2002-060 To authorize the execution of an Agreement between the Township of Oro-Medonte, City of Barrie,City of Orillia and Lake Simcoe Regional Airportrr
•
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW N0.2002-060
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Being a By-law to Authorize the Execution of an Agreement
between The Corporation of the Township ofOro-Medonte,
The Corporation of the City of Barrie, and the Corporation of the City of Orillia
for the Operation and Management of Lake Simcoe Regional Airport
WHEREAS s. 207, paragraph 5 of the M ~nic:ipal Act, RSO 1990, c.M.45, as amended,
authorizes a Municipal Council to pass a by-law for entering into and performing of any
agreement with any other Council for fulfilling, executing or completing at their joint
expense and for their joint benefit any service within the jurisdiction of the Council;
AND WHEREAS s. 207 paragraph 10 of the Municipal Act, RSO 1990, c.M.45, as
amended, further authorizes, inter alia, a Municipal Council to pass a by-law for
establishing, operating, maintaining and improving aerodromes in compliance with the
Air Regulations (Canada);
AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 of the Municipal
Act, RSO 1990, c.M.45, as amended, a Council is also empowered to entrust the
control and management of any aerodrome so established to a Commission appointed
by Council;
AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 subparagraph (a)
of the Municipal Act, RSO 1990, c.M.45, as amended, a Council may acquire land in
the municipality or in an adjacent or adjoining municipality or in any adjacent or
adjoining territory with municipal organization, or may acquire by lease or otherwise, an
existing aerodrome in the municic~ality;
AND WHEREAS, the Township of Oro-Medonte, the City of Orillia and the City of Barrie
previously entered into a Joint Venture Agreement dated May 2, 1990 to establish an
aerodrome in the Township of Oro-Medonte, now known as the Lake Simcoe Regional
Airport, to service all three municipalities and to provide for the joint exercise in
connection with such aerodrome of all powers and rights contained in the said s.207
paragraph 10 of the Municipal Act, RSO 1990, c.M.45, as amended;
AND WHEREAS pursuant to s.210.1 of the Act and regulations thereto, a Council may
enter into agreements for the provision of municipal capital facilities by any person;
AND WHEREAS the Township of Oro-Medonte, the City of Orillia and the City of Barrie
hereto wish to provide for the continued management, operation, maintenance and
improvement of the Lake Simcoe Regional Airport by the Lake Simcoe Regional Airport
Commission;
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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, the Lake Simcoe Regional Airport Agreement, a copy
of which is attached hereto and forms part of this By-law as Schedule `A'.
2. 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 15t" day of May, 2002.
By-Law read a third time and finally passed this 15th day of May, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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or, J. Neil Craig
. ~~
.,
er , Maril Pennycook
Schedule "A" to
By-Law No. 20Q2-060
LAI~:E SIMCOE REGIONAL AIRPORT AGREEMENT
THIS AGREEMENT made this IOt~' day of June, A.D., 2002
BETWEEN:
THE CORPORATION OF THE CITY OF BARRIE
Hereinafter referred to as "Barrie"
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter referred to as "Oro-Medonte"
AND:
THE CORPORATION OF THE CITY OF ORILLIA
Hereinafter referred to as "Orillia"
PREAMBLE:
(A} WHEREAS s. 207, paragraph 5 of the Municipal Act, RSO 1990, c.M.45, as amended
(hereinafter referred to as "the Act") authorizes a Municipal Council to pass a by-law for
entering into and performing of any agreement with any other Council for fulfilling,
executing or completing at their joint expense and for their joint benefit any service
within the jurisdiction of the Council;
(B) AND WHEREAS s. 207 paragraph 10 of the Act further authorizes, inter alia, a
Municipal Council to pass a by-law for establishing, operating, maintaining and
improving aerodromes in compliance with the Air Regulations (Canada);
(C} AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 of the Act, a Council
is also empowered pursuant to the by-law in (B), to entrust the control and management
of any aerodrome so established to a Commission appointed by Council;
(D) AND WHEREAS, pursuant to the provisions of s. 207 paragraph 10 subparagraph (a} of
the Act, a Council may acquire land in the municipality or in an adjacent or adjoining
municipality or in any adjacent or adjoining territory with municipal organization, or may
acquire by lease or otherwise, an existing aerodrome in the municipality;
2
(E) AND WHEREAS, the Parties previously entered into a Joint Venture Agreement (the
"JVA") dated May 2, 1990 to establish an aerodrome in the Township of Oro-Medonte,
now known as the Lake Simcoe Regional Airport ("LSRA"), to service all three
municipal Parties and to provide for the joint exercise in connection with such aerodrome
of all powers and rights contained in the said s.207 paragraph 10;
