TOWNSHIP OF ORO-MEDONTE REPORT Following is the statement of accounts for the month of August 2004. PR00022 PR00025 Date Amount August04,2004 $ 375,008.22 August 11, 2004 299,896.56 August 16, 2004 652.70 August 18, 2004 102,007.12 August 19, 2004 70.70 August 23,2004 1,510.00 August 25, 2004 384,364.09 August 31 , 2004 150.979.99 $ 1,314,489.38 August 07, 2004 $ 75,984.33 August 21, 2004 81,268.53 157,252.86 Total $ 1,471,742.24 Batch No. AC00282 AC00283 AQ00267 AC00284 AQ00268 AC00285 AC00286 AC00287 ~b-d- ECOMMENDATION S : 1. THAT Report No. TR 2004 - 26 be received. 2. The accounts for the month of August 2004 totaling $1,471,742.24 are received. Respectfully submitted, Bonnie McPhee Accounting Clerk C.A.O. Comments: Date: C.A.O. Dept. Head - 2- ~L- Dept. Report No. To: Prepared By: ADM2004-39 Committee of the Whole Jennifer Zieleniewski Chief Administrative Officer Subject: Department: Council Proposed Closure of Road Administration and Conveyance of Lands at C.ofW. the end of Iroquois Ridge, Date: Registered Plan M-9 September 8, 2004 Motion # (geographic Township of R.M. File #: Oro), Township of Oro- Medonte Date: Roll #: TOWNSHIP OF ORO-MEDONTE REPORT BACKGROUND: In 2001, the Township of Oro-Medonte entered into a Letter of Intent with Indian Park Association to facilitate the severance and conveyance of portions of the Indian Park Association common lands with regards to providing ingress and egress to individual landowners abutting those lands. On October 29,2003, the Committee of Adjustment approved the Indian Park Association severance application B-38/03 with respect to severing and conveying the common lands to individual landowners. ANALYSIS: During the review of the proposed severances of the Indian Park Association lands, Township staff became aware that three lots (Lots 118, 119 and 120 on Plan M-9) at the end of the road known as Iroquois Ridge utilize small areas of the road allowance for ingress/egress and parking. (Attachment #1). The topography of the area necessitates this use. The lands in question abut portions of the Indian Park Association lands to be conveyed to the residents of Lots 118, 119 and 120 on Registered Plan M-9. The Indian Park Association lands are designated as Parts 8, 9 and 12 on the attached R-Plan (Attachment #2). This R-Plan is in the process of being registered. The portions of the road allowance proposed for conveyance are designated as Parts 24,25,26 on the same R-Plan. c- The Public Works Superintendent has reviewed the issue and has no concerns with the continued use by the residents of the portions of land comprising the road allowance. Conveyance of these three small parcels would pose no inconveniences to the Public Works Department in the maintenance of the roadway. Given that the portions to be conveyed are insignificant in size, it is recommended that no appraisal be undertaken and that no value be placed on the land. Staff also recommend that Council permanently close those parts of Iroquois Ridge described as Parts 24, 25 and 26 on the attached R-Plan (Attachment #1), declare them to be surplus to the needs of the Township, and further convey the lands to the abutting owners. The road transfer is considered as part of the project and costs associated with the transfer will be charged to the project. ECOMMENDATION S : 1. THAT Report No. ADM2004-39 be received and adopted. 2. THAT Council permanently close those portions of the road allowance known as Iroquois Ridge, Registered Plan M-9 (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Parts 24, 25 and 26 on a plan to be registered by C. T. Strongman, OLS. 3. THAT Council declare those portions of Iroquois Ridge (Parts 24,25 and 26) to be surplus to the needs of the municipality. 4. THAT those portions of Iroquois Ridge, Registered Plan M-9 (Parts 24,25 and 26) be transferred to the abutting owners of Lots 118,119 and 120, Plan M-9 respectively, and that no value be placed on the land. 5. THAT the costs associated with the transfer of lands be charged directly to the project. 6. THAT the Clerk bring forward the appropriate by-laws for Council's consideration. 7. THAT the landowners be advised of Council's decision. Respectfully submitted, ~, ~ >-- ~, - 2 - ------ -:IL fl-r-1f/ulrf/t:M I page 1 01 ' ~ a.. ~ Q n n 00, . .' 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IV " "- )" q~, . .. ?\'N, 74(,)::' 1 - \:)1 , "0 0'.> "- 120 q) 0:0 "'1'11 ',,- , " BLOCK \ \ A \ f( -:;J .- \.- -- -- \"\N, 7 4()') 7 -\)\)'e.'2 \'-1) \ ..-- ...--..-.- -- _/ l- -- -\ 905.895. 1281 1.800.465.0437 905.853.5881 [ail: infu@lsrca.on.ca b: www:lsrca.on.ca ) Bayview Parkway K: 282 wmar.k:et, Ontario l'"4Xl Leaders In Watershed Health lo July 16, 2004 RECEIVED Mr. Keith Mathieson Director of Engineering & Environmental Services Township of Oro-Medonte Box 100 Oro, ON LOL 2XO JUL 2 6 2004 OAO.MEDONTE TOWNSHIP Dear Mr. Mathieson: RE: Nominations for Conservation Awards The Lake Simcoe Region Conservation Authority invites you to celebrate environmental success stories around Lake Simcoe by nominating an individual, business or community group for a prestigious Conservation Award. There are "Environmental Giants" walking among us. They protect our waters, restore wetlands, and empower communities across the watershed to do everything they can to ensure the health and quality of Lake Simcoe - and its $200 million impact to the local economy - remains intact for future generations to enjoy. You can salute your favourite environmental printJradiolbroadcast reporter by nominating them for the LSRCA's Media Recognition Award - or give your local activist(s) a pat on the back by nominating them for the Education, Soil or Water Conservation Awards for protecting your land, your water, and your future. The most significant projects or products of the year may compete for the Conservation Award of Merit. Others who have demonstrated a lifetime ofleadership in conservation, or have completed a project that will have a profound and lasting impact on the watershed, will be considered for the George R. Richardson Conservation Award of Honour. Nominations for this year's Conservation Awards can be made by fiUing out the enclosed fonn and returning it to the LSRCA's Newmarket