2002-104 To Rezone Concession 2, Part of Lot 10 and Lot D, RP 51R-28593, Part 1, Township of Oro-Medonte (Formerly Township of Oro), County of Simcoe (Heritage Hills Golf Club Limited)
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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BY-LAW NO. 2002-104
A By-law to Rezone Concession 2, Part of Lot 10 and Lot D, RP 51R-28593, Part 1, Township of
Oro-Medonte (formerly Township of Oro), County of Simcoe (Heritage Hills Golf Club Limited).
WHEREAS Zoning By-law 1997-95 was enacted to regulate the use of land and the character, location,
and use of buildings and structures within the Township of Oro-Medonte;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it appropriate
to further amend By-law 1997-95, as amended;
AND WHEREAS this By-law is in conformity with the Official Plan of the Township of Oro-Medonte;
AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O., 1990 c. P. 13,
to the Council of the Corporation of the Township of Oro-Medonte to exercise such powers.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE ENACTS AS FOLLOWS:
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1.
Schedule "A9" of By-law 97-95 for the Township of Oro-Medonte, as amended, is
hereby further amended by rezoning those lands shown on Schedule "A", attached hereto, from
the Agricultural/Rural (NRU) and Environmental Protection (EP) Zones to the Private
Recreational (PR) and Environmental Protection Holding (EP*153) Zones.
2. That Subsection 7 of By-law 97-95 be and is hereby amended by the addition of the
following subsection:
"7.153
*153 - PART OF LOT 10 AND LOT D, CONCESSION 2
(FORMER ORO)
Notwithstanding any other provision in this By-law, a golf course,
exclusive of any buildings, but including such facilities and structures as
may be necessary for erosion and sedimentation control, stormwater
management, drainage and flood control, water supply and distribution systems,
and no more than three structures necessary for crossing the watercourse, are
permitted on the lands denoted by the symbol *153 on the schedules to this By-
law."
3.
Schedule "A", attached, forms part of this By-law.
4. This By-law shall take effect and come into force pursuant to the provisions of and
regulations made under the Planning Act, R.S.O., 1990 c. P. 13.
BY-LAW READ A FIRST AND SECOND TIME, TillS 16TH DAY OF OCTOBER, 2002.
BY-LA W READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF
OCTOBER, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
M:YOr-J.Neil~
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SC)ledule 'A' to B)T.Law
2002-104
_is is Schedule 'A' t.o IJ:r-Law
2002-104
.-nssed ',he 16th da,' of October, 2002
Clerk
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~ Area to be rezoned from the Agriculturol/Rurol (A/RU) Zone to the Privote Recreotion (PR) Zone.
fa Areo to be rezoned from the Environmentol Protection (EP) Zone to the Environmentol Protection Exception 153 (EP"153) Zone.
TO"TJlsltip of Oro-Medonte
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ROAD IMPROVEMENT AGREEMENT
THIS AGREEMENT made this
,2002.
day of
BET WEE N:
HERITAGE HILLS GOLF CLUB LIMITED
hereinafter called the "Owner"
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter called the "Municipality"
OF THE SECOND PART
WHEREAS the Owner proposes to operate a golf course on Lot 10 and Lot D,
Concession 2 and Road Allowance between Lots 10 and D, being Part 1, 51 R-28593,
being all of PIN #58552-0065 (Lt).
AND WHEREAS as a condition of the Municipality granting its approval to the operation
of the golf course, the Municipality requires the Owner to enter into this Agreement to
provide for road improvements at the Owner's expense in the immediate vicinity of the
golf course, as per Schedule "A".
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 Municipality to the Owner (the
receipt whereof is hereby acknowledged), THE OWNER AND THE MUNICIPALITY
HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS:
1. SCOPE OF AGREEMENT
1.1 Conformity with Agreement - the Owner covenants and agrees that all work
performed pursuant to this Agreement shall be in conformity with the
specifications accepted by the Municipality.
1.2 Reliance Upon Representations - the Owner acknowledges that:
a) He has made representations to the Municipality that he will complete all
municipal and other works, required herein, in accordance with the
Municipality's standards.
b) The Municipality has entered into this Agreement in reliance upon these
representations.
1.3 Schedules Attached - the following Schedules are attached to this Agreement:
Schedule "A" - Description of Works and Schedule of Works
Schedule "B" - Cash Deposits and Security
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2. CONDITIONS PRIOR TO EXECUTION OF AGREEMENT BY THE
MUNICIPALITY
2.1 Prior to the execution of this Agreement by the Municipality, the Owner shall:
a) Cash Deposits and Security - have paid to the Municipality, all cash deposits
and security required by Schedule "B" attached.
b) Insurance Certificate - have filed with the Municipality, an insurance
certificate confirming those coverage's specifically set out hereafter.