(F) AND WHEREAS the City of Barrie holds title to the LSRA lands in trust for all of the
Parties hereto;
(G) AND WHEREAS, the Parties to the JVA established a commission pursuant to s.207,
paragraph 10 of the Act to manage, operate, maintain, and improve the LSRA which
commission was incorporated by Letters Patent in accordance with the laws of the
Province of Ontario as a corporation without share capital known as the Lake Simcoe
Regional Airport (hereinafter referred to for the purposes of this Agreement as the Lake
Simcoe Regional Airport Commission or "LSRAC");
(H) AND WHEREAS the Parties have entrusted the management, operation, maintenance
and improvement of the LSRA to the LSRAC;
(I) AND WHEREAS the Parties hereto wish to provide for the continued management,
operation, maintenance and improvement of the LSRA by the LSRAC;
(J) AND WHEREAS pursuant to s.210.1 of the Act and regulations thereto, a Council may
enter into agreements for the provision of municipal capital facilities by any person;
(K) AND WHEREAS in order to promote the continued viability and increased growth of the
LSRA, the Parties wish to renew their agreement and provide for additional powers to the
LSRAC, and to make provision for the sale of certain of the LSRA lands for airport-
related commercial development;
(L) AND WHEREAS the Government of Canada by letter dated September 12, 2001 and
attached as Schedule D hereto has authorized the sale of those LSRA lands described on
Appendix 1 to Schedule C of this Agreement;
(M} AND WHEREAS the Province of Ontario, through correspondence dated March 31,
2001, and attached as Schedule E hereto has authorized the sale of any of the lands in
_ Schedules A and B, including those lands described in Appendix 1 to Schedule C of this
Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSES that the Parties hereto in consideration
of the premises and the mutual covenants and agreements hereinbefore contained and expressed,
MUTUALLY COVENANT AND AGREE as follows:
3
1.0 JVA 1990
1.01 Except as hereinafter expressly provided, this Agreement replaces the JVA dated
May 2°d, 1990.
2.0 THE LSRA
2.01 The LSRA consists of those lands described in Schedules A and B hereto.
2.02 The LSRAC established pursuant to the JVA shall continue to manage, operate,
maintain and improve the aerodrome known as the LSRA located in the Township
of Oro-Medonte on the lands as described on the attached Schedules A and B
hereto.
2.03 The LSRA shall be maintained and operated in compliance with all applicable
Federal, Provincial and Municipal requirements as they are in force from time to
time. For greater certainty, the Parties agree that development at the LSRA,
including airport-related commercial development, will be subject to the by-laws
and regulations of the Township of Oro-Medonte or any successor thereto,
including, without limiting the generality of the foregoing, zoning, site plan
control and building by-laws and regulations.
. 3.0 MANAGEMENT
LSRAC
3.01 The Parties hereto agree that the membership of the LSRAC shall continue to be
comprised of three (3) representative members of each respective Party.
3.02 The Parties hereto agree that such representative members of each Party continue
to consist of at least one (1) elected official and at least one (1) non-elected
resident of each respective appointing municipality.
Appointments
3.03 Subject to section 3.06 herein, the representative members of the LSRAC are to
be appointed by each Parties' respective Council to serve at the pleasure of that
- appointing Council and to represent the Parties hereto.
3.04 Subject to the discretion of each respective appointing Council to replace their
representative member(s) at any time, the Councils of each Party shall endeavour
to make their appointments to the LSRAC on a rotating basis for a term of three
(3) years.
Vacanc
3.05 In the event of a vacancy occurring, the Council with the vacant position shall
appoint a new representative member to fill that vacancy forthwith, but only for
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such length of time necessary t ° resenitative memberpresentative member to
complete the term of the prevrous r p
Re-Appointment
3.06 Subject to s.3.03, each representative member may be eligible for reappointment
provided that no representative member shall serve for more than three (3)
consecutive terms.
` President Vice President and Secretary-Treasurer
3.07 The positions of President, Vice-President and Secretary-Treasurer shall be
elected from and by the representatives and shall be nominees of the
representatives hereto and in such capacity shall exercise one vote each.
Sub-Committee(s)
3.08 The LSRAC may, from time to timed cegrta n matter to thecLSRACttand )this
struck to investigate and report o
committee shall be appointed by the President.
uorum
3.09 A quorum shall consist of five (5) of the members of the LSRAC.
Entrust Commission
3.10 Upon execution of this Agreement, the Parties shall continue to entrust the
management, operation, maintenance and improvement of the LSRA to the
LSRAC for the benefit of the Parties to this Agreement.
