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09 15 2004 Council Agenda TOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, SEPTEMBER 15, 2004 TIME: 7:00 P.M. ......... ... .................. ............ ... ... ............ ... ......... ...... ... ......... ...... ......... I 1. OPENING OF MEETING BY THE MAYOR 2. PRA YER/CONTEMPLA TION/REFLECTION ... 3. NOTICE OF ADDITIONS 4. ADOPTION OF AGENDA 5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 6. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Council Meeting of September 1, 2004. 7. RECOGNITION OF ACHIEVEMENTS: a) Chris Carter, Recreation Co-ordinator, Claudio Perri Memorial Award, In Appreciation For Efforts Towards Soccer - Oro-Medonte Minor Soccer [Show Only]. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: , None. 1 10. CONSENT AGENDA CORRESPONDENCE: a) Lake Simcoe Region Conservation Authority, minutes of July 23,2004 meeting. 11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. ~ 12. REPORTS OF MUNICIPAL OFFICERS: a) Report No. BD 2004-10, Ron Kolbe, Director of Building/Planning Development, re: Building Report, August 2004. b) Report No. EES 2004-39, Keith Mathieson, Director of Engineering and Environmental Services re: Alan D. Abernethy Construction Limited - Request to Connect to the Robincrest Water System - 229 Moonstone Road East - Part of the East Half of Lot 15, Concession 8 (formerly Medonte), Being all of PIN # 58523- 0066, Township of Oro-Medonte [Refer to Item 16b)]. .. '" If c) Report No. ADM 2004-36, Jennifer Zieleniewski, CAO, re: Closure and Sale of Road Allowance between Conc. 5 and 6 (Medonte), South of Hwy. 400 and North of Ingram Road, Township of Oro-Medonte. d) Report No. ADM 2004-41, Jennifer Zieleniewski, CAO, re: Rails to Trails Wildlife Corridor. 13. REPORTS OF COMMITTEES: a) Minutes of the Committee of the Whole Meeting, September 8,2004. 14. COMMUNICATIONS: a) The Honourable Judy Sgro, Minister of Citizenship and Immigration, Proclamation Request, October 18-24, 2004, Canada's Citizenship Week. b) James Feehely, Feehely, Gastaldi, correspondence dated August 31,2004 re: Barry Gardhouse, Lot 28, Plan 626, Lakeshore Promenade. c) John Inglis, McCarthy Tetrault, correspondence dated September 8,2004 re: Plan 626 Lakeshore Promenade, Installation of Wooden Posts and Bollards. 15. IN-CAMERA: ,.. a) Jennifer Zieleniewski, CAO, re: Legal Matter. " 16. BY-LAWS: a) By-Law No. 2004-099 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte, and Huronia Homes Ltd. (Phase II). b) By-Law No. 2004-101 A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Alan D. Abernethy Construction Limited and Bachly Investments Inc. 17. CONFIRMATION BY-LAW NO. 2004-100 A 18. QUESTIONS AND ANNOUNCEMENTS 19. ADJOURNMENT " , ,. ,. lam to to you I to to answer matters. oS S\~c \J-il(: t LAKE SHORE PROMENADE PLAN 626 Legend Aluminurn Bollards Number of Bollards Lot Line Markers ( To be located on Township Property 6 inctles from North Boundary of The Promenade abutting the Plivate Landowner's property and five feet from the east lot line of each private property.) l--"'~ \- N\'{\<\lt. ()..\JH~\jt. .-"" & ~ )00 ~ Z) 0' o~ ..\~G v#=) legend ~\Urf\\nUrf\ ~o\\o{ds NUrf\'08{ 01 ~o\\o{dS \ ("'\t \ \("\t:) ~^('\{\{P{~ ...-- . . . I' I \()q- \ LAKE SIMCOE REGION CONSERVATION AUTHORITY MEETING NO. BOD~07 -04 Friday July 23rd, 2004 - 9:00 a.m Present: Councillor R. Bridge, Chair Councillor V. Hackson, Vice-Chair Councillor P. Brown Mr. E. Bull Councillor G.Davidson Councillor B. Drew Councillor K. Ferdinands Councillor B. Huson Councillor P. Marshall Councillor M. Nanowski Regional Councillor S. Self Councillor Neil Snutch Mayor T. Taylor Mayor J. Young Region of York Administrative Centre 17250 Yonge Street "Seminar Room" Newmarket, ON. ... Telephone the LSRCA: (905)895-1281 Regrets: J. Dales, Honourary Member Mayor R. Grossi G.R. Richardson, Honourary Member Councillor J. Rupke Mayor K. Shier Mayor R. Stevens Councillor J. West MINUTES .. Staff: D. Gayie Wood, C.A.O./Secretary-Treasurer S. Hanson, Director, Corporate Services & Land Management M. Walters, Director, Environmental Services D. Goodyear, Manager, Ground and Surface Water Programs G. Casey, Recording Secretary DECLARATION OF PECUNIARY INTEREST . No pecuniary interest and the general nature thereof was disclosed for the record of this meeting. 13 'DQ - g... ... Lake Simcoe Region Conser./ation AUU10rity Board of Directors' iv1eeting BOD-07 -04 - fvlinutes July 23'd, 2004 II APPROVAL OF AGENDA -4 Moved by: Seconded by: BOD-04-139 ~ CARRIED J. Young N. Snutch RESOLVED THAT the content of the Agenda be approved as amended to include the "Tabled Items and Other Business Agenda". III ADOPTION OF MINUTES (a) Board of Directors Minutes of the Board of Directors' Meeting No. BOD-06-04, held on June 25th, 2004. Moved by: Seconded by: BOD-04-140 CARRIED N. Snutch S. Self RESOLVED THAT the minutes ofthe Board of Directors' meeting No. BOD-06-04 be adopted as printed and circulated. (b) Administrative Committee Minutes of the Administrative/Building Committee No. AC-06-04 held on July 7th, 2004. Councillor Susan Self advised that she was not at this meeting as indicated in the minutes. The minutes will be amended to reflect this change. , Moved by: Seconded by: BOD-04-141 S. Self N. Snutch RESOLVED THAT the minutes of the Administrative Committee Meeting No. AC-06- 04 be amended to include the change to page 1 to indicate Member Susan Self was not in attendance. 14 tOq -3 Lake Sirncoe Region Consi?PJation Authority Board of Directors' ~Jleet!ng B<JD-07 -04 - r~/linutes Juiy 22M, 2004 IV ANNOUNCEMENTS The CAO welcomed Michael Walters to this meeting in his new position as Director, Watershed Management. Mr. Walters' portfolio includes five divisions which are Planning, Engineering, Ground and Surface Water, Watershed Planning and Forestry and Stewardship. AI- Chair Bridge extended congratulations to Mr. Walters on behalf of the Board. Chair Bridge announced that the Authority in partnership with their Lake Simcoe Environmental Management Strategy (LSEMS) partners held the Environmental Festival in Barrie on July 17. Chair Bridge advised that he had the opportunity to speak with Mr. Joe Tascona, MPP, who was very impressed with the event and Mr. Tasconarequested that the Authority contact him in advance of next year's event in order that Mr. Tascona could look into obtaining some provincial funding to help advertise the Environmental Festival. The CAO responded that Authority staff are reviewing this event and will report back to the Board at a future meeting on where such funding would be best utilized. V PRESENTATIONS (a) Strategic Plan Update The CAO provided a presentation on the Authority's Strategic Plan which is updated every three years, in line with the appointment of a new Board of Directors. The CAO advised that when updating the Strategic Plan, staff look at the Authority's values, mission statement, goals, and top line objectives, Following the presentation, the CAO reviewed the proposed changes to the "Watershed 2010" document which was included with the agenda. The CAO advised the Board that the Authority's Programs and Services documents is currently being updated and brought to the Board in August for approval. Staff will continue to work on updating the Authority's Ten Year Business Plan which will be brought to the Board in the Fall. I' 15 \()Q-lj Lake Simcoe Region Conser',/ation p.,uthority Board of Directors' Meeting 800-07 -04 - Minutes July 22nd, 2004 Councillor Susan Self advised that she likes the addition of the vision statement "A Watershed For Life" and further indicated that the document is consistent with the goals established in 1996. Councillor Self suggested that the CAG's name and those of the Director's be included in the document. .. MayorTom Taylor inquired if the handling of situations such as the one experienced last year with the lack of mapping in the Township of Ramara is addressed in this document or if that is dealt with in the business plan. The CAO responded that the Strategic document is intended as a high level document. The priorities and detail are in relation to the business plan which deals with the business of the Authority, the priorities and how to balance the priorities. Incidents will occur