office on or before September 3rd, 2004. If you wish to attend this gala t:vent, set to take place from 7:00 p.rn. to 9:00 p.m. on Thursday, November 25th, please call Heather at (905) 895-1281, extension 242. F onnal invitations announcing the location will be issued closer to the date of the event. Yours truly, ~p / Roy Bridge Chair Enel. !WIRPIVM{IVTII[ 611!1V15 NPMIIVIITIPN fPRM 10M ~fR(A (PlVf{NIITIPN AwIlR'5 Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Post Office Box 282, Newmarket, Ontario L3Y 4X1 Telephone: (90q) 895-1281 E-Mail: info@lsrca.on.ca Fax: (905) 853-5881 Website: www.lsrca.on.ca Help us celebrate the efforts of individuals, businesses, corporations, and community groups that are working towards improving the health and quality of Lake Simcoe. Please fill out both sides of this form, as well as the attached map and return them to Heather McKinnon, at the Lake Simcoe Region Conservation Authority on or before September 3rt!, 2004. ' All nominations are to be based on conservation works completedfi'om September ]st, 2003 to August 3]st, 2004 with the exception of those completed by the George R. Richardson Conservation Award of Honour candidates. Please note that all photographs, videos and supporting documents submitted become the property of the LSRCA. Please print the name of the individual/group making the nomination: Paul Marshall Phone Number: 705-487-2171 Fax Number: 705-487-0133 Address: c/o 148 Line 7 South, PO Box 100 TownlPostal Code: Oro, ON LOL 2XO E-Mail: Phone Number: 705-720-2490 The individual/group being nominated for an award is: Dr. Anita Beaton North Simcoe Environmental Watch Fax Number: Address: 11 Pratt Road Town/Postal Code: Barrie, ON L4M 2K9 E-Mail: The individual/group IS bemt? nommated for: XX Water Conservation Award _ Soil Conservation Award Recognizes an individual or group which has completed a project that impacts on water quality & wildlife in a positive way. For example: restoring wetland habitat, minimizing runoff, installing rock chutes or drop inlets, etc. Open to: farmers, golf course managers, developers, special interest groups, parks and municipal recreation departments, etc. for their works. _ Media Recognition Award Salutes members of the media for their ongoing coverage and interest in the environment, over the course of the last year. Open to: print and electronic media, as wen as columnists and reporters. Presented to an individual or group which has completed a project that positively impacts the region's soil, flora & fauna. For example: planting cover crops, windbreaks, buffer strips, etc. Open to: farmers, golf course managers, developers, special interest groups, parks and municipal recreation departments, etc. for their works. Conservation Award of - Merit Recognizes demonstrated leadership of conservation efforts by implementing, or financing, the most significant project or product of the year. Open to: community groups, service clubs, businesses, etc. Education Award - . Honours an individual or group which has delivered an innovative environmental educational program or service to schools, students and/or the community at large. Open to: teachers, school boards, special interest groups and youth groups for their programs. _ George R. Richardson Conservation Award of Honour This is the most prestigious award to be won. It recognizes those who have demonstrated a lifetime commitment to the LSRCA's goals, or have just completed a project which is destined to have a profound and lasting impact on the health and quality of Lake Simcoe and its watershed. 1. Areas of Distincdon: Please illustrate how your candidate is best suited to win the award they have been nominated for by reviewing their roles in specific projects, programs, or services which have had a positive impact on the health and quality of Lake Simcoe and its community. (Please Print.) Donated $919.40 towards stream gauge project on the Hawkestone Creek tQ support a more comprehensive monitoring program on the Oro Moraine Watershed. (If necessary, please continue on another page and attach to this form.) 2. Biographical Outline: Trace the evolution of the nominee's interest in the environment, and state why you think they have been so successful in their conservation efforts. Please mention their volunteer or employment experiences which may be relevant ( include dates, type of work done, and positions held.) North Simcoe Environmental Watch recognized the need for appropriate data. They hope their funding will stimulate funding from other sources. 3. Educadon Profile: Institution Degree / Diploma Area of Speciality Graduation Year 4. Honours: Please list any professional, community, or educational awards the candidate has earned. 5. SUpporting Material Please attach newspaper clippings, reports, photographs and other materials which support your nomination to this form. All items submitted become the property ofthe LSRCA. 6. Project! Candidate's Area: Please locate your candidate's work! project site on the map attached. Please Sign: In keeping with our environmental values it is important that the nominee you have put forth is respected, known for their integrity, and is beyond reproach. You are also confirming that no environmental infractions were made, or charges laid, regarding works completed by the nominee. Paul Marshall September 3, 2004 Signature of the person or group making the nomination Date The information in this survey is collected under the Conservation Authority Act, R.S.O. 1990, c.M. and will only be used for the purpose(s) as expressed in this survey. Persona) information will not be shared with other organizations without your express permission. C:\ WINDOWSITEMPlnomform2004. wpd ~ € ~\ . Dept. Report No. TR2004-24 To: Committee of the Whole Prepared By: Paul Gravelle Subject: Public Notice Department: Treasury Council Relating to improvements in efficiency and effectiveness C.ofW. of service delivery Date: August 25,2004 Motion # R.M. File #: Date: Roll #: TOWNSHIP OF ORO-MEDONTE REPORT BACKGROUND: S. 300(1) of the Municipal Act, 2001 stipulates that: A municipality shall, at least once each calendar year, provide notice to the public of, a) improvements in the efficiency and effectiveness of the delivery services by the municipality; and b) barriers identified by the municipality to achieving improvements in the efficiency and effectiveness of delivery of services by them. 