4.0 FINANCIAL GENERAL:
p,pp~ ortionment Percentage
4.01 The Parties agree that all monies contributed for the maintenance, operatian,
capital or borrowing charges attributed to the LSRA shall be on an apportioned
percentage basis. The apportionment for funding requirements for the said Parties
shall be on the basis of their percentage of taxable assessment to the total taxable
assessment of the said Parties as provided to them by the Municipal Property
Assessment Corporation (MPAC). This percentage is to be applied to the
budgeted costs (costs after applying all sources of operating revenue other than
municipal contributions or other contributions in s.5.03 of this Agreement) to
determine the dollar contribution required by each Party. The calculation shall
apply up to and including the pors shaIlebe f ~ ed. Thei percentage f O tors dfortthe
which time the percentage fac
year 2001 are:
5
Barrie 67.22%
Orillia 16.32%
Oro-Medonte 16.46%
` Maintenance and Operation Monies
4.02 The Parties agree that monies required for the maintenance and operation of the
LSRA, as may be required and determined by the LSRAC, shall be requested of
the Parties, on an annual budgetary basis, for their respective Council approval.
Where a Party or Parties do not approve the amount as required in section 5.01
herein, the LSRAC may proceed at the previous year's agreed upon amount for
the maintenance and operation of the LSRA until such time as a resolution is
reached, in accordance with Section 13.0 herein.
Capital Monies
4.03 Subject to the requirements in s. 5.0 of this Agreement, the Parties agree that
monies required for capital expenditures, as may be required and determined by
the LSRAC, shall be requested of the Parties, on an annual budgetary basis, for
their respective Council approval. In the event of any disagreement regarding
same, the Parties will submit the matter for dispute settlement in accordance with
s.13.0 herein. In the interim, the LSRAC will not proceed with the portion of the
capital expenditure under dispute.
Borrowed Monies
4.04 The Parties agree that the LSRAC, with the consent of the Parties hereto, may
borrow such amounts of monies as approved by the Parties for future
development of the LSRA.
Percentage Payments and Allocation
4.05 The Parties agree that the payments requested of each Party in s. 4.02, s. 4.03 and
s. 4.04 shall be calculated in accordance with the percentage allocations outlined
in s.4.01.
4.06 The Parties agree that debt obligations incurred for borrowed monies as permitted
. in s. 4.04 shall, for the purpose of calculating each Party's contribution ar
liability, be allocated among the Parties in accordance with the percentage
allocations outlined in s. 4.01.
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5.0 FINANCIAL MANAGEMENT:
Budget
5.01 The LSRAC is entrusted with the financial management of the LSRA as
hereinbefore provided and shall have the further right and be responsible to:
(a) prepare a budget, operational, capital and including reserve transfers on an
annual calendar year basis for the approval of each of the Parties;
(b) submit a letter to the respective treasurers of the said Parties by the ls` of
December of the current year, indicating the estimated percentage increase
or decrease, if any, of the budgets for the ensuing year.
(c) prepare and submit a draft budget by the lst of January of each year and
prepare and submit a final budget no later than the 28 day of February in
each year.
5.02 It is understood and agreed that any Party may return the budget to the LSRAC
for explanation or review.
Special Reserve Accounts
5.03 The LSRAC is hereby entitled to receive contributions or donations from third
parties to be applied for specific operating or capital expenditures. For such
purposes, the LSRAC shall be entitled to establish and maintain separate
operating and capital reserve account(s) and to direct such contributions to this
account(s). Such contributions shall not be applied to the budgeted amounts
calculated in accordance with s.4.0 and s.5.0 of this Agreement.
Invoicing
5.04 The LSRAC may invoice each Party for their share of the annual operating and
capital budget, such invoiced amounts due and payable by each Party in
accordance with the following priorities:
Operating
(a) 50% of the amount of the previous year's share to be invoiced by December
15`''. This amount shall be due and payable on January 15`'' of the following
calendar year;
(b) 50% of such Party's share of the approved budget for the current calendar
year calculated and invoiced by June ls`. This amount shall be due and
payable on June 30"' of that year;
.,
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Capital
(c) the capital requisition to be invoiced 15 days after the approval of all
parties.
Financial Statements:
5.05 The LSRAC is required to prepare unaudited financial statements by February
28`h of the year following the fiscal year to which the statement will apply. The
audited financial statements must be provided to each Party by no later than
March 31st of the same year in which the statement is prepared.
Default
5.06 (a) In the event of any Party defaulting on payment as set out in s.5.04 (a),
(b), and (c), the LSRAC may recover the payment, with interest to be
charged to the defaulting Party on the unpaid portion of its apportionment
remaining after the effective due dates in any year, at the rate the LSRAC
would be required to borrow money at the relevant time whether or not the
LSRAC is actually required to borrow such money. Upon default, the
defaulting Party shall not be entitled to exercise their management rights
pursuant to this Agreement, for the period of default.