3. ROAD IMPROVEMENTS - ON MUNICIPAL PROPERTY
3.1 The Owner will construct and install, at its expense, the hereinafter-required road
improvements. Such improvements shall be constructed in accordance with the
standards and specifications required by the Municipality to the satisfaction of
the Public Works Superintendent.
These improvements may be summarized as follows:
a) See Schedule "A" - upgrading the Gore Road from Cashway Road to Line 1
South.
b) Dust Suppression - controlling dust by using an approved dust suppressant
on the road under construction.
3.2 The Owner acknowledges that the final surface treatment of the road shall not
be done until one (1) year after the road base has been approved, in writing, by
the Public Works Superintendent.
4. SPECIAL PROVISION - PREFERRED ROUTE
4.1 The Owner agrees that all advertisements and signage will direct traffic to the
golf course by way of Gore Road.
5. EMERGENCY SITUATION
5.1 If, as a result of any work undertaken by the Owner or its servants or agents,
there is, in the opinion of the Public Works Superintendent, an emergency
situation which requires immediate attention to avoid damage to private or public
property or services owned by the Municipality, such work may be done
immediately by the Municipality at the expense of the Owner, but notice shall be
given to the Owner at the earliest possible time.
6. INSURANCE CERTIFICATE AND POLICY
6.1 Policy of Insurance - the Owner shall lodge with the Municipality on or prior to
the start of construction, an insurance certificate with an insurance company
satisfactory to the Municipality, (the approval of which shall not be unreasonably
withheld or delayed), and insuring for the joint benefit of the Owner and the
Municipality, against any liability that may arise out of the construction or
installation of any work to be performed pursuant to this Agreement.
6.2 Comprehensive General Liability - such policy shall carry limits of liability in the
amount to be specified by the Municipality, but in no event shall it be less than
$2,000,000.00 inclusive comprehensive general liability and such policy shall
contain:
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a) a cross-liability clause;
b) product/completed operation coverage;
c) shall include the following names as insured:
i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
6.3 Certificate of Coverage - any certificate of coverage filed with the Municipality
shall specifically contain confirmation that the coverage includes (a), (b) and (c)
above.
6.4 The Owner agrees that there will be no blasting for construction of
improvements, unless prior written approval of the Municipality is obtained and
insurance satisfactory to the Municipality is in place.
6.5 Confirmation of Premium Payment - the Owner shall, from time to time as
required by the Municipality, provide confirmation that all premiums on such
policy or policies of insurance have been paid, and that the insurance is in full
force and effect, and ensure that a copy of the policy is filed with the
Municipality.
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6.6 Claim in Excess of Policy Limits - the issuance of such policy of insurance shall
not be construed as relieving the Owner from responsibility for other or larger
claims, if any, or for which it may be held responsible.
6.7 Notice of Cancellation - the insurance company shall agree to notify the
Municipality within fifteen (15) days of any cancellation or expiry of said
insurance policy.
7. CONSTRUCTION, COMMENCEMENT AND COMPLETION
7.1 The Owner is proposing to phase construction of the improvements,
commencing construction in the Spring of 2003, with completion in the Fall of
~ as per Schedule "A".
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8. EXPENSES TO BE PAID BY THE OWNER
8.1 Every provision of this Agreement by which the Owner is obligated in any way,
shall be deemed to include the words "at the expense of the Owner", unless the
tit context otherwise requires.
8.2 The Owner shall pay such reasonable fees as may be invoiced to the
Municipality by its solicitor and its Municipal Engineer, in connection with all work
to be performed, as a result of the provisions of this Agreement.
8.3 All expenses for which demand for payment has been made by the Municipality,
shall bear interest at the rate of 12%, per annum, commencing thirty (30) days
after demand is made.
8.4 In the event that the Municipality finds it is necessary to engage the services
of an Engineer or technical personnel not permanently employed by the
Municipality, to review the plans of the Owner and/or carry out on-site
inspections of the work performed, the Municipality will advise the Owner
accordingly of this need, and the costs of such outside Engineers so engaged
shall be the responsibility of the Owner. The Municipality may require a deposit
for this purpose.
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9. CASH DEPOSITS AND SECURITY
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9.1 The Owner shall lodge with the Municipality, those cash deposits and security
more particularly described in Schedule liB" and at the dates specified therein.
9.2 In the event that the expenses of the Municipality exceed the amount of the
cash deposits or security set out in Schedule liB" attached, the Owner shall pay
such excess charges within thirty (30) days after demand by the Municipality.
9.3 Construction Lien Sub-Search - shall be done to determine that no construction
liens have been filed with respect to the Municipality.
9.4 Acceptance of Improvements - the acceptance of the Road Improvements
shall be in the reasonable discretion of the Public Works Superintendent.
1 O. APPLICATIONS OF LETTER OF CREDIT AND SECURITY
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10.1 Any Letter of Credit or Security filed with the Municipality 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 Municipality may be
used as security for any item or any other matter, which under the terms of this
Agreement is the responsibility of the Owner.