that are not anticipated and such incidents may then become a client services issue and automatically become a priority. The CAO advised that the Authority will be updating mapping for all municipalities in the watershed, and in particular for the northern municipalities where mapping currently does not exist. The Authority was successful last year in obtaining funding for this process. This will be identified in the Business Plan and in the budget. The Director, Watershed Management advised that the wave uprush mapping has been completed for Ramara and that Authority and Town staff will be meeting to review and approve the mapping. Mayor Taylor inquired if the Authority has established the liability and responsibility for such incidents. The CAO responded that two legal opinions were obtained which the Board dealt with at a previous meeting. It was determined that individuals will not be asked to provide mapping where none exists. The CAG further indicated that staff held a very successful workshop with the contractors in Ramara who expressed concerns with the permitting process. The contractors were very pleased with the workshop and now have a better understanding of the process. " Councillor Snutch advised that when the situation with Ramara presented itself, Authority staff resolved the issues and concerns very quickly. The Town of Ramara is very pleased with Authority staff and the contractors are pleased with the outcome as well. 16 \ ()a, - 5 Lake Simcoe Region Conservation i~utt1orily Board of Directors' Meetin~J BOD~07 -04 - r,;linutes July 22"d, 2004 Moved by: Seconded by: BOO-04-142 V. Hackson S. Self RESOLVED THAT Staff Report No. 40-04-BOO and the presentation regarding the Authority's Strategic Planning Process be received and approved; and FURTHER THAT staff forward an updated Authority Program and Services Document to the Board in August, 2004 and an updated Business Plan to the Board in the Fall of 2004 for consideration. "" VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 12, 13, 14 and 15 of the Agenda were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by: Seconded by: BOO-04-143 J. Young T. Taylor RESOLVED THAT the following recommendations respecting the matters listed as "Items Not Requiring Separate Discussion" be adopted as submitted to the Board and Staff be authorized to take all necessary action required to give effect to same. 1. Fill, Construction & Alteration to Waterways Applications BOO-04-144 RESOLVED THAT applications under Section 28 of the Conservation Authorities Act and Ontario Regulation 153/90, as amended by Ontario Regulations 534/91 and 623/94, be received and approved. iF 17 Lake Simcoe F;egion Conser'Jation A.uthority Board of Directors' Meeting 800-07 -04 - Minutes \OC\-\.p July 22M, 2004 2. Correspondence 800-04-145 fA 3. Correspondence 800-04-146 4. Correspondence 800-04-147 5. Correspondence 800-04-148 .. RESOLVED THAT the letter received from the Town of Aurora acknowledging the presentation given to Council by D. Gayle Wood regarding the Authority's Programs and Services be received for information. RESOLVED THAT the letter received .from the City of Barrie acknowledging receipt of the publication entitled "Who's Looking Out For Our Water" from the Authority advising it was circulated to Council be received. for information. RESOLVED THAT the letter received from Dr. Anita Beaton on behalf of the North Simcoe Environmental Watch which accompanied a donation in the amount of $919.40, to be put toward the Stream Gauge Installation Project on the Hawkestone Creek in Oro-Medonte be received for information. RESOLVED THAT the email received from Conservation Ontario which includes a copy of a press release issued by the Canadian Environmental Law Association (CELA) applauding the Ontario government's allocation for Source Protection funding in the recently released budget be received for information. 18 \()a -l Lake Simcoe Region Conservation j~uthority Board of Directors' ~'/ieeting 800-07 -04 - Minutes July 22r.d, 2004 6. Correspondence 800-04-149 7. Correspondence 800-04-150 8. Correspondence 800-04-151 9. Correspondence 800-04-152 10.Correspondence 800-04-153 RESOLVED THAT the letter received from the Town of Whitchurch-Stouffville and from the Town of Innisfil acknowledging the presentation given to Council by D. Gayle Wood regarding the Authority's Programs and Services be received for information. ... RESOLVED THAT the letter received from the County of Simcoe acknowledging receipt of the Authority's 2003 Annual Report be received for information. RESOLVED THAT the South. Simcoe Groundwater Study report dated May 12, 2004, be received for information. RESOLVED THAT the correspondence received from the City of Barrie acknowledging receipt of information from the Authority relating to Source Protection Planning, the State of the Lake Simcoe Watershed Report and the notice regarding the Public Consultation Sessions be received for information. RESOLVED THAT the correspondence received from the North East Sutton Ratepayers Association Inc. which provides their response to the Ministry of Municipal Affairs and Housing regarding the Greenbelt Task Force Discussion Paper be received for information. .. 19 \ ()~ - ~ Lak.e Simcoe Region Con:3(~r,!ation j.!..uthority Board of Directors' ~./Ie€ting 800-07 -04 - t,/linutes July 22r.~, 2004 11. Monthly Communications Update 800-04-154 RESOLVED THAT the Monthly Communications Update, for the period June 1 to 30, 2004, be received for information. '* VIII HEARINGS There were no hearings scheduled for this meeting. IX DELEGA TIONS There were no delegations scheduled for this meeting. X CONSIDERA TlON OF ITEMS REQUIRING SEPARA TE . DISCUSSION 12. Budget Status Report Councillor Hackson, recognizing the importance of the budget report and the amount of work that goes into the process, asked staff to provide any comments they may have with regard to Staff Report No. 38-04-800. The Director, Corporate Services and Land Management, advised that as the budget was approved in May 2004, it is still very early in the process. Staff continue to monitor the incoming revenue with relation to the Plan and Review fees which were increased in April 2004. Moved by: Seconded by: N. Snutch E.8ull 800-04-155 RESOLVED THAT Staff Report No. 38-04-BOo regarding the Authority's Budget Status for the period ending May 31, 2004 be received for information. 13. Re-Investment in Ontario's Conservation Authorities Staff Report No. 39-04-800 regarding the report entitled "Submission to the Minister of Natural Resources: Re-Investment in Ontario's Conservation Authorities - Now and In the Future" was included with the Agenda. 20 \()y -'1 Lake Simcoe F.egion Conservation .A.uthority Board of Directors' Meeting 800-0/'-04 - Minutes July 22"0, 2004 Councillor Self advised that the last paragraph of the recommendation states the Authority will seek support from member municipalities "prior to September 2004". As most Councils are currently in recess for the summer months, this may not be achievable and Councillor Self suggested that deadline be removed from the recommendation. .. Councillor Self further commented that the Region of Durham recently passed a recommendation regarding a request to the province to amend the Development Charges Act 1997. A letter with the resolution was sent to The Hon. John Gerretson, Minister of Municipal Affairs and Housing. Part of the recommendation pertains to the growth related capital requirement of Conservation Authorities. The CAG thanked Councillor Self for this comment and advised that if this recommendation is approved today, staff will flow the report out to the municipalities requesting that it be placed on their September agendas for consideration. Moved by: Seconded by: BOD-04-156: P. Brown P. Marshall RESOLVED THAT WHEREAS the Conservation Authorities Act is recognized as a provincial and municipal partnership since 1946; AND WHEREAS THE Conservation Authorities have provincially delegated responsibilities for the implementation of flood and erosion control programs for the protection of life and property in Ontario; AND WHEREAS the Province has previously committed to paying 50% of flood and erosion control programs and other related eligible programs as defined in the 