(b) Where any Party is in default of their payment obligations in s. 5.04
herein, and such defaulted payment and interest is at least equal to the
Party's respective initial contribution to the LSRA set out in s. 5.06 (c),
any non-defaulting Party may terminate the defaulting Party's
participation and rights under this Agreement, upon ninety (90) days'
written notice.
(c) Each of the three (3} Parties acknowledge and agree that their initial
contribution to the LSRA, for purposes of s. 5.06 (b) are as follows:
Barrie $1,200,481.45
Orillia $349,425.20
Oro-Medonte $225,814.09
• (d) The Parties hereby agree that, in the event of default and notice under s.5.06
(b}, the defaulting Party has no further right or remedy against the other
Parties hereto or the LSRAC.
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(e) In the event of default, the LSRAC may proceed with the approved budget
expenditures for one additional fiscal year, in accordance with the approved
• budget.
(f) Any failure by the LSRAC or of any non-defaulting Party to exercise their
remedies pursuant to this Agreement is deemed not to be a waiver of any rights
•~ it has under this Agreement.
Insurance:
5.07 The LSRAC is required to maintain adequate and up to date liability insurance.
Acquire Revenue
5.08 The Parties may take all steps necessary to obtain revenues and required funding
including all applications to obtain grants for the development, operation and
maintenance of the LSRA from any source.
Revenue Accountability
5.09 The LSRAC will ensure that the amount of such grants are accounted for in the
. LSRAC Budget from year to year along with any other revenues obtained by the
LSRAC or LSRA.
Leasin
5.10 In the interest of providing revenue, the LSRAC is authorized to lease any
property or space under the control of the LSRAC but not deemed necessary for
the immediate operation of the LSRA for airport-related purposes, for a period not
to exceed twenty-one (21) years less one (1) day. The Parties agree that the
proceeds from any such lease shall remain with the LSRA to be applied against
the annual operating, maintenance and improvement costs of the LSRA. Such
lease proceeds will be accounted for in the annual LSRAC budget.
Expenditure Controls
5.11 Except as provided in s.5.06 (e), the LSRAC shall only have the right to make
expenditures in accordance with the current budget authorized by the Parties
hereto, and to ensure that the LSRAC shall not without the prior consent of the
. Parties hereto, spend any monies that have not been authorized in the current
budget.
All Party Expenditures
5.12 Each Party is required to submit to the LSRAC an invoice for any LSRA-related
expenses for approval and payment.
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Taxes
5.13 In the event that either Barrie or Orillia are subject to taxes on their interest in the
LSRA lands in the Township of Oro-Medonte, then the Township of Oro-
Medonte shall refund to the LSRAC that portion of the aforementioned taxes not
attributable to the assessment for any school board or County purposes. This
_ provision shall not apply to lessees of occupied space assessed as taxable.
Airport Manager
5.14 The LSRAC shall appoint an Airport Manager who is the recording secretary for
the LSRAC with responsibility for the day-to-day management, operation and
maintenance of the LSRA, and for recommending improvements of the LSRA to
the LSRAC.
Secretary-Treasurer
5.15 Subject to the requirement for audited financial statements in s.5.05 herein, the
Secretary-Treasurer shall utilize the services of the City of Barrie Treasury
Department to provide accounting services for the LSRAC.
6.0 ADMINISTRATION
Rules and Regulations
6.01 The LSRAC may establish rules and regulations not inconsistent with the
provisions of this Agreement for the conduct of its meetings and for the
management of the LSRA and the furtherance of the projects authorized
hereunder. Such rules may be amended and changed from time to time within the
discretion of the members of the LSRAC.
6.02 The LSRAC may also make recommendations to the Parties for the construction
of additional buildings or facilities, as the same may be from time to time required
or desirable to achieve the goals of the LSRA.
6.03 In the interests of expediency or safety, the LSRAC may recommend to the
Parties the acquisition and/or provision of such navigational aids or aeronautical
devices as may be required by the Aeronautics Act, R.s.C. 1985 and/or Air
Regulations (Canada).
6.04 The LSRAC shall ensure that air safety is the primary operational goal of the
LSRA.
6.05 The LSRAC shall be responsible for all public relations involving all Parties
regarding the LSRA.
io
6.06 The LSRAC shall market the LSRA in accordance with good promotional
strategies.
6.07 Subject to the provisions of s.5.10, s.8.0 and s.9.0 and Schedule C of this
Agreement, the LSRAC may call for proposals and/or tenders from an appropriate
person(s) with a view to entering into contractual agreements with the LSRAC
and/or the Parties, where applicable, to provide for the development, operation,
maintenance and improvement of the LSRA and, without limiting the generality
of the foregoing, to provide for necessary leasing or sale arrangements with any
person.