'I ANALYSIS: II . Please find attached a draft public notice for Council's consideration. II RECOMMENDATION(S): I~ 1. THAT Report No. TR2004-24 be received and adopted. 2. THAT the draft public notice contained in the said report be posted on the Township's website. R~spectf'ully submitted. p~ Paul Gravelle Treasurer C.A.O. Comments: Date: C.A.O. CY:J ^~ J Dept. Head - 2 - ~ ') TOWNSHIP OF ORO-MEDONTE 2003 REPORT IMPROVEMENTS IN THE EFFICIENCY AND EFFECTIVENESS OF SERVICE DELIVERY The Ministry of Municipal Affairs, pursuant to Section 300 of the Municipal Act, 2001, requires Ontario municipalities to report on: a) improvements in the efficiency and effectiveness of the delivery of services by the municipality b) barriers identified by the municipality to achieving improvements in the efficiency and effectiveness of the delivery of services by them Please find described below details relating to improvements implemented in 2003. Council and Staff of the Township of Oro-Medonte shall continue to strive to improve the efficiency and effectiveness of service delivery. IMPROVEMENT IN EFFICIENCY & EFFECTIVENESS OF SERVICE DELIVERY Roads Maintenance - Sweeping: At the suggestion of unionized staff, two shifts, being Monday to Wednesday and Thursday to Saturday, were created. Each workday was 14 hours in length. The two hours in excess of the nonnal 40 hour workweek was paid at the regular hourly rate. This allowed the sweeping program to be completed in considerably less time than it would have taken othef\Vise. Parks and Recreation Facilities: The shifts for Parks staff were rescheduled such that weekends were covered. This allowed for daily maintenance of major parks and recreation facilities and eliminated the need for overtime on weekends when the facilities were being utilized for special events. TOWNSHIP OF ORO-MEDONTE REPORT DEPT. REPORT NO.: TO: COUNCIL PREPARED BY: EES2004-38 Keith Mathieson SUBJECT: DEP ARTMENT: COUNCIL: Huronia Homes Ltd. Phase II Subdivision Agreement. PT. E Y2 Lot 36, Concession I, Environmental Services C. of W.: EP.R. Oro, Pt. 14, 51R-16674; Pt. Lot 35, Concession 1, EP.R. Ora Parts 20, 21 & 22, 51 R-1667 4; Pt. Rdal. Btn. Lots 35 & 36, DATE: MOTION #: Concession 1 September 1, 2004 Closed By-Law #'s R01217300 & R01385345; Ora Pts. 16, 17 & 18, 51R -16674 DATE: Being all of PIN # 58534-0157 (Lt) R. M. FILE NO.: Block 25, Plan 51 M-676 L04-9628 Being all of PIN #58534-0191 (Lt) Twp. of Oro-Medonte Huronia Homes Development is a 44 lot Subdivision located on the North side of Bidwell Road East of Line 1 North. In May 2000 the Township of Oro-Medonte entered into a subdivision agreement with Huronia Homes Ltd. to construct the first phase consisting of 24 lots. Huronia Homes Limited is now requesting that the Township enter into an agreement to construct Phase 1\ consisting of 20 lots and Park Block on Hemlock Crescent. The owner has satisfied all the Township Requirements and posted the required letter of credit. RECOMMENDA TION(S 1. THAT Counsel receive and adopt Report # EES2004-38 2. THAT the Township of Oro-Medonte enter into a subdivision agreement with Huronia Homes Limited for Phase I!. 3. TtiAfih'e Clerk prepare the appropriate By-Law for Counsel's consideration. 4'/AN~~AT the owner be notified of Counsels' decision. R~tfUJIY submitted, K~thieSOn SUBDIVISION AGREEMENT - between - HURONIA HOMES LTD. (PHASE II) - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS pt. E. % Lot 36, Concession 1, E.P.R. Oro Pt. 14, 51R-16674 Pt. Lt. 35, Concession 1, E.P.R. Oro Pts. 20, 21 and 22, 51R-16674 pt. Rdal. Btn. Lts. 35 and 36, Concession 1 Closed By By-law #'s R01217300 and R01385345 Oro Pts. 16, 17 and 18, 51R-16674 Being all of PIN #58534-0157 (Lt) Block 25, Plan 51 M-676 Being all of PIN #58534-0191 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE March, 2004 By-Law No. /public works/2004 subdivision agreements/standard subdivision agreement TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The 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 Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "0" - Itemized Estimate of Cost of Construction of Each Part of the Works Schedule "E" - List of Lots Unsuitable for Building Purposes and/or List of Lots 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 uK" - Standard Township Letter of Credit 2 TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the day of ,2004. BETWEEN: HURONIA HOMES LTD. (PHASE II) (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- T -91016) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise. of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: 3 PART - 1 ~O\-~ 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. It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. 4 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. LA YERlLEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (2) The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LA YERlLEVEL PL LT 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". 1.1.11 To furnish the Township with a certificate with respect to each lot or building block for which a Building Permit application is made, certifying that the proposed construction is in conformity with the General Location and Lot Grading Plan or with an approved variation; (NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). 1.1.12 To prepare and provide the Township, for each lot or block within the plan, a certificate of final grade elevation, indicating that the property has been developed in conformity with the General Location and Lot Grading Plan or with an approved variation (NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner). 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. 5 ~ 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: Huronia Homes Ltd. 24 Tannery Court RICHMOND HILL, Ontario L4C 7V 4 730-0811 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. 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 Section 51.5 of the Planninq Act. R.S.O. 1990. c.P.13 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. 