1997 Policy and Procedures Manual, but has not met that funding commitment; AND WHEREAS the Province of Ontario, when establishing new policies and procedures in 1997 to define the level of funding to support its partnership with Conservation Authorities, omitted: (1) Municipal Plan Review, (2) the implementation of the Conservation Authority Act Section 28 Regulation, and (3) Shoreline Management as eligible activities for funding assistance by the Province; 21 \ ()C\ -\ () Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-07 -04 Agenda - Page 10 of 14 * AND WHEREAS predictable, stable funding (adjusted for inflation) is critical to successful program delivery; THEREFORE BE IT RESOLVED THAT the Lake Simcoe Region Conservation Authority endorse the report entitled "Submission to the Minister of Natural Resources: Re- Investment in Ontario's Conservation Authorities - Now and In the Future" which requests: (1) are-investment. in the Conservation Authorities by the Province of Ontario based on definitions within the 1997 Policy and Procedures Manual for Conservation Authorities; (2) are-investment . of funds for items deemed of provincial interest currently excluded from transfer payment funding; and (3) implementation of annual Consumer Price Index adjustments retroactive to 2002; and FURTHER THAT the Lake Simcoe Region Conservation Authority seek endorsement of this report from its member municipalities. 13. LSRCA Staff Time Allocation to the Foundation Staff Report No. 41-04-BOD regardingthe allocation of Authority staff time to the Lake Simcoe Region Conservation Foundation was included with the agenda. Councillor Hackson inquired if staff could bring a report to the Board which identifies the amount of staff time being spent on the Foundation including the associated costs. It is very important that the Board is aware of what the costs are to support the Foundation. The CAO responded that the Foundation raises funds for the Authority and from 1973 to 2000, the Foundation Board focussed on the Conservation Dinner as their major fundraiser. Their focus has now shifted and the Board is looking at raising funds to be put toward the quality of Lake Simcoe. Several months ago, the Foundation requested that the CAO prepare a report outlining how the Foundation can best meet their future objectives. The results of this report identified that the Foundation should hire an Executive Director. In response to this recommendation, the Foundation has hired an Executive Director who will begin in September 2004. 22 Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-07 -04 Agenda - Page 11 of 14 \()C\-\! The CAO advised that the Foundation is now requesting clarification of how much time from Authority Staff can be provided to the Foundation. The recommendation of the CAO is outlined in Staff Report No. 41-04-BOD. The CAO advised that a report will be prepared for the Board which provides information on the amount of staff time being allocated to the Foundation as well as the cost analysis. This can be done for the year 2003 as well as year to date for 2004. . Councillor Marshall advised that he is pleased with the direction of the Foundation however it was anticipated that the demand for staff time would be relieved with the hiring of the Executive Director. The CAO advised that staff time will be relieved however it is expected that there will.be a transition period for the Executive Director. The CAO indicated that there is some concern with regard to the time of the Authority's Director, Watershed Management given the focus of the Foundation on the health of Lake Simcoe. The CAO also reiterated that administrative support forthe Foundation could not be extended past February 2005. Mayor Taylor suggested that a cut off date should be established for all staff support. The Authority has a mandate and the Board needs to ensure that it is not operating beyond that mandate. Moved by: Seconded by: V. Hackson P. Marshall BOD-04-157 RESOLVED THAT Staff Report No. 41-04-BOD regarding the Lake Simcoe Region Conservation Authority's staff time allocation be received and approved; and THAT a further Staff Report be forwarded to the Board of Directors in six months for further consideration; and FURTHER THAT a copy of this Staff Report be forwarded to the Foundation. 14. Permit to Take Water Staff Report No. 42-04-BOD regarding the proposed changes to the Permit to Take Water system was included with the agenda. 23 Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-07 -04 Agenda - Page 12 of 14 \()~ - \~ Councillor Self commented that the recommendation within the Staff Report was not included in the recommendation included on page one of the Staff Report and requested that the recommendation be amended to include that the Authority submit formal comments to the MOE regarding the proposed regulation via the EBR process summarizing the outstanding issues. The Manager, Ground and Surface Water advised that the intent is to submit comments on the Permit to Take Water and the exclusion of this in the formal recommendation was an oversight. Moved by: Seconded by: S. Self G. Davidson BOD-04-158 RECOMMENDED THAT Staff Report No. 42- 04-BOD regarding proposed changes to the Permit to Take Water System be received for information; and FURTHER THAT the Lake Simcoe Region Conservation Authority submit formal comments to the MOE regarding the proposed regulation via the EBR process summarizing the outstanding issues. 16. Correspondence (Tabled Items & Other Business Agenda) A letter dated July 15th, 2004, addressed to The Honourable David Ramsay, Minister of Natural Resources, from Mr. Peter Krause, Chair, Conservation Ontario was tabled at the meeting. This letter is in reference to Conservation Ontario's Provincial Transfer Payment Review. Conservation Ontario is currently trying to schedule a meeting with the Minister to discuss this initiative further. Councillor Davidson advised that the City of Kawartha Lakes recently passed a resolution to send a letter to the province that the City of Kawartha Lakes will not undertake the Source Water Protection initiative unless full funding is provided by the Province. The CAO advised that the Authority's previous Board passed a resolution very similar to that of the City of Kawartha Lakes. Chair Bridge indicated that it is very important that all municipalities take a stand on this issue. Moved by: Seconded by: P. Brown G. Davidson 24 Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-07 -04 Agenda - Page 13 of 14 \O~ - \3 BOO-04-159 RESOLVED THAT the letter dated July 15th, 2004, addressed to The Honourable David Ramsay, Minister of Natural Resources, from Mr. Peter Krause, Chair, Conservation Ontario, regarding Conservation Ontario's Provincial Transfer Payment Review be received for information. .. XI OTHER BUSINESS Lake Simcoe Watershed Plan - Public Sessions Councillor Marshall referenced the upcoming public session regarding the Lake Simcoe Watershed Plan which will be held in the Township of Oro-Medonte on August 11, 2004. Councillor Snutch advised that a public session was held in The Township of Ramara and was attended by approximately 50 residents. This was a very well received session which was facilitated by an outside consultant and was excellent. Councillor Snutch extended congratulations and thanks to the Authority. The Director, Watershed Management, advised that the Authority is beginning to receive some excellent feedback from those who attended the sessions. Several of those in attendance represented various associations and they are now sharing this information with their groups and providing feedback. The Director is anticipating receiving great support as this process moves forward. Letter and Donation from Dr. Beafon Councillor Marshall inquired if the request put forward by Dr. Beaton that her donation be recognized in the media will be done. The CAO responded that Dr. Beaton requested that her donation be highlighted in the Authority's Annual Report however suggested that a media release could be sent to the Simcoe area newspapers if the Board wishes. The Board suggested that a media release be forwarded to the Simcoe area newspapers and that a letter be sent to Dr. Beaton on behalf of the Authority's Board. Well Water Safety Councillor Hackson extended congratulations to Don Goodyear, Manager, Ground and Surface Water and Tammy Chung, Resource Technician, who both attended a Well Water Safety session in Queensville on July 19, 2004. They made an excellent presentation and Councillor Hackson encourages staff to continue the program. 