6.08 At all times the LSRAC shall conduct the business of operating the LSRA in
accordance with good business practices.
7.0 OWNERSHIP OF LANDS:
Ownership
7.01 The Parties acknowledge and agree that Barrie holds and shall continue to hold
title to the LSRA Lands described in Schedules "A" and "B" in trust for all
Parties to this Agreement and that any sale or other disposition of such lands will
be in accordance with s.8.0, s.9.0, s.14.01 and Schedule C of this Agreement.
8.0 SALE OF SPECIFIC LANDS FOR AIRPORT-RELATED COMMERCIAL
DEVELOPMENT
8.01 The Parties have agreed that certain portions of the LSRA Lands are available for
sale for certain airport-related commercial development. The Lands available for
such sale are described in Schedule F attached hereto and forming part of this
Agreement.
8.02 The Parties hereby agree to consider exercising all available powers pursuant to
provincial legislation, including, without limiting the generality of the foregoing,
s.210.1 of the Municipal Act, or any successor legislation, to facilitate the sale of
portions of the LSRA as outlined in Schedule F, for the provision of airport-
related commercial facilities.
8.03 The Parties agree that the lands described in Schedule F may be sold to third
parties for airport-related purposes on the recommendation of the LSRAC and
with the consent of all parties, in accordance with the Land Sale Policy for
Airport-Related Commercial Development, attached to Schedule "C" to this
Agreement.
8.04 The Parties agree that all revenue from the sale of any Lands in s.8.02 and s.8.03
shall remain with the LSRAC for the express use of capital improvements to the
LSRA.
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9.0 DISPOSITION OF BALANCE OF AIRPORT LANDS
9.01 With the exception of those lands designated in Schedule F, the Parties agree that
none of the lands described in Schedule "A" or "B" of this Agreement or any
lands subsequently purchased for the LSRA shall be disposed of except on the
recommendation to the Parties by the LSRAC and subject to the approval of
Transport Canada and the Parties.
(a) If any Lands described in Schedule "A" to this Agreement should
be disposed of, then the Parties shall share the proceeds of such
sale in the following manner:
(i) Barrie 65.76%
(ii) Orillia 21.85%
(iii) Oro-Medonte 12.39%
(b) If any Lands described in Schedule "B" to this Agreement should
be disposed of, the two Parties, Barrie and Oro-Medonte, shall
share in the proceeds in the following manner:
(i) Barrie 80%
(ii) Oro-Medonte 20%
(c) If any additional lands should be disposed of, which were
purchased subsequent to the execution and effective date of this
Agreement, the Parties shall share the proceeds of any such sale in
an amount equal to the percentage of their relative contribution to
the cost of acquisition of such lands.
10.0 ORO-MEDONTE BY-LAW(S):
10.01 Oro-Medonte agrees to consider the passing of a by-law(s) to effect any changes
to their Zoning By-laws or Official Plan necessary to give effect to the foregoing
intentions of the Parties and in order to comply with the Aeronautics Act, R.s.O.
1985 and/or Air Regulations (Canada), as amended from time to time.
11.0 FUTURE MEMBERSHIP:
11.01 The Parties agree that in the event another municipality wishes to become a Party
to the within Agreement, it shall apply in writing to the LSRAC and acceptance
• shall be subject to the approval of the Parties to this Agreement, upon such terms
as agreed to by the Parties.
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12.0 WITHDRAWAL FROM AGREEMENT
12.01 Any Party to this Agreement may, upon delivery of one year's written notice to
the office of the clerk of every other Party and to the Secretary/ Treasurer of the
LSRAC, withdraw from this Agreement. In the event of such withdrawal, any and
all funds paid, or authorized to be paid, under s.4.01 of this Agreement shall
remain with or be paid to the LSRAC.
13.0 DISPUTE SETTLEMENT MECHANISM
13.01 The Parties agree that if any dispute arises in connection with any of the
provisions herein contained among any of the Parties hereto that cannot be
resolved by negotiation, such dispute shall be referred to mediation for mandatory
Alternative Dispute Resolution, and a Mediator shall be selected form the list of
approved Mediators of the Superior Court of Justice, County of Simcoe, and such
mediation is to take place within thirty (30) days of such referral. Any dispute
among the Parties which cannot be resolved by such mediation shall, only with
the consent of the Parties, be submitted to arbitration pursuant to the Arbitration
Act of Ontario (the "Act").