6 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 ELECTRICITY AND TELEPHONE Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electricity supplier and from the telephone supplier, stating that the Developer has entered into a satisfactory agreement(s) 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 private companies' plant and equipment, 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 accommodated in temporary facilities out of the neighbourhood schools' 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 mailboxes by Canada Post. 1.12 MINISTRY OF THE ENVIRONMENT The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the Hydrogeologist's Report prepared by Ian Wilson Associates Ltd. dated March 22, 1992: a) Wells should only be constructed into the water supplies that had their quality confirmed through testing; b) Elevated iron concentrations are possible and may require treatment for aesthetic reasons. 1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses, 1 .1.11, 1.1.12 and Note of 1.1, 1.10,1.11,1.12,5.5,5.7.2,7.3,7.9,7.16,8.1,8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8 and Schedule "F", to each prospective purchaser of a lot(s). 7 1.14 SAVE HARMLESS 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. 1.15 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 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 liB". 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 prepared on March 9, 2000, listed in Schedule "C" of this Agreement, along with the Storm Water Management Study prepared by C. C. Tatham and Associates Ltd., dated July, 1999: DrawinQ No. Description 51M- 97202-GS-1 97202-GS-2 97202-STM-1 97202-SC-1 97202-LG-1 97202-LG-2 97202-PP-3 97202-0-1 97202-0-2 97202-0-3 97202-0-4 97202-0-5 Legal Plan of Subdivision General Servicing Plan General Servicing Plan Storm Drainage Plan Siltation and Erosion Control Plan Overall Lot Grading Plan Overall Lot Grading Plan Plan & Profile - Hemlock Crescent - Sta.O+OOO to Sta.0+260 Plan & Profile - Hemlock Crescent - Sta.0+260 to Sta.0+460 Plan & Profile - Hemlock Crescent - Sta.0+460 to Sta.0+736 Details and Notes Details and Notes Details and Notes Details and Notes Details and Notes 97202-PP-4 97202-PP-5 This Agreement applies only to Phase II of the development consisting of lots and Parkland block on Hemlock Crescent, for a total of 20 lots. 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 2.4.3.2 2.4.3.3 2.4.3.4 2.4.3.5 Ministry of the Environment Electrical Distribution Utility Township of Oro-Medonte Nottawasaga Valley Conservation Authority County of Simcoe 9 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: 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule "A" - Schedule "B" - Schedule "C" - Schedule "D" - Schedule "E" - Schedule "F" - Schedule "G" - Schedule "H" - Schedule "I" Schedule "J" - Schedule ilK" - 2.7 SUBDIVISION CHANGES Description of lands Affected by this Agreement 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. 10 PART - 3 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 Mortqaqe/Charqe - file with the Township solicitor, for his approval, a postponement of Mortgage/Charge document. 3.1.4 Cash Deposits, Development Charqes and Security - have paid to the Township all cash deposits, development charges and security required by Schedules "0" and "F". 3.1.5 Construction/Enqineerinq Plans and 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 Electricity - 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 Consultinq Enqineer'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. 3.1.11 Approvals - obtain and file with the Township, confirmation approvals from the following: 11 3.1.11.1 Ministry of the Environment 3.1.11.2 Electrical Distribution Utility 3.1.11.3 Township of Oro-Medonte 3.1.11.4 Nottawasaga Valley Conservation Authority 3.1.11.5 County of Simcoe 3.1.11.6 Simcoe County District School Board 3.1.11 .7 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 Mvlars - provide for registration, Mylars of all Plans incorporated into this Agreement as Schedules. 3.1.14 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 PRE-CONSTRUCTION REQUIREMENTS 4.1 Prior to starting construction of the subdivision works, the Developer shall: 4.1.1 Plan Reqistration 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 Electrical, Telephone and Gas; iv) the road and sewer plans and profiles. 4.1.3 Certificate of Approval Submit to the Township, the Ministry of the Environment's Certificate of Approval for Storm Sewer Works. 4.1.4 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineer. The Township and Township Engineer are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.5 Schedulinq 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 4.1.8. 4.1.6 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. 13 A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineer and the Nottawasaga Valley Conservation Authority. 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 Plan for approval by the Township Engineer and the Nottawasaga Valley Conservation Authority. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineer and the Nottawasaga Valley Conservation Authority. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. 4.1.7 Siqns Signs at least 1.2 metres by 1 .8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township Engineer, and the signs shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). 4.1.8 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineer, of his intent to commence work. The Developer shall complete the works expeditiously and continuously 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 4.2 BREACH OF AGREEMENT If the Developer commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. 15 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 Utility 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 electrical 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. 16 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 Municipal Act, 2001, S.O. 2001, c.25 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 and applicable development charges of any Public Utility. 5.