25 \ QQ -\Y Lake Simcoe Region Conservation Authority Board of Directors' Meeting BOD-07 -04 Agenda - Page 14 of 14 The Director, Watershed Management also extended thanks and appreciation to his staff for their continued efforts and hard work. " Paths to the Living City Councillor Self referenced a book entitled "Paths to the Living City" authored by Bill McLean. This book is a story of the Toronto and Region Conservation Authority and advised it is an excellent read. Councillor Self looks forward to one day seeing a book written about the LSRCA. Mayor Taylor advised that another great book is entitled "Water" written by Marq deVilliers. Mayor Taylor advised that this is an excellent book which puts real value on water and what is happening in North America. Mayor Taylor indicated this would be an excellent book to be read by students. Communities in Bloom Councillor Nanowski advised that the Town of Bradford West Gwillimbury are participating in the Communities in Bloom event which held judging on Wednesday. Councillor Nanowski extended thanks to Heather McKinnon, Community Relations Specialist, who attended the session and provided information related to Scanlon Creek Conservation Area. XII ADJOURNMENT The meeting was adjourned at 10:10 a.m. on a motion by Mayor James Young. CARRIED R. Bridge Chair D.Gay Chief Administrative Officer/ Secretary-Treasurer 26 ''dc, - \ TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. Bd2004-10 To: Council Prepared By: Ronald M Kolbe Subject: Department: Building Report Council August 2004 Building C. of W. Date: September 3, 2004 Motion # A.M. File #: Date: Roll #: Part 8 Permit Fees $9,200.00 $74,954.00 $13,000.00 Buildinq Permit Auqust 2004 Year to Date Update 2004 Number of 109 649 Permits Construction $5,590,723.00 $40,417,484.00 Value Permit Fees $41 ,121 .00 $337,884.00 \~~ - sis: 16 Single Family Dwellings bringing the total To-Date to 137 1. THAT Report No. Bd2004-10 be received. Respectfully submitted, ;f ~ 1'1 p?- Ronald M. Kolbe, CBCO, AScT, MAATO Director of Building/Planning Development C.A.O. Comments: C.A.O. Date: - 2 - . Perlnit SUl1l1nary Township of Oro-1\1edonte From 2004/08/01 to 2004/08/31 Totals Construction Type Outstanding Complete Deficient Cancelled Permits Value Fees ACCADD 0 0 0 $16,000.00 $150.00 ACCBLDG 5 0 0 6 $120,600.00 $854.00 ChangeUse 2 3 0 0 5 $0.00 $400.00 COMREN 2 0 0 0 2 $21,000.00 $300.00 DECK 7 0 0 0 7 $15,075.00 $600.00 DEMOLITION 0 0 0 $0.00 $50.00 GARAGE 3 0 0 4 $55,000.00 $350.00 MISC 2 0 0 0 2 $10,000.00 $175.00 MRES 29 0 0 0 29 $1,598,000.00 $18,035.00 POOL 2 0 0 0 2 $3,500.00 $ JOO.OO PORCHCOVER 0 0 0 $10,000.00 $JOO.OO RENOVATION 0 0 0 $3,000.00 $100.00 SEPTIC 21 0 23 $0.00 $6,750.00 SFD 16 0 0 0 16 $3,661,548.00 $29,184.00 SFDADD 4 0 0 0 4 $41,500.00 $577.00 SFDREN 4 0 0 0 4 $25,500.00 $250.00 SHED 0 0 0 $10,000.00 $150.00 ..... . .......m......_...~.._.m._.....~.. ..,,_...__....._"'_.__...m__.._m__.._~ mm.."_____...." m._...'-......._..............mh..mmmm._m.._....,.. ........'......mmh..._.__._ m...........____um._...... J02 5 0 2 109 $5,590,723.00 $58,125.00 Friday, September 03,2004 For Period from Sunday, August 01. 2004 to Tuesday. August 31. 2004 Page 1 of 1 Permit SUlnlnary Township of Oro-Medonte From 2004/01l0J to 2004/08/31 Totals .~: H; Construction Type Outstanding Complete Deficient Cancelled Permits Value Fees ACCADD 3 0 0 0 3 $113,700.00 $1,188.18 ACCBLDG 29 4 0 0 33 $971 ,300.00 $8,411.00 ACCDEM 0 0 0 $0.00 $50.00 ACCREN 0 2 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 7 0 0 30 $0.00 $1,300.00 COM 3 0 0 0 3 $93,500.00 $837.00 COMADD 0 0 0 $45,000.00 $377.00 COMREN 5 0 0 0 5 $352,000.00 $2,285.00 DECK 41 12 0 0 53 $226,275.00 $5,444.00 DEMOLITION 14 4 0 0 18 $0.00 $650.00 GARAGE 10 3 0 14 $181,000.00 $1,594.00 IND 2 0 0 0 2 $549,505.00 $4,434.00 MISC 13 3 0 0 16 $27,000.00 $950.00 MRES 57 0 0 0 57 $2,915,600.00 $28,605.00 POOL 20 8 0 0 28 $354,745.00 $1,650.00 PORCHCOVER 4 0 0 0 4 $35,970.00 $437.00 PUBREN 0 0 0 $42,000.00 $343.00 RENOVATION 5 1 0 0 6 $60,500.00 $550.00 SEPTIC 163 7 0 171 $173,098.00 $40,650.00 SFD 136 0 0 137 $33,010,540.00 $260,964.00 SFDADD 19 0 0 20 $625,364.00 $5,815.00 SFDDEM 5 5 0 0 10 $0.00 $2,267.00 SFDREN 13 2 0 0 15 $301 ,354.00 $3,041.00 SHED 1 0 0 2 $11,000.00 $225.00 SIGNS 2 0 0 0 2 $9,000.00 $150.00 SUNROOM 3 0 0 4 $77,822.00 $702.00 ...................---..................-.... ......_._m__.._.~..m_......m...__.... ...m"".._...........................__. m....m......._.........._~~.................._..._m..m...._..__~.._...._........u___<._. 580 65 3 649 $40,417 ,484 .00 $375,359.18 Friday, September 03,2004 For Period from Thursday, January 01,2004 to Tuesday, August 31,2004 Page 1 of 1 d~ "'_ 8uildin~ 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 ChangeUse 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 ( 'db -I TOWNSHIP OF ORO-MEDONTE REPORT Dept. Report No. To: COUNCIL Prepared By: EES2004-39 Keith Mathieson Subject: Department: Council Alan D. Abernethy Construction Engineering and Limited - Request to Connect to Environmental Services C. of W. the Robincrest Water System - Date: 229 Moonstone Road East - Part September 8, 2004 Motion # of the East Half of Lot 15, R.M. File #: Concession 8 (Formerly L04-13965 Date: Medonte), Being all of PIN Roll #: #58523-0066 020-005-08000 tl BACKGROUND: II Mr. Abernethy purchased the above-mentioned property, demolished the existing house and constructed a new home. ANAL YSIS: The existing house was on a joint well with the neighbouring property and Mr. Abernethy is requesting that his newly built home be connected to the new watermain constructed on County Road #19 by Bachly Investments Inc. As this watermain has not been assumed by the Township, Mr. Bachly has been notified and has no concerns with Mr. Abernethy connecting to the water system. Township staff also have no concerns with Mr. Abernethy connecting to the Robincrest water system. Mr. Abernethy is aware that the water service shall be constructed as per Township Standard OM- W1 and that all related costs will be his responsibility. Mr. Abernethy is also aware of a $200.00 inspection fee payable to the Township. Approval from the County of Simcoe will be required prior to any work being done on County Road #19. \db -~ 1. THAT Report No. EES2004-39 be received and adopted. 2. THAT the Township of Oro-Medonte, Alan D. Abernethy Construction Limited, and Bachly Investments Inc. enters into a Water Service Connection Agreement to grant permission to connect to the Robincrest municipal water system. 3. THAT all related costs to connect the water service to 229 Moonstone Road East be the responsibility of Alan D. Abernethy Construction Limited. 4. THAT the Clerk prepares the appropriate By-law for Council's consideration. 5. AND THAT Mr. Abernethy and Bachly Investments Inc. be notified of Council's decision. R6fl'Y submitted, Keith Mathieson Director of Engineering and Environmental Services ~. t:.)J.A. ei\ 0 " / ~c\~0 - 2 - '2<2- - \ Dept. Report No. To: Prepared By: Jennifer Zieleniewski ADM 2004-036 Council Chief Administrative Officer Subject: Department: Administration Council Closure and Sale of Road Allowance between Conc. C.ofW. 5 and 6 (Medonte), South Date: September 15, 2004 of Hwy. 400 and North of Motion Ingram Road, Township R.M. File #: L 16-13615 # of Oro-Medonte Date: Roll #: 4346-020-002-12001-0000 TOWNSHIP OF ORO-MEDONTE REPORT BACKGROUND: On February 6, 2004, correspondence was received from John and Chris Hvozda requesting that the Township permanently close and transfer that portion of the road allowance which abuts their property between Conc. 5 and 6 (Medonte), South of Highway 400 and North of Ingram Road. (Attachment #1) I ANALYSIS I The request has been circulated to Department Heads: Building/Planning Clerk Planner Recreation Co-ordinator Engineering/Environment Road Superintendent - retain, possible future access to 400 retain, possible access to 400 - dispose - dispose - dispose - dispose \ f)c - It is the recommendation of staff that the Township of Oro-Medonte retain that portion of road allowance between Conc. 5 and 6 (Medonte), south of Hwy. 400 and north of Ingram Road, Township of Oro-Medonte, PIN # 58524-0060 (Lt) for possible future access to Hwy. 400 and for possible drainage. Also, this property has potential future sale value, because of its proximity, to the Highway. It is therefore also recommended that Mr. and Mrs. Hvozda be advised that Council cannot grant their request to purchase the road allowance. I RECOMMENDATION I 1. That Report ADM 2004-036 be received and adopted. 