14.0 DISSOLUTION OF COMMISSION/LSRA
. 14.01 Where all Parties agree, the LSRAC may be dissolved. Upon dissolution, the
proceeds of the disposition of all LSRA Lands shall be in accordance with s.9.0
herein and other assets of the LSRA and/or the LSRAC shall be distributed
amongst the Parties hereto in accordance with the proportions set out in s.4.01 of
this Agreement. Any disposal of the Lands and assets of the LSRA, in a
circumstance of dissolution, shall be in accordance with the federal Financial
Assistance Agreement between The Oro-Barrie-Orillia Airport Commission and
Her Majesty the Queen in Right of Canada (Ministry of Transportation) dated
December 23, 1991.
15.0 REVIEW AND AMENDMENTS:
15.01 The Parties agree that they will review this Agreement every three years. The
Agreement may be reviewed in the interim period, at the request of any Party.
Any amendment to this Agreement shall be made only with the consent of all
Parties.
16.0 SIGNATURE TO THE AGREEMENT:
16.01 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be
executed and sealed under the hands of their proper officers.
16.02 This duly authorized Agreement sha]1 come into effect the ls` day of January,
2002.
THE CO
s
13
~..
ON OF TT
-' OF BARRIE
MAYOR - J P1J`"`°'`,
CLERK - JoxN szssoN
THE CORPORATION OF THE TOWNSHIP' OF ORO-MEDONTE
,.y
MA OR
y
~~ ~~
F
CLERK
THE RPORATION HE CITY OF ORILLIA
r
MAYOR ~ ~~~ ~ t~° ~~=~~ ` ~ -
.~, -
CLERK ~ ; ~ ~ , ~__,.
Authorized by:
City of Barrie By-law No.: _ ` ~ t --~~~=~t_C~
Township of Oro-Medonte
By-law No.:2002-060
City of Orillia By-law No.: ~ ,
~_~
14
SCHEDULE "A"
TO LAKE SIMCOE REGIONAL AIRPORT AGREEMENT
PROPERTY PURCHASED FOR AIRPORT SITE:
The following property has been purchased for the construction of the Airport:
(a) Vicic property East Half Lot 1 7 and Pt. East Half Lot 1 8,Concession 7,
Township of Oro, County of Simcoe - 1 50 acres ±
(b) Buchan Oil Limited Pt. East Half Lot 1 8, Concession 7, Township of Oro, County of
Simcoe - 50 acres +
(c) Marten property East Half Lot 1 9, Concession 7, Township of Oro, County of
Simcoe - 100 acres +
(d) Cumming property Pt. West Half Lot 1 8, Concession 7, Township of Oro, County of
Simcoe - 94.8 acres ±
(e) Beer property East Half Lot 1 7, Concession 6, Township of Oro, County of
Simcoe - 100 acres +
(f) Monson property Pt. West Half Lot 1 7 & Pt. East Half Lot 1 B,Concession 6,
Township of Oro, County of Simcoe - 45 acres +
(g) City of Barrie property: Pt. West Half Lot 1 7, Concession 7, Township of Oro, County of
Simcoe - 5.6 acres
M
15
SCHEDULE "B"
TO LAKE SIMCOE REGIONAL AIRPORT AGREEMENT
The following property has been purchased for the construction of the Airport:
(a) Kuch property Pt. West Half Lot 1 7, Concession 6, Township of Oro, County of
Simcoe - 11 .0 acres ±
THE TOTAL NUMBER OF ACRES PURCHASED AS NOTED ON SCHEDULE "A" & "B"
IS 556.4± ACRES
16
LAKE SIMCOE AIRPORT -REGIONAL AIRPORT SITE
(NOT TO SCALE)
.~
~..a" j /
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.,
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C ONCC. 6
AIRPORT SITE
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.~ ~~
c a+c. ~ c o~+c. ~ ~ ca+c. ~
NOT TO SCALE
~~~
17
SCHEDULE "C"
LAND SALE POLICY FOR AIRPORT-RELATED COMMERCIAL DEVELOPMENT
Introduction and General Requirements
The Lake Simcoe Regional Airport Commission (LSRAC) recognizes that the LSRA's primary
role is to create economic opportunities in the form of employment and investment in the region.
On this basis, the LSRAC is of the view that any airport-related or dependent commercial
development at the LSRA is good for business and the regional economy provided it is
appropriately sited, and controlled as to its use and purposes. It is for these reasons that this land
sale policy has been prepared.
The use and sale of land shall follow and conform to the LSRA Master Plan, which was prepared
in December 1992. The lands that are potentially available for sale are shown on Appendix 1
attached hereto.
It should be noted at the outset that the LSRAC, on behalf of the municipal Parties, will entertain
any offer to purchase land in the areas shown on Appendix 1, but that the Parties are not bound
to sell land, if the sale would compromise the Long term interests of the LSRA, or its purposes
and goals to promote, control, maintain and operate a regional airport, or is otherwise deemed to
be premature and/or inappropriate.