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said work as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "K" with an automatic renewal clause, in the amount of one hundred percent (100%) of the estimated costs of the said works, as set out in Schedule "0" and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed, as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of the works, as set out in Schedule "0", will be reviewed and updated by the Township Engineer on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township Engineer, within thirty (30) days of notice, by registered mail, from the Township Engineer. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineer, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in Schedule "0" is greater by 10% than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. 17 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) Exceedinq 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) 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 retumed 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 18 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 Gradinq Deposit - the Developer shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General Location and Lot Grading Plan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be retumed. 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee hOldbacks, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its 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 Policv 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. 5.10.2 Comprehensive General Liabilitv/Environmentallmpairment Liabilitv - 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, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS (5,000,000.00), and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 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. 19 5.10.4 Certificate of Coveraqe - any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c) and (d) above and are in effect. 5.10.5 Confirmation of Premium Payment - the Developer shall, from time to time as required by the Township, provide confirmation that all premiums on such policy or policies insurance have been paid, and that the insurance is in full force and effect. The Developer shall see that a copy of the policy is filed with the Township. 5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, and for which it may be held responsible. 20 PART-6 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. This Agreement applies only to Phase II of the development consisting of lots and Parkland block on Hemlock Crescent, for a total of 20 lots. 2J PART-7 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, if one is to be located within the plan, in areas where there is not a sufficient growth of trees. 7.4 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineer. 22 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. 23 7.10 INSPECTION OF CONSTRUCTION OF SERVICES 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. 24 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 electricity and street lighting, and storm sewer system, 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 (Municipal 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 J The Developer agrees that: I. The works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. II. Such use shall not be deemed an acceptance of the works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the works so used. 7.16 DRAINAGE AND lOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall Grading Plan 97202-LG-2 prepared by C. C. Tatham & Associates Ltd., and approved by the Township Engineer and the Township of Oro-Medonte. Some fill and regrading of lots may be necessary 25 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 427 of the Municipal Act. 2001. 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 97202-LG-2 prepared by G. G. Tatham & Associates Ltd., and approved by the Township Engineer and the Township of Oro-Medonte. 7.17 PARKLAND WORKS I. All parkland works indicated on Drawing LG-2 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. 7.18 DEFINITIONS For the purposes of this Subdivision Agreement (i) The term "Underground Services" shall mean the storm drainage works (including culverts and storm sewer), underground electrical distribution system, and street lighting serving the Plan of Subdivision, as more particularly described in Schedule "G" to this Subdivision Agreement. 26 (ii) The term "Certificate of Substantial Completion and Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal 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 (Municipal Underground Services) shall not constitute an assumption of the Municipal Underground Services by the Township. (iii) The term "Certificate of Maintenance and Final Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal 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 Municipal 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. if (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. (vii) The term "Certificate of Substantial Completion and Acceptance" means a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) or a Certificate of Substantial Completion and Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. (viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Municipal Underground Services) or a Certificate of Maintenance and Final Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. 27 PART-8 BUILDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE 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 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 comers and mid-lot elevation. e) location and type of proposed water. 