2. That the road allowance between Conc. 5 and 6 (Medonte), south of Hwy. 400 and north of Ingram Road, Township of Oro-Medonte, PIN # 58524-0060 (Lt), be retained by the Township. 3. And Further That the applicant be advised of Council's decision. Respectfully submitted, ~~ 2 Attachment #1 \ 'dc - 3 . ~ ~ f ", \ I ~ \ Dept. Report No. To: Prepared By: ADM2004-41 Council Jennifer Zieleniewski Subject: Department: Council Rails to Trails Wildlife Administration Corridor C.ofW. Date: September 15, 2004 Motion # R.M. File #: Date: Roll #: TOWNSHIP OF ORO-MEDONTE REPORT D: At the September 8, 2004, Committee of the Whole meeting, Mr. Murray Martin of the Orillia Fish and Game Conservation Club presented a deputation regarding Rails to Trails Wildlife Corridor. Committee adopted the following resolution: "It is recommended that the information from Murray Martin, 2"d Vice President, Orillia Fish and Game Conservation Club, re: Shrubs for Wildlife be received; that the project be supported in principle; and further that staff bring back a resolution to Council on September 15, 2004." S: Issues arose regarding liability and risk management during this proposed project. Staff have reviewed the proposal and make the following recommendations. Staff recommend that The Orillia Fish and Game Conservation Club provide proof of liability insurance for the project participants and that if possible The Corporation of the Township of Oro- Medonte be included on their insurance for this project. Staff further recommended that Township staff inspect the proposed planting locations for any hazards prior to the project commencement and that staff document the date of the inspections and the findings of any such inspection. \ :;} d -d.. RECOMMENDATION S : 1. THAT Report No. ADM2004-41 be received and adopted. 2. THAT The Orillia Fish and Game Conservation Club provide proof of liability insurance for all project participants. 3. THAT Township staff undertake inspections along the Rail Trail for any hazards prior to the project commencement. 4. THAT Township staff document the date and findings of all inspections. . 5. AND THAT The Orillia Fish and Game Conservation Club be authorized to proceed with their Rails to Trails Wildlife Corridor initiative. 6. AND FURTHER THAT The Orillia Fish and Game Conservation Club be advised of Council's decision. Respectfully submitted, Jennifer Zieleniewski Chief Administrative Officer - 2 - 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 wout'd 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....WHA T WAS A NATURAL ENVIRONMENT? The Project; RAILS TO TRAILS WILDLIFE CORRIDORI 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 <1/7 !/004 . . Page 2 of2 \d d - Y 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 () 1'7 I') flfIA THE CORPORATION OF THE 148 Line 7 S., Box 100 Oro. Ontario LOL 2XO TOWN&tIIP (!?~OfJl6edvde Phone (705) 487-2171 Fax (705) 487-0133 www.oro-medonte.ca September 15, 2004 Dear Resident Re: Lakeshore Promenade, Plan 626 Further to the correspondence dated August 16, 2004 from Chris Carter, Recreation Co-coordinator, this letter is an update on the work to take place on the Promenade between Blackman Boulevard and Myrtle Avenue. Most importantly, I would take this opportunity to advise that the Township has commissioned a legal opinion on the status of the Promenade and it has been detennined that the Lakeshore Promenade in Plan 626 is indeed a road allowance. The Township will therefore be exercising its rights under the appropriate sections of the Municipal Act to restrict vehicular traffic on the portion of the Promenade between Blackman Boulevard and Myrtle A venue denoted on the attached sketch dated September 15, 2004. The previous sketch dated August 16, 2004 is also attached for comparison. You will note that some changes in placement ofbollards and cedar posts has taken place as a result of discussion between staff and residents involved, as well as survey work carried out on site. As ofthe date of this letter, the surveyor, installer, Public Works Superintendent and Chief Administrative Officer have attended on site to facilitate the installation of cedar posts. The penn anent installation of those bollards which will restrict vehicular traffic on this portion of the Promenade will not take place until the by-law to restrict vehicular traffic has been enacted by Council. The by-law will also establish provisions to pennit ingress and egress to the Promenade. Also included for your infonnation, is the after-hours number to be used in scenarios in which residents abutting the portion ofthe Promenade where vehicular traffic is restricted require immediate after-hours access to the Promenade, i.e. septic or well failure. AFTER HOURS NUMBER 487-6499 Thank you for your assistanc~ in this project. (\ ) ,,' \(\, .f .- \-z~L:. . I . - 1 J~nrlifer Ziele lewsk" ChIef Adminis . e Officer c.c. Mayor and Members of Council Jerry Ball, Public Works Superintendent Chris Carter, Recreation Co-ordinator LAKE SHORE PROMENADE PLAN 626 . Legend Aluminum Sollards Number of Sollards Lot Line Markers ( To be located on Township Property 6 inches from North Boundary of The Promenade abutting the Private Landownel's property and five feet from the east lot line of each private property.) CO~ \J-'t-~ S\~ . . . (#) 16/8/04 LAKE SHORE PROMENADE PLAN 626 CO~ ~'t-~ S'~ . . . Legend Aluminum Sollards Number of Sollards Lot Line Markers (#) . ( To be located on Township Property 6 inches from North BoundalV of The Promenade abutting the Private Landowner's property and five feet from the east lot line of each private property,) 1 5/9104 Minister of Citizenship and Immigration \L\Q. Ministre de la Citoyennete et de l'lmmigration Ottawa, Canada K1A 1L1 Dear Sir or Madam: This year, Canada's Citizenship Week will be held October 18 - 24. This event is a time to explore the nature of Canadian citizenship and the underlying values of respect, freedom and belonging that bring us together and make Canada such a great country in which to live. I hope that your municipality will join the celebration by recognizing this important week. We are encouraging municipalities to become involved by passing a resolution proclaiming Canada's Citizenship Week. A sample resolution is enclosed for your reference. You may also want to lead your council in a reaffirmation of Canadian citizenship by reciting the oath of citizenship. A copy of the oath is enclosed, along with a copy of the Citizenship Week poster and an order form for material to support your community's participation in the Week. To ensure priority service, please fax your order to (613) 954-7619. As a municipal official, I am sure you will agree that all citizens should be encouraged to take part in community activities. It is particularly important for young people to become actively engaged in citizenship activities. Many of the products we have developed aim to empower young people with the concepts, understanding and skills they need to be responsible, caring and active citizens. If you have any questions about Canada's Citizenship ~eek or citizenship in general, please e-mail usatwelcomehome@cic.gc.ca. You can also obtain more information by visiting the Citizenship and Immigration Canada Web site at www.cic.qc.ca. Sincerely, Enclosures (4) Canaaa ~-31-04; 3:26AM;Feehely.Gastaldi & H ;9059365102 .. 