11. REALIZATION OF SECURITY OR DEPOSITS
11.1 Default - if, in the event of default of the Owner under any of the provisions of
this Agreement, it becomes necessary for the Municipality to realize on its
security or deposits, then the Municipality (its servants, agents or
sub-contractors) shall, if the Municipality so elects, have the right and privilege
at all times to enter upon the lands for the purpose of repairing or completing or
paying for any work or services required to be completed by the Owner under
this Agreement.
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11.2 Exceeding Cost Estimates - if the costs of completing such work or
improvements exceed the amount of security held by the Municipality, such
excess shall be paid by the Owner to the Municipality, thirty (30) days after
invoicing by the Municipality. All overdue accounts shall bear interest at the
rate of twelve (12%) percent per annum.
11.3 Save Harmless - the Owner, on behalf of itself, its successors and assigns,
agrees to indemnify and save harmless the Municipality 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
Municipality, 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 Municipality, its servants or agents
or sub-contractors.
11.4 The Construction Lien Act - if the Municipality becomes obligated to make any
payments, or pay any costs, under the provisions of the Construction Lien Act,
this will constitute a default and entitle the Municipality to realize upon its
security.
12. REALIZATION ON LETTER OF CREDIT
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12.1 In the event that the Municipality cashes a Letter of Credit, any surplus monies
remaining after the completion of the work by the Municipality will be returned
to the issuing Sank for transmission to that party that took out the original Letter
of Credit with the Bank.
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13. ESTOPPEL OF OWNER
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13.1 The Owner agrees to not call into question, directly or indirectly, in any
proceeding whatsoever, in law or in equity, or before any administrative
tribunal, the right of the Municipality to enter into this Agreement and to enforce
each and every term, covenant and condition herein contained, and this
Agreement may be pleaded as an estoppel against the Owner in any such
proceedings.
14. TIME OF THE ESSENCE
14.1 The parties hereto agree that time shall be of the essence in the Agreement.
15. INTERPRETATION
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15.1 Provided, and it is hereby agreed, that in construing these presents, the word
"Owner" and the personal pronoun "he" or "his" relating thereto and used
therewith, shall be read and construed as "Owners" and "his", "hers", "its", or
"their", respectively as the number and gender of the party or parties referred
to in each case require, and the number of the verb agreeing therewith shall
be so construed as agreeing with the said word or pronoun so substituted.
15.2 And that all covenants, rights, advantages, privileges, immunities, powers and
things hereby secured to the Municipality shall be equally secured to and
exercisable by its successors and assigns as the case may be.
15.3 And that all covenants, liabilities and obligations entered into and imposed
hereunder upon the Owner, shall be equally binding upon his, her, its or
their heirs, executors, administrators and assigns, or successors and assigns
as the case may be, and that all such covenants and liabilities and obligations
shall be joint and several.
THIS AGREEMENT shall enure to the benefit of and be binding upon each of the
parties hereto and their respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
following dates:
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By the Owner on the
day of
,2002.
Per:
Br~ o~
Don Hanninen
Per:
By The Corporation of the Township of Oro-Medonte on the If:; day of
,2002.
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THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Per: (}r ~ ~
J. N'8il Craig, Mayor
Per:
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SCHEDULE" A"
tit THIS IS SCHEDULE "A" TO THE ROAD IMPROVEMENT AGREEMENT BETWEEN
HERITAGE HILLS GOLF CLUB LIMITED AND THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF WORKS AND SCHEDULE OF WORKS
2003 Filter cloth nine (9) metres wide; gravel surface eight (8) metres wide; 150mm
thick of 16mm Granular "A" on Gore Road from Line 1 South to Cashway Road
(Township of Oro-Medonte to supply Granular "A").
2004 Surface from Line 1 South to Cashway Road with a single high float surface and
a single 10mm clear chip for the second surface.
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SCHEDULE "B"
tit THIS IS SCHEDULE "8" TO THE ROAD IMPROVEMENT AGREEMENT BETWEEN
HERITAGE HILLS GOLF CLUB LIMITED AND THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
CASH DEPOSITS AND SECURITY
The Owner shall, on the dates specified herein, lodge with the Municipality, the following
described cash deposits and security.
1. TYPE OF SECURITY
Any security required to be filed under this Agreement shall be by certified
cheque or by Letter of Credit valid for a period of one (1) year with extension
provisions and prepared in a form provided by the Municipality. It shall be drawn
on a Chartered Bank of Canada and shall be for the amount hereafter set out.
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2.
Prior to execution of this Agreement, the Owner shall deposit a $25,000.00 Letter
of Credit with the Municipality as security to guarantee performance of his
construction obligations.
3. The Letter of Credit shall remain with the Municipality until all provisions and
obligations of the Owner, as set out in this Agreement, have been fulfilled.
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