8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed Site Development Plan for each lot may be required to be prepared by a Professional Engineer registered with the Association of Professional Engineers of Ontario, experienced in private sewage system design, for approval by the Township Engineer, prior to the issuance of a Sewage System Permit for each respective lot. Site Development Plans, which conform to the overall Lot Development Plan at an approved metric scale using metric dimensions and elevations, shall include the following: a) the location, dimensions and elevations of the proposed dwelling and any structures to be located on the lot, as well as any adjacent structures on the adjacent lot(s). b) the location, size and elevation of the sewage system, all engineering design criteria and standards pertaining thereto, shall be provided. c) the location and type of water well, including the water service line to the dwelling. :I d) the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed. e) the location and grades of any proposed drainage swales. f) the Professional Engineer will be required to check the elevations of the footings of the buildings prior to further construction to ensure conformity with the approved Plans noted above. g) the Professional Engineer will be required, prior to the issuance of a Final Inspection Report, to certify to the Township of Oro-Medonte, 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 Plans 97202- LG-1 and 97202-LG-2, Storm Drainage Area Plan 97202-STM-1, and Erosion Control Plan 97202-SC-1, all prepared by C. C. Tatham & Associates Ltd., to the satisfaction of the Township of Oro-Medonte and the Township Engineer. The Developer further agrees to advise all prospective lot owners of the requirement that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 8.2 REQUIREMENTS FOR BUILDING PERMITS The approval of the Plan by the Township, or the acceptance by the Township of the works, shall not be deemed to give any assurance that the Building Permits, when applied for, will be issued in respect of the Jots or blocks shown on the Plan. Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) Township of Oro-Medonte approvals have been obtained and submitted to the Township. The Township of Oro-Medonte sewage approval authority requirements are set out in Clauses 7.16 and 8.1. (ii) The Storm Water Management System has been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Municipal Underground Services). (iii) Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved. (iv) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "B" sub-base, has been constructed on the road providing access to the lot. (v) Approval of the Township Engineer has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vi) Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.7. I (vii) A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Lot Grading Plans, or has received the approval of the Township Engineer with respect to any variance to the Grading Plan. The individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a Building Permit. (viii) All dead trees within the limit of the Plan have been removed, (ix) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.4. (x) The parkland must be completed to the satisfaction of the Township, as per Section 7.17. 29 (xi) The Traffic and Street Name signs have been installed and approved by the Township Engineer. (xii) Any development charges have been paid, in full, in accordance with the applicable development charge By-Laws, enacted pursuant to the Development Charqes Act. 1997, as well as By-Laws enacted pursuant to Section 257.53 of the Education Act, or alternate arrangement satisfactory to the body enacting the development charge By-Law, have been made and the same has been communicated to the Chief Building Official for the Township of Oro-Medonte, in writing, by such a body. 8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "E", the Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 8.4 MUNICIPAL ADDRESS SYSTEM The Developer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the afore-mentioned 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. , (ii) The underground electrical, telephone lines, gas mains and street lights have been installed and approved by the Township Engineer. (iii) A Certificate Letter and individual Lot Development Plan has been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading of the lot or block, is in conformity with the General Location and Lot Grading Plans, or such variance therefrom has been approved by the Township Engineer. The final grading on the individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. 30 FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv) Driveway culvert and end protection has been provided to the satisfaction of the Township, in accordance with the Township's Road Occupancy Permit. (v) The trees have been planted on the lot by the Developer in accordance with Clause 7.3. (vi) Any deficiencies on a Provisional Certificate of Occupancy has been complied with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of the dwelling for any lot or part of a lot on the said Plan. 8.6 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 8.5 are installed to the home occupied to the satisfaction of the Township Engineer, then the Developer agrees to pay to the Township, liquidated damages in the amount of ONE HUNDRED DOLLARS ($100.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township Engineer that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing under this clause within thirty (30) days of the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. 31 PART-9 MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF MUNICIPAL 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 (Municipal Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal 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 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 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 Jots 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 427 of the Municipal Act, 2001. 34 PART -10 - DEFAULT PROVISIONS .qc\-3\D 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or Occupancy Permits, and the Developer agrees not to apply for any Building Permits 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, Township of Oro-Medonte 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 Govemment or of the Township. 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 427 of the Municipal Act. 2001. 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 ,2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per J. Neil Craig Title Mavor Per Marilyn Pennycook Title Clerk :~rRA=: _L~~:~E II) - D Title \~ i) C A, rJ//l/v('C Per Title 35 ~ SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD. (PHASE II). 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: Pt. E. Y2 Lot 36, Concession 1, E.P.R. Oro Pt. 14, 51R-16674; Pt. Lt. 35, Concession 1, E.P.R. Oro Pts. 20, 21 and 22, 51R-16674; Pt. Rda!. Btn. Lts. 35 and 36, Concession 1 Closed By By-law #'s R01217300 and R01385345, Oro Pts. 16, 17 and 18,51 R- 16674, being all of PIN #58534-0157 (Lt); Block 25, Plan 51 M-676, being all of PIN #58534-0191 (Lt), Township of Oro-Medonte, County of Simcoe 36 SCHEDULE"B" '1 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD. (PHASE II). PLAN OF SUBDIVISION 51M- 37 SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES lTD. (PHASE II). WORKS TO BE CONSTRUCTED . Complete roadway construction, including excavation, granular roadbed materials, curb and gutter, as required, two lifts of asphalt, topsoil, and seeded boulevards with sod and erosion control measures, as required. · Storm Drainage works, including ditches, culverts, storm sewer, perforated subdrain, and fencing outlet drainage ditch. . Street and traffic signs. . Underground hydro, telephone and streetlighting. . Parkland The above works are iFlcorporated onto the following Engineering Drawings prepared by C. C. Tatham and Associates Ltd., Project #97202, Municipal Affairs No. 43-T- 91016, stamped, as accepted, by the Township Engineers, R. G. Robinson and Associates (Barrie) Ltd., dated July 4,2000: DrawinQ No. Description 51M- 97202-GS-1 97202-GS-2 97202-STM-1 97202-SC-1 97202-LG-1 97202-LG-2 97202-PP-3 97202-PP-4 Legal Plan of Subdivision General SeNicing Plan General SeNicing Plan Storm Drainage Plan Siltation and Erosion Control Plan Overall Lot Grading Plan Overall Lot Grading Plan Plan & Profile - Hemlock Crescent - Sta.O+OOO to Sta.0+260 Plan & Profile - Hemlock Crescent - Sta.0+260 to Sta.0+460 Plan & Profile - Hemlock Crescent - Sta.O+460 to Sta.0+736 Details and Notes Details and Notes Details and Notes Details and Notes Details and Notes 97202-PP-5 97202-0-1 97202-0-2 97202-0-3 97202-0-4 97202-0-5 This Agreement applies only to Phase II of the development consisting of lots and Parkland block on Hemlock Crescent, for a total of 20 lots. 38 SCHEDULE "0" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEOONTE AND HURONIA HOMES LTD. (PHASE II). 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) Roadway construction complete, including clearing and grubbing, excavation, granular road base materials, concrete curb and spillways and two lifts of asphalt.. ..... ,........... ..................... ......... ................... ..... ....... .$269,600.00 8) Storm Drainage works complete, including storm sewers, ditch inlet catchbasins, culverts, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices................................................................ ...$ 52,130.00 C) Miscellaneous items such as street name and regulatory signs................................................................$ 4,000.00 D) Electrical supply, including street lights, control panels and duct crossings............................................$ 7,500.00 E) Parkland works, including grading, trees, fence and park sign................................... ................. ..............$ 3,056.00 SUB-TOTAL $336,286.00 F) Allowance for Engineering and supervision.........................$ 33,628.60 TOTAL $369,914.60 $ 25,894.02 7% G.S.T. GRAND TOTAL COST $395,808.62 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 HURONIA HOMES L TO. (PHASE II). LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES AND/OR LIST OF LOTS REQUIRING SPECIAL ATTENTION See Clause 8.1, which sets out specific requirements for all lots on the Plan in order to obtain a Building Permit for each and every lot. 40 SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD. (PHASE II). 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, pursuant to the Development Charges Act, 1997. S.O. 1997, c.27, 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 CharQes Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990. c.E.2, may be amended or superceded by subsequent By-Laws enacted in accordance with the respective legislation. 41 SCHEDULE"G" 1C\~\.13 NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD. (PHASE II). 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 Block 22 Block 23 Block 24 Block 25 0.30 Reserve 0.30 Reserve 0.30 Reserve 0.30 Reserve Plan 51 M- Plan 51 M- Plan 51M- Plan 51 M- 2.0 PARKLAND Block 21 Parkland 3.0 HYDRO EASEMENT To be conveyed to Hydro One upon completion of the hydro plant through Block 21 42 NOTE: PARKLAND Block 21 SCHEDULE"H" It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD. (PHASE II). 51M- 43 SCHEDULE "I" ~C1 - '5 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 HURONIA HOMES LTD. (PHASE II) 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. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead; 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 behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. HURONIA HOMES LTD. (PHASE II) Seal or Witness Date 45 SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND HURONIA HOMES LTD. (PHASE II). 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 d;~ ORIGINAL Rt.JEI"ED JUN' 100l OAb-MEDONTE TOWNSHIP RBC ~ ~kll Roya1 Bank 1M PAGE: 1 INT'L TRADE CENTRE -ONTARIO 180 WELLINGTON ST WEST 9TH FLOOR TORONTO, ONTARIO, M5J 1J1 ' CANADA " .TE OF ISSUE: MAY 28, 2004 OUR REFERENCE NUMBER: P318817T07512 DATE OF EXPIRY: MAY 27, 2005 PLACE OF EXPIRY: TORONTO, ONTARIO mEFICIARY: IE CORPORATION OF THE TOWNSHIP OF to- MEDONTE b8LlNESEVEN, SOUTH, W, ONTARIO LOL 2XO APPLICANT: HURONIA HOMES LIMITED 24 TANNERY COURT RICHMOND HILL, ONTARIO L4C 7V4 AMOUNT: CAD 330,000.00 ". . THREE HUNDRED THIRTY THOUSAND AND 00/100'S CANADIAN DOLLARS RREVOCABLE STANDBY LETTER OF CREDIT NO. P318817T07512 E HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK OF CANADA, INTERNATIONAL TRADE ENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO, M5J 1Jl, FOR THE CCOUNTOF HURONIA HOMES LIMITED, UP TO AN AGGREGATE AMOUNT OF THREE HUNDRED HIRTY THOUSAND AND 00/100'S CANADIAN DOLLARS (CAD.330,000.00) WHICH IS VAILABLE ON DEMAND. 