1/ 2 J' ~ \4 FEEHELY, GASTALDI Barristers and Solicitors JAMES J. FEEHEl Y PAUL F. GAST ALDI JERRY W. SWITZER MICHAEL F. SIRDEVAN 5 Mill Street East, P.O. Box 370 Tottenham, Ontario LOG 1WO Telephone: (905) 936-4262 Fax: (905) 936-5102 August 31,2004 VIA FAX ONLY: 1-705-487-0133 The Corporation of the Township Of Oro-Medonte 148 Line 7 South Box 100 Oro, Ontario LOL 2XO Attention: Mr. Jerry Ball, Public Works Superintendent Dear Mr. Ball: Re: Barry Gardhouse; Lot 28, Plan 626, Township of Oro; Lakeshore Promenade Please be advised that I have been retained by Mr. Barry Gardhouse regarding your letter of August 16th, 2004 and the issues raised therein. My client fundamentally disputes Council's interpretation of the right to access. My client's only access to his property is along the Promenade and disputes Council's right to grant ingress and egress "on an as-need basis". My client's right to access has been long established and Council has no discretionary control over my client's fundamental right of access. The position of the Municipality will be disputed. However, in the shorter term, my client has specific concern regarding Council's attempt to access control over the Promenade as a recreational facility. My client has a dock and boat house which have been in place for approximately 50 years. Please confirm that it is not the intention of the Municipality to interfere with my client's structures or his rights of access to same. Any interference will be treated as a trespass to my client's property and action will be taken accordingly. I look forward to a prompt response in light of the assertion that you intend to implement a works program on September 13th, 2004. ~-31-04; 3:26AM;FeeheIY,Gastaldi & H Page 2 August 31, 2004 JJF/jl cc: Mayor and Members of Council V cc: Mr. Barry Gardhouse ;9059365102 Ja # 2/ 2 \"-\~ ~~ ._. --"., --- T'IICOCOUb(~ T-347 P.002/003 F-484 B~rrister~ & Solicitor. Patent &. Trade-mark ^gcnt~ MeCal'thy Tetrault LLP Be;" 48, Suite '1-700 Toronto Dominion Bank Tower Tc.romo ON M5K lE6 C;inada Telephone:: 416 362-1812 , Y I Fa.:.c;imill:: 416868-0673 1 C. - lI\ccanhy.cil McCarthy Tetrault September 8, 2004 J OM c:r. Inglis Direct Line: 416-601-7831 Direct Fax: 416-601-8010 E-Mail: jingli$@mccarrhy.ca VIA FACSIMILE #(705) 487-0133 His Worship Mayor Neil Craig and Members ofCo1JJlcil Township of Oro-Medonte 148 Line 7 South Oro, Ontario LOL 2XO Dear Mayor and Members of Councjl: Re: Lake Shore Promenade Ownership of Promenade Installation of Wooden Posts and Bollards As you lalow, we represent a number ofJandowners adj acent to the Lake Shore Promenade. I have been advised that at the Council meeting last week a resolution was passed to proceed with the proposed work on Lake Shore Promenade. As I conveyed in my previous letter, that work is i1'!consistent with both the status of the Lake Shore Promenade as an unopened road allowance and its status as never having been a road allowance. Given that the proposed work is not urgem, \ve urge that the Township delay taking any actions at this time with respect to the Lake Shore Promenade. In particular, we request that the Township not install any physical structures that may have to be removed, including the proposed bollards along Owen Road and Lake Shore Promenade, which may impair or impede emergency vehicle access by reducing access or slowing response time. We also again request that the Township provide us with materials substantiating the TO\V11ship's position with respect to the status of the road. TDO-ELM#7227S70 v. J V(1'1<:o"v<:r, CQl:i~ry, LOTIdo.,. To,""""" O'tawa, Mor.O'~ol. Qu,;bcc, New York and t01Vinn, ET'I(land Sep-08-04 .04:00pm From-MC TET SERVICES +4168680673 T-347 P.003/003 F-484 McCarthy Tetrault September 8, 2004 - 2- Mayor and Members of Council Please reply to the undersigned as soon as you are able. Yours very truly, McC thy Tetrault LLP I ! 1 JC 1/tl c: Mr. Chris Carter, Recreation Co-ordinator (via facsimile) Ms. Marilyn Pennycook, Clerk (via facsimile) TDO-ELM #7227570 v. J McC..rthy T~tr:lult LLP THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-099 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte, and Huronia Homes Ltd. (Phase II) WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being PT. E. Y2 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. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A", be registered on title against the lands described therein; 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent owners of the land; 4 That this By-Law shall come into force and take effect on the final passing thereof. By-Law read a first and second time this 15th day of September, 2004. By-Law read a third time and finally passed this day of ,2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook Schedule 'A' to By-Law 2004-099 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. 2004-099 /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 "D" - 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-91 016) 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 \~~ -5 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 \~c\ - All line data depicting property boundaries must be mathematically closed to form polygons. The lines, which describe the boundary of all properties created within the Plan of Subdivision, will be isolated on a unique 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 7V4 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 \G -~ 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 \ \Qc\ -~ 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 "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules hereinafter referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings 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-D-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 "0" - Schedule "E" - Schedule "F" - Schedule "G" - Schedule "H" - Schedule "I" Schedule "J" - Schedule "K" - 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 \1 i \5) f-.>, - \ 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 Securitv - have paid to the Township all cash deposits, development charges and security required by Schedules "D" 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 Electricitv - 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. 12 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 \~(.J\ ~ i) 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. 14 \, \ 4.2 BREACH OF AGREEMENT If the Developer commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. J5 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 Orainaqe 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 UK" with an automatic renewal clause, in the amount of one hundred percent (100%) of the estimated costs of the said works, as set out in Schedule "0" and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed, as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of the works, as set out in Schedule "0", will be reviewed and updated by the Township Engineer on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township Engineer, within thirty (30) days of notice, by registered mail, from the Township Engineer. In the event that the Developer fails to deliver to the Township the additional security as required by the Township Engineer, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Developer's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "0" of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in Schedule "0" is greater by 10% than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. 17 \~ 0, - \ 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 returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.7 DISCHARGE OF SECURITIES 5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township Engineer, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the services, in increments of not less than ten percent (10%). Upon application for reduction of the securities, the Developer's Engineer shall provide an estimate of the cost to complete the work. This amount, when approved by the Township Engineer, shall be retained along with twenty percent (20%) of the completed work estimate and the remainder released. A further ten percent (10%) of the completed work 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 returned. 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. 2] 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, parkiand, 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 \~CA -~'1 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 a.nd 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 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 2S 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 C. C. Tatham & Associates Ltd., and approved by the Township Engineer and the Township of Oro-Medonte. 