Purchasers will be required to meet all applicable requirements of the Federal, Provincial and
Municipal governments and provide the necessary documentation to this effect and will be
required to enter into necessary agreements with the controlling municipalities pursuant to the
Municipal Act. As the LSRA is a municipally-owned facility, all purchasers will be required to
enter into agreements} with the three municipalities (Oro-Medonte, Barrie and Orillia), pursuant
to Section 210.1 of the Municipal Act, R.s.O. 1990, c. M. 45, governing the provision of airport-
related municipal capital facilities on the lands. Comprehensive site plans and a description of
the proposal will be required as part of any purchase application.
No temporary structure or buildings are permitted on purchased sites other than during the
construction period, which shall not exceed one year unless special approval is requested and
obtained. The LSRAC and the Township of Oro-Medonte ("Township") must approve the
placement of all building or structures before any construction occurs. In addition, any land that
is sold will be subject to Site Plan Control, meaning that the owner will be required to enter into
a Site Plan Agreement with the Township, and will be required to comply with all building
. regulations of the Township.
18
Land Sale Policy
The purpose of the Airport Land Sale Policy is to encourage the growth and development of the
LSRA for airport purposes. Below are the policies that shall guide the sale of the land at the
LSRA:
1. Lands will only be considered for sale for airport-related commercial purposes in the
designated areas on Appendix 1 of this Schedule. All purchase and sale documents will
require, as a condition of sale, the registration on title to the lands of appropriate restrictions,
including restrictive covenant(s), to require the owner to comply with the Official Plan,
zoning and building requirements of the Township, including, without limiting the generality
of the foregoing, requiring the entering into of site plan control agreements where required
by the Township and to prohibit the use of the lands sold for any purpose not related to the
LSRA.
2. The foregoing restrictions will apply to any subsequent sale of Lands to third parties.
3. Parcel sizes will be determined by both the LSRAC and the Township based on the amount
of land that is or will be actively used for building and other related purposes, including a
reasonable area for expansion. Notwithstanding the above, the minimum parcel size shall be
in accordance with the Township's applicable zoning by-law.
4. The minimum sale price of the land will be at its appraised value, plus an appropriate amount
equal to the reasonable cost of developing the parcel for sale and eventual use.
5. All revenues from the sale of land will remain with the LSRAC and placed in a capital
reserve fund for future capital projects.
6. Restrictions on the use of land and building restrictions will be reserved by the LSRA
Commission and registered on title as part of the sale process.
7. Purchasers of sites will be obligated to build on a site within a one year time period from the
date of the registration of a deed and the LSRAC reserves the right to reacquire any
undeveloped or partially developed property at the 90% of its original sale price. Partially
completed buildings, unfinished building or projects shall not be permitted beyond one year.
8. A minimum investment level of $200,000 is required by a purchaser. Investments of a
smaller amount do not require the sale of property and may be accomplished through lease or
rental of airport property.
9. Outside storage will be limited in order to maintain the image of the facility and protect
Airport revenue streams. Outside storage will also be subject to Township by-laws and will
have to conform to the Site Plan Agreement and any purchaser must agree to same.
10. The dispensing, selling or storing of fuel or related products will not be permitted on or
within the property as the LSRA has the exclusive right to sell and store aviation fuel and
related products to users of the airport.
19
11. Landowners will be responsible for paying the applicable Airport Maintenance Charge
(AMC) and applicable sewer and water charges in effect.
i 12. The cost of disbursements will be added to the purchase price of land and recovered so that
this process does not add to the operating expenses of the Airport. Survey costs, legal and
other fees will be the responsibility of the purchaser, in accordance with LSRAC normal
business practices.
13. Purchasers will be required to keep their sites free and clear of environmental contaminants
to protect, not only LSRA's interests, but to also avoid taxpayers incurring clean up costs,
which can far exceed any sale revenues. An environmental audit may be required by LSRA,
at the expense of the owner, prior to any subsequent transfer of any lands to another party. If
the audit determines that an environmental problem exists, it will be the responsibility of the
owner to rectify the problem prior to transfer of the lands.
14. All sales will be subject to the regulations, policies or procedures in place at the Airport
when a sale is being contemplated.
20
APPENDIX 1 TO SCHEDULE C
Description of Lands
Airside Commercial Development Area (Northeast)
Concession 7, part of East Part Lot 17 and 18 (Oro)
(more or less 21.53 ha/53.2ac)
2. Airside Commercial Development Area (Southwest)
Concession 7, Part of West part Lot 18 and Part of East art Lot 19 (Oro)
(more or less 8.2ha/20.25 ac)
3. Landside Commercial Development Area (South)
Concession 7, Part of East Part Lot 19 (Oro)
(more or less 4.0 ha/l0ac)
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SCHEDULE "D"
Correspondence dated September 12, 2001 from Government of Canada authorizing sale of land
in Schedule "C".
SC~iIDLTLE ' ^'
..=
Transport Canada TranspoRS Canada
,~~ Ontario Repiort R~giott de i'Ontatio
PtopMeM P
4900 Yonge Street .~
4th Floor
North York. Ontario
MZN 6A5
September 12, 2001
Ivir. Wafter Dickie
Praident
Lake Simcoe Regional Airport Commission
R.R. # 2
Oro Station, Ontario
LO<.2E0
Dear Mr. Dicicie:
RE: Lake Simcoe Re¢ionai Airport
7161-1-20$
Thank you for your letter of August 27, 2001, in which you provided the requested clarification
regarding the land to be sold and the purpose for which this land is to be sold at the Lake Simcoe
. Regional Airport.
In light of your plan to ensure that the sales of the commercial lots will not impede the failure
operation of the airport, Hcr Majesty agrees to waive clause 700(d) of the Financial Assistance
Agreement dated December 23, 1991, registered in our legal registry departrnent as No. 140554
and is a valid agreement until the year 2011.
The cause to be waived reads as follows:
700 If in the opinion of the Minister, the Recipient has not made iu best effort to comply
with any and ail provisions of this Agreement or if,
(d) the Recipient sells, leases converts or otherwise disposes of the aerodrome or any pare
thereof,
The Minister may, by giving ninety (90) days notice in writing to the Recipient, terminate
this Agreement and direct the Recipient to pay forthwith to the Minister, as liquidated
damages, ail or part of the contribution persuant to this Agreement, and the Recipient shall
comply with any such direction forthwith, it being expressly understood and agreed that
termination may not be invoked and liquidated damages are not due and payable under (d)
• if the relevent buyer, lessee other beneficiary enters into a written agreement with the
Minister whereby such buyer, lessee or other beneftciary assumes all of the Recipient's
obligations under this Agreement.
If you have any questions or concerns, please do not hesitate to contact Mary Louise Canning at
x'416) 952-0484 or Karen Everett at (416) 952-0505.
Canada
~ ~ 4
1
We wish you luck in your new endevoun at your airport. -y
Yours sincerely,
~~P~~~
Dave Washington
Regional Direcior
Programs
cc: M. Drumm, Airport Manager
Wendell McArthur, City of Barrie
•
22
SCHEDULE "E"
Correspondence dated March 31, 2001 from Province of Ontario approving sale of lands in
Schedules A and B.
• ~ SCHEDULE ' °'
~~~a ~~~»~ ntario
T~ ~ a
T~~~
T~portap~oo policy Bcaocb
Room 330. Baiidin; C
1201 Wibou Aveaoe
powosview. Ontuio
M3W 1J5
- Tex (416) 235.3502
Fu: (41b) 235-3573
March 31, 2001
Mr. Rob W a~an
President
Lake Simcoe Regional Airport Commission
R.R. #2
Oro Station, Ontario
LOL ZFA
Dear Mr. W arman:
R ~e Simcoe Regional Airport
Under the former Municipal Airports Program, ~e ministry provided financial assistance for the
orts throughout Ontario, including the
-` development and operation of a number of municipal airy ort The ro
Lake Simcoe Regional Airport (formerly Oro-Barrie-Orillia Regional Aire )• P ~
ended in 1998 commensurate with the realignment of provi ached ~ ding u d ~~e M~ ~ p~
for the delivery of local services and the provision of associ
Capital and Operating Restructuring Fund (MCORF}.
Subsidy approvals under the program had been granted pursuant a~~ ~nve requirements for
ort Subsid (Development Agreement. To sa fy
Municipal Aire Y
the ending of the program, this is to advise there is no further requirement to contact the ministry
concerning any conditions/approvals outlined in th eagi'o a ethtereris no furthernequiren'e~
policy and procedures manual). Without limiting th
contact the ministry concerning the disposition by the municipalitiesJCommission of any part of
the municipal airport property.
Should you have any questions on the above, please contact John Tron, Senior Policy Advisor,
Aviation at Tel. (416) 235 - 4045.
Sincerely,
~~ ~
i-
~..,, }~Whitestone
Director
,~ ~
Description of Lands
23
SCHEDULE "F"
1. Airside Commercial Development Area (Southwest)
Concession 7, Part of West part Lot 18 and Part of East art Lot 19 (Oro)
(more or less 2,068ha/5.1 ac)
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