'URSUANT TO THE REQUEST OF OUR SAID CUSTOMER, HURONIA HOMES LIMITED, WE, ROYAL ,ANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, 'ORONTO, ONTARIO M5J IJ1, HEREBY ESTABLISH AND GIVE YOU AN IRREVOCABLE LETTER OF :REDIT IN YOUR FAVOUR, IN THE ABOVE AMOUNT, WHICH MAY BE DRAWN ON BY YOU AT ANY 'IME AND FROM TIME TO TIME, UPON WRITTEN DEMAND FOR PAYMENT MADE UPON US BY YOU d~ df) ,'~ . OrH~n\' ^L .' "-t," ,\ -1 E t..,/_ l~i,-",.~\i1 .. RBC RoyaJ Bank 1,c" q TM P318817T07512 PAGE: 2 2H DEMAND WE SHALL HONOUR WITHOUT ENQUIRING WHETHER YOU HAVE A RIGHT AS flEEN YOURSELF AND OUR SAID CUSTOMER TO MAKE SUCH DEMAND AND WITHOUT JGNIZING ANY CLAIM OF OUR SAID CUSTOMER OR OBJECTION BY THEM TO PAYMENT BY AND SHALL BE MADE BY WAY OF A LETTER SIGNED BY AN AUTHORIZED SIGNING OFFICER THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, AND MUST BE PRESENTED TO US NG WITH THE ORIGINAL LETTER OF CREDIT, AT ROYAL BANK OF CANAD~, INTERNATIONAL DE CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO M5J 1J1. : LETTER OF CREDIT, WE UNDERSTAND, RELATES TO AN AGREEMENT BETWEEN OUR SAID :TOMER AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE REGARDING BLOCK 25 .N 51M-6760RO-MEDONTE (PLN NO.58534-0191) AND THE ROAD ALLOWANCE BETWEEN LOTS & 36 CON 1 IEPR ORO-MEDONTE PLN NO.58534-0157. ' ~ AMOUNT OF THIS STANDBY LETTER OF CREDIT MAY BE REDUCED FROM~TIME TO TIME AS TISEDBYNOTICE GIVEN TO US IN WRITING SIGNED BY AN AUTHORIZED SIGNING OFFICER' THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. ZTIAL DRAWINGS ARE PERMITTED. IS LETTER OF CREDIT WILL CONTINUE IN FORCE FOR A PERIOD OF ONE YEAR, BUT SHALL SUBJECT TO THE CONDITION HEREINAFTER SET FORTH. ISA CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY TENDED WITHOUT AMENDMENT FOR ONE YEAR PERIODS FROM THE EXPIRY DATE HEREOF, OR Y FUTURE EXPIRATION DATE, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO ANY SUCH PIRY DATE, WE SHALL NOTIFY YOU BY REGISTERED MAIL OR COURIER"AT YOUR ADDRESS 'ECIFIED ABOVE, OR ANY OTHER YOU HAVE ADVISED TO THIS DEPARTMENT IN WRITING, [AT THIS LETTER OF CREDIT WILL NOT BE EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. ~CEPT AS OTHERWISE EXPRESSLY STATED THIS CREDIT IS ISSUED SUBJECT TO lIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), ICC IDLICATION NO. 500. ~ ENGAGE TO HONOUR PRESENTATIONS SUBMITTED WITHIN THE TERMS AND )NDITIONS INDICATED ABOVE. 4-. ~) ~... .. ., CrR\G\t\lAL RBC Roya1 Bank. 1C\ -150 ' 1M -"\ J.. FIGUEREDO P318817T07512 PAGE: 3 .' '.' _ _ _ {d J 12 fjv'L JJA _e_(~~rJ. " OTHER SIGNATURE THIS DOCUMENT CONSISTS OF 3 PAGE (8). A.PEUCIRA' ". TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. Bd2004-08 To: Council Prepared By: Ronald M Kolbe Subject: Department: Building Report Council July 2004 Building C. of W. Date: August 3, 2004 Motion # R.M. File #: Date: Roll #: ACKGROUND: Buildinq Permit June 2004 Year to Date June 2003 Year to Date Update 2004 2003 Number of 109 511 115 495 Permits Construction $7,257,752.00 $33,509,161.00 $9,296,062.00 $40,960,256.00 Value Permit Fees $66,183.00 $296,763.00 $64,817.00 $354,069.00 Part 8 Permit $10,550.00 $65,754.00 $16,050.00 $70,985.00 Fees ~ 25 Single Family Dwellings in July bring the total for 2004 to 121 1. THAT Report No. Bd2004-08 be received. Respectfully submitted, f~~ Ronald M. Kolbe, CBCO, AscT, MAATO Director of Building/Planning Development C.A.O. Comments: C.A.O. Date: ~~ Dept. Head - 2 - Permit Summary Township of Oro-Medonte From 2004/01/01 to 2004/12/31 Totals Construction Type Outstanding Complete Deficient Cancelled Permits Value Fees ACCADD 2 0 0 0 2 $97,700.00 $1,038.18 ACCBLDG 27 0 0 0 27 $850,700.00 $7,557.00 ACCDEM 0 0 0 $0.00 $50.00 ACCREN 2 0 0 0 2 $12,000.00 $150.00 ADDITION 0 0 0 $48,048.00 $409.00 AGR 6 2 0 0 8 $181,163.00 $1,831.00 AGRDEM 0 0 2 $0.00 $50.00 ChangeUse 23 0 0 24 $0.00 $900.00 COM 3 0 0 0 3 $93,500.00 $837.00 COMADD 0 0 0 $45,000.00 $377.00 COMREN 3 0 0 0 3 $331,000.00 $1,985.00 DECK 40 6 0 0 46 $211,200.00 $4,844.00 DEMOLITION 14 3 0 0 17 $0.00 $600.00 GARAGE 8 2 0 0 10 $126,000.00 $1,244.00 IND 2 0 0 0 2 $549,505.00 $4,434.00 MISC 11 3 0 0 14 $17,000.00 $775.00 POOL 21 5 0 0 26 $351,245.00 $1,550.00 PORCHCOVER 3 0 0 0 3 $25,970.00 $337.00 PUBREN 0 0 0 $42,000.00 $343.00 RENOVATION 5 0 0 0 5 $57,500.00 $450.00 SEPTIC 146 2 0 0 148 $173,098.00 $3 1,100.00 SFD 120 0 0 121 $29,348,992.00 $231,780.00 SFDADD 15 0 0 16 $583,864.00 $5,238.00 SFDDEM 6 4 0 0 10 $0.00 $2,267.00 SFDREN I I 0 0 0 11 $275,854.00 $2,791.00 SHED 0 0 0 $1,000.00 $75.00 SIGNS 2 0 0 0 2 $9,000.00 $150.00 SUNROOM 4 0 0 0 4 $77 ,822.00 $702.00 477 32 511 $33,509,161.00 $303,864.1 8 Friday, July 30, 2004 For Period from Thursday, January 01.2004 to Friday, December 31, 2004 Page 1 of 1 , ; '~ \ Permit Summary Township of Oro-Medonte From 2004/07/01 to 2004/12/31 Totals Construction Type Outstanding Complete Deficient Cancelled Permits Value Fees ACCADD 0 0 0 $7,000.00 $293.18 ACCBLDG 8 0 0 0 8 $136,000.00 $1,274.00 ACCREN 0 0 0 $5,000.00 $100.00 ADDITION 0 0 0 $48,048.00 $409.00 AGR 0 0 0 $10,000.00 $150.00 ChangeUse 4 0 0 0 4 $0.00 $200.00 DECK 14 0 0 0 14 $46,000.00 $1,250.00 DEMOLITION 6 0 0 0 6 $0.00 $250.00 GARAGE 3 0 0 0 3 $21,000.00 $300.00 MISC 0 0 2 $5,000.00 $100.00 POOL 9 0 0 0 9 $154,500.00 $600.00 PORCHCOVER 0 0 0 $500.00 $50.00 SEPTIC 24 0 0 0 24 $0.00 $5,000.00 SFD 25 0 0 0 25 $6,612,744.00 $53,433.00 SFDADD 3 0 0 0 3 $141,600.00 $1,246.00 SFDDEM 0 0 0 $0.00 $50.00 SFDREN 4 0 0 0 4 $68,360.00 $757.00 SIGNS 0 0 0 $2,000.00 $50.00 0 0 109 $7,257,752.00 $65,512.18 Friday, July 30,2004 For Period from Thursday, July 0],2004 to Friday, December 3],2004 Page 1 of 1 BuildinQ Definitions Accessory Building Addition Accessory Building Accessory Building Demolition Agricultural Building Agricultural Building Addition Agricultural Building Renovation Septic - Change of Use Commercial Building Commercial Building Addition Commercial Building Demolition Commercial Building Renovation ACCADD ACCBLDG ACCDEM AGR AGRADD AGRREN Change Use COM COMADD COMDEM COMREN DECK DEMOLITION FIREPLACE GARAGE INDADD MISC MRES POOL PORCHCOV Covered Porch PUB Public Building SEPTIC New Septic System SFD Single Family Dwelling SFDADD Single Family Dwelling Addition SFDDEM Single Family Dwelling Demolition SFDREN Single Family Dwelling Renovation SHED SIGNS SUN ROOM Industrial Addition Miscellaneous Multi-Residential