7.17 PARKLAND WORKS 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 "C" to this Subdivision Agreement. 26 \ \s> 0\ ~)~ (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. (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 \~~ -J- 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 corners 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. 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 \\s>C\ -~\) 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 lots 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. (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 \~ ~ -3 (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 \\.oC\ ~ ~'1 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 (p, ~~5 Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services, in this case, until the Township has assumed the responsibility of the services. 9.7 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance therefrom as has been approved by the Township Engineer. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 9.8 DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surtace 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 surtace 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 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 Government 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 Per Title (I'i ~ r:t ~b ....' \ v /"\-i l" /Vv -"\.,...- Per Title 35 \\.o~ ,,) 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. Rdal. 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" 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 incorporated 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 97202-0-1 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. 38 SCHEDULE"D" 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). 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............... ........ ....... .................................................. .$269,600.00 B) Storm Drainage works complete, including storm sewers, ditch inlet catch basins, culverts, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices...................................... ........... .............. ....$ 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 7% G.S.T. $369,914.60 $ 25,894.02 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 LTD. (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 Jot. 40 \ \y ~ --l\ d- 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 CharQes 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" \ 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 bome 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 51M- Plan 51M- Plan 51M- Plan 51M- 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" \~q -L\~ 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" \~ 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 \ ~e-.. - 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 \ l~~ .. 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 .').;~ .. .'O.RIGINAL Ri:JE\V.ED JtJN110a~ o RO-MEDONTE TOWNSH'P RBC ~ ~k:fl Royal Bank 1M PAGE: 1 INT'L TRADE CENTRE -ONTARIO 180 WELLINGTON ST WEST 9TH FLOOR TORONTO, ONTARIO, M5J 1J1 CANADA .' \' 'E OF ISSUE: MAY 28, 2004 OUR REFERENCE NUMBER: P318817T07512 DATE OF EXPIRY: MAY 27, 2005 PLACE OF EXPIRY: TORONTO, ONTARIO ~FICIARY: ~ CORPORATION OF THE TOWNSHIP OF :)-MEDONTE 8 LINE SEVEN, SOUTH, 0, 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 ~REVOCABLE STANDBY LETTER OF CREDIT NO. P318817T07512 3 HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK OF CANADA, INTERNATIONAL TRADE ~NTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO, M5J 1Jl, FOR THE CCOUNT OF 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 VAlLABLE ON DEMAND. 'URSUANT TO THE REQUEST OF OUR SAID CUSTOMER, HURONIA HOMES LIMITED, WE, ROYAL lANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, ~ORONTO, ONTARIO M5J lJl, 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 Ii f I'- .-.4 . '7 -/../ ~ ..\ . . . . .0' nr~n\' ^L .' '''~ ~ \ -1 & ~ '..j /- 1.\1Ii'-"lo.t~ .. RBC Royal Bank \~~ - TM P318817T07S12 PAGE: 2 CH DEMAND WE SHALL HONOUR WITHOUT ENQUIRING WHETHER YOU HAVE A RIGHT AS 'WEEN YOURSELF AND OUR SAID CUSTOMER TO MAKE SUCH DEMAND AND WITHOUT ~OGNIZING ANY CLAIM OF OUR SAID CUSTOMER OR OBJECTION BY THEM TO PAYMENT BY ~ 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 CANADA, INTERNATIONAL ~E CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO M5J 1J1. B LETTER OF CREDIT, WE UNDERSTAND, RELATES TO AN AGREEMENT BETWEEN OUR SAID STOMER AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE REGARDING BLOCK 25 AN 51M-6760RO-MEDONTE (PLN NO.58534-0191) AND THE -ROAD ALLOWANCE BETWEEN LOTS & 36 CON 1 IEPR ORO-MEDONTE PLN NO.58534-0157. :E AMOUNT OF THIS STANDBY LETTER OF CREDIT MAY BE REDUCED FROM,TIME TO TIME AS ~ISEDBYNOTICE GIVEN TO US IN WRITING SIGNED BY AN AUTHORIZED SIGNING OFFICER' ~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. URTIAL DRAWINGS ARE PERMITTED. lIS LETTER OF CREDIT WILL CONTINUE IN FORCE FOR A PERIOD OF ONE YEAR, BUT SHALL ~ SUBJECT TO. THE CONDITION HEREINAFTER SET FORTH. r ISA CONDITION OF THIS LETTER OF' CREDIT THAT IT SHALL BE AUTOMATICALLY XTENDED WITHOUT AMENDMENT FOR ONE YEAR PERIODS FROM THE EXPIRY DATE HEREOF, OR NY FUTURE EXPIRATION DATE, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO ANY SUCH XPIRYDATE, WE SHALL NOTIFY YOU BY REGISTERED MAIL OR COURIER, AT YOUR ADDRESS. PECIFIED ABOVE, OR ANY OTHER YOU HAVE ADVISED TO THIS DEPARTMENT IN WRITING, 'HAT THIS LETTER OF CREDIT WILL NOT BE EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. 5XCEPT AS OTHERWISE EXPRESSLY STATED THIS CREDIT IS ISSUED SUBJECT TO JNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), ICC ?UBLI CAT I ON NO. 500. NE ENGAGE TO HONOUR PRESENTATIONS SUBMITTED WITHIN THE TERMS AND CONDITIONS INDICATED ABOVE. ~.. ~~ ". .... . C~RiGIt\lAL RBC Royal Bank- \~ ~S-O 1M P318817T07512 PAGE: 3 " \' - - - {) ) J2 L'1-tL A/.:- f./Ai2.." OTHER SIGNATURE THIS DOCUMENT CONSISTS OF 3 PAGE (S) ~ A. PCAl:iRA- ~ J. FIGUEREDO -', THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE \\.ob-\ BY-LAW NO. 2004-101 A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Alan D. Abernethy Construction Limited and Bachly Investments Inc. WHEREAS the Municipal Act, S.O., 2001, c.25, Section 11. authorizes the Council of a Municipality to pass a by-law respecting water distribution; AND WHEREAS the Applicants have requested permission from the Municipality to connect to a municipal water system (Robincrest); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Robincrest) upon certain terms and conditions; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement. shown as Schedule "Au attached hereto and forming part of this By-law. 2. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF SEPTEMBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2004. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook \ ~Io - ~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate, this day of ,2004. BETWEEN: ALAN D. ABERNETHY CONSTRUCTION LIMITED 229 Moonstone Road East MOONSTONE, Ontario LOK 1NO Hereinafter referred to as the "Registered Owner" - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter referred to as the "Municipality" - and- BACHLY INVESTMENTS INC. Hereinafter referred to as the "Developer" A description of the land affected by this Agreement is as follows: 229 Moonstone Road East Part of the East Half of Lot 15, Concession 8 (Formerly Medonte) Being all of PIN #58523-0066 Township of Oro-Medonte Roll #4346-020-005-08000-0000 The Municipality has entered into this Agreement on the day of ,2004. The Registered Owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro-Medonte By-law No. 2004-024, being a By-law to amend By-law No. 2003-025 (a By-law to regulate Municipal Water Systems within the Township of Oro-Medonte); By-law No. 2004-32, being a By-Law to establish water charges for the year 2004; and Schedule "A" Water Rates and Fee Schedule, attached hereto. The Registered Owner acknowledges and agrees that the Township of Oro-Medonte does not guarantee water pressure and that either now or in the future, the Registered Owner may be requ;red to install and maintain equ;pmenp sat;sfy preMe. ! n . 1~1J;c ~ ALAN D. RNETHY CONS RUCTION LIMITED BACHL Y INVESTMENTS INC. Alan D. Abernethy, Owner Peter Poehls Has the Authority to Bind the Corporation THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE J. Neil Craig, Mayor Marilyn Pennycook, Clerk >[ ,1 \~\O ~ 3 CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004.024 Being a By-law to Amend By-law No. 2003.o2~, a By-law to Regulate Municipal Water Systems within the Township of Oro-Medonte WHEREAS Council of the Township of Oro-Medonte did, on the 18th day of June, 2003, enact By-law No. 2003-025 to regulate municipal water systems within the Township of Oro-Medonte; AND WHEREAS Council of the Corporation of the Township of Oro-Medonte deems it desirable and necessary to amend By-law No. 2003-025; AND WHEREAS By-law No. 2003-025 deems that watering of lawns or gardens, or the filling of swimming pools, are not deemed to be domestic uses under the terms of the By-law; AND WHEREAS By-law No. 2003-025 authorizes the Director of Engineering and Environmental Services to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System; NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows: 1. THAT Section 4 of By-law No. 2003-025 be amended by adding the following: "4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swimming pools, in the Township of Oro- Medonte through a hose or other attachment except between the hours of 7:00 p.m. - 11 :00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even-numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd-numbered days of the month; c) Owners of newly seeded and/or sodded lawns, upon proof of installation and subject to the approval of the Director of Engineering and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; d} Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Engineering and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. 4.6 No person shall use water for lawn watering or any other similar purpose when a total water ban order is in effect. 4.7 A total water ban order issued by the Township to suspend lawn watering or other similar purpose shall remain in effect until it has been revoked by the Director of Engineering and Environmental Services or his designate." : '~I -. .1 2. THAT this By-law shall come into force and take effect on its final passing thereof. By-law read a first and second time this 17'h day of March 2004. By-law read a third time and finally passed this 17th day of March 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ii.-~~ Ma . r, J. eil Craig ,,': I .' \\y'V - THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE BY-LA W NO. 2004-32 BEING A BY-LAW TO ESTABLISH WATER CHARGES FOR THE YEAR 2004 WHEREAS Section 11 ofthe Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws respecting water production, treatment and storage; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing charges on any class of person for services or activities provided or done by or on behalf of it; AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides the Treasurer of a local municipality may add charges imposed by the municipality under Part XII of the said Act to the tax roH for the property to which the public utility was supplied and collect them in the same manner as municipal taxes; AND WHEREAS the Council of The Corporation ofthe Township ofOro-Medonte deems it necessary to pass a by-law to establish water charges for the year 2004; NOW THEREFORE the Council of the Corporation of The Township ofOro-Medonte enacts as follows: 1. DEFINITIONS For the purpose ofthis by-law, 1 .1."Municipal Water Area" shall mean a subdivision within The Corporation of the Township ofOro-Medonte. l.2."Municipal Water Systems" shaJJ include aH water works established within the present Township of Oro-Medonte, and shaH further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shaH not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors; 1.3."Owner" shaH mean the assessed owner(s) as identified on the Assessment RoH for taxation purposes during the current year, as amended. 1.4."Treasurer" shaH mean the Treasurer of The Corporation of the Township ofOro- Medonte. 1.5."Unit" shaH mean an assessed or assessable unit within a residential, commercial or industrial building, and shaJJ include an apartment located within a single family dweHing which is serviced by the Township Water System, as pennitted under the applicable Zoning By-law. 1.6."Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. , ~. , .~ BY-LA W NO. 2004-32 (cont'd.) \ \ . ' \\9D- 2. WATER CHARGES, BILLING AND COLLECTION 2.1 .As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for owner. The owner will then be charged at the appropriate water rate, as per Schedule "A". 2.2. At the end of September each year, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the year. 2.3.The Treasurer shall calculate water charges to be assessed against each unit in a Municipal Water Area, in accordance with the minimum quarterly charge and rates per cubic meter as set out in Schedule "A" ofthis by-law. 2.4.The Treasurer shall, for each calendar quarter, issue bilts to each unit based on the applicable water charges. Water bills shall be due and payable not less that twenty- one (21) days from the date of mailing. 2.5.Water payments shall be payable to The Corporation ofthe Township ofOro- Medonte and may be paid during office hours in person or by mail at the Oro- Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2XO, or at most financial institutions. Water payments made ata financial institution shall deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. 2.6.The Treasurer shall impose a ten (10) percent late charge on all unpaid accounts on the day after the due date. 2. 7.If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398 of the Municipal Act, 2001, c. 25, as amended. 3. That this By-law shall take force and effect on January 1, 2004. READ A FIRST AND SECOND TIME THIS 21st DAY OF APRIL, 2004. READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF APRIL, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~< /Zed ~ MA R, J. NEIL CRAIG 1L~,L~ CLERK, MA YN PENNY! OOK 2 .... .... SCHEDULE "A" \ \ WATER RATES AND FEE SCHEDULE BY-LA W NO. 2004-32 WATER RATES: METERED: RESIDENTIAL OR COMMERCIAL SHANTY BAY - M-66, M-71, M-696 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters HARBOURWOOD - M-118 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00IUnit for twelve (12) Months $143.75/Unit for three (3) Months SUGARBUSH - M-8, M-9,M-30, M-31, M-367, M-368 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CEDARBROOK - M-157 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CANTERBURY - M-343 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $1 43.75/Unit for three (3) Months $600.00/Unit for twelve (12) Months $150.00/Unit for three (3) Months $600.00/Unit for twelve (12) Months $150.00/Unit for three (3) Months 3 ". .' BY-LAW NO. 2004-32 (cont'd.) MAPLEWOOD Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters \ $575.00/Unit for twelve (12) Months $1 43.75/Unit for three (3) Months HORSESHOE HIGHLANDS - M-391, M-447, M-456 ZONE II Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CRAIG HURST - M-510 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters W ARMINSTER - 309, M~104, M-92 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $ I 43. 75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Month Period SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR ALL METERED SYSTEMS EXCEPT CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.81/Cubic Meter $1.97/Cubic Meter SURCHARGE BASED ON TWELVE (12) MONTH PERJOD FOR CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $ I .89/Cubic Meter $2.05/Cubic Meter 4 17 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-100 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, SEPTEMBER 15, 2004. 4 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, September 15, 2004, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 15th DAY OF SEPTEMBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF SEPTEMBER, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook