11 12 2009 Council AgendaTHE TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Township of
DATE: THURSDAY, NOVEMBER 12, 2009
Proccd Heritage, Exc:ithn~ himn, TIME: 7:00 P.M.
Page
1. OPENING OF MEETING BY THE MAYOR
2. PRAYER/CONTEMPLATION/REFLECTION
3. NOTICE OF ADDITIONS
a) Motion for Additions.
4. ADOPTION OF AGENDA
a) Motion for Adoption.
5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
6. MINUTES OF PREVIOUS MEETINGS OF COUNCIL:
a) Minutes of Council meeting held on October 28, 2009.
b) Minutes of Special Council meeting held on October 28, 2009.
7. RECOGNITION OF ACHIEVEMENTS:
6 a) Robin Dunn, Chief Administrative Officer, Recognition from the Ontario
Association of Certified Engineering Technicians and Technologists, re: Life
Membership Award.
7 b) Rick Yule, Recognition from Ontario Recreation Facilities Association Inc. (ORFA)
re: Completion of Ice Making and Painting Technologies.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
8-22 a) 7:00 p.m. Markus and Sonja Schneider, re: Speed Limits in Coulson/Line 7 Area.
10. REPORTS OF MUNICIPAL OFFICERS:
23-26 a) Report No. DS 2009-070, Andria Leigh, Director of Development Services, re:
2189952 Ontario Limited (Houben) - Subdivision Agreement, Concession 10,
West Part of Lot 10, RP 51 R-26822, Part 1 (Oro) [Refer to item 18c)].
11. REPORTS OF MEMBERS OF COUNCIL:
Page 1 of 201
Page
Council Meeting Agenda - November 12, 2009.
11. REPORTS OF MEMBERS OF COUNCIL:
27 a) Mayor H.S. Hughes, correspondence received October 30, 2009 from the
Township of Frontenac Islands re: Closing of Prison Farms in New Brunswick,
Ontario, Manitoba, Saskatchewan and Alberta.
12.
REPORTS OF COMMITTEES:
a)
Minutes of Committee of the Whole meeting held on November 4, 2009.
28-32 b)
Minutes of Recreation Technical Support Group meeting held on October 20,
2009.
33-35 c)
Minutes of Site Plan Control Technical Support Group meeting held on November
3, 2009.
13.
CONSENT AGENDA:
36 a)
Janis Hamilton, Secretary, Oro-Medonte Horticultural Society, correspondence
dated October 31, 2009, re: Lake Simcoe Region Conservation Authority's 2009
Water Conservation Award.
Staff Recommendation: Receipt.
37 b)
Leah Wuttke, The Community Foundation of Orillia and Area, correspondence
dated November 4, 2009, re: Request to Proclaim November 13, 2009 Random
Act of Kindness Day.
Staff Recommendation: Receipt, Proclaim, Post on Website.
38 c)
D.W. Bruce, Lieutenant Colonel, Commanding Officer, correspondence dated
October 12, 2009 re: Letter of Appreciation, Sam Steele Memorial event.
Staff Recommendation: Receipt.
39-48 d)
Minutes of Orillia Public Library Board meeting held on September 23, 2009.
Staff Recommendation: Receipt.
49-75 e)
Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 North:
(1) Dave Lalonde dated November 2, 2009.
(2) The Glen Morris Mercenaries paintball Team dated November 1, 2009.
(3) Tom Cunningham dated November 1, 2009.
(4) Connor McSherry dated November 1, 2009.
(5) Caroline Faris dated November 2, 2009.
(6) Randy Fetter dated November 1, 2009.
(7) Jocelyn Poulsen dated November 3, 2009.
(8) Brandon Corbeau, John Corbeau & Royan Corbeau dated November 3,
2009.
(9) D. Collyer dated November 2, 2009.
(10) Andrew Halstead dated November 2, 2009.
(11) Amanda Faris dated November 2, 2009.
(12) Glen Poulsen dated November 3, 2009.
(13) Eva Young dated November 5, 2009.
(14) Peter Barnes dated November 4, 2009.
(15) Paul Barnes dated November 4, 2009.
Page 2 of 201
Page
Council Meeting Agenda - November 12, 2009.
13. CONSENT AGENDA:
(16) Janet Metzger dated November 4, 2009.
(17) Richard Pereira dated November 2, 2009.
(18) Mark Greatrix ddated November 4, 2009.
(19) Nathan Cadeau dated November 4, 2009.
(20) Spencer Coyne dated November 3, 2009.
(21) Terry Gilchrist dated November 5, 2009.
Addenda correspondence:
(22) Michael Price dated November 8, 2009.
(23) Logan Myers dated November 9, 2009.
(24) Dave Bosch dated November 8, 2009.
(25) Blair Maye dated November 12, 2009.
(26) Shane Bage dated November 11, 2009.
(27) Jim Purnell dated October 31, 2009.
Staff Recommendation: Receipt.
14. COMMUNICATIONS:
76-82 a) Terry Horner, CAO/Clerk, Township of Mulmur, correspondence dated November
4, 2009, re: Role and Responsibilities of Conservation Authorities [bring forward
to November 18, 2009 meeting].
[Addenda]
83-85 b) Petition dated November 1, 2009, re: Horseshoe Valley Paintball.
[Addenda]
86 c) Montgomery Childs, correspondence dated November 12, 2009, re: Horseshoe
Valley Paintball.
[Addenda]
15. NOTICE OF MOTIONS:
None.
16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
None.
17. IN-CAMERA ITEMS:
a) Motion to go In-Camera
b) Motion to Rise and Report
c) Andria Leigh, Director of Development Services, re: Property Matter (TRY
Recycling).
d) Robin Dunn, Chief Administrative Officer: re: Personnel Matter (Staffing update).
[Addenda]
e) Deputy Mayor Hough, re: Personal Matter (Media Coverage).
[Addenda]
Page 3 of 201
Page
Council Meeting Agenda - November 12, 2009.
18. BY-LAWS:
87-88 a) By-law No. 2009-116
A By-law to Assume and Establish Highways Within the
Township of Oro-Medonte Plans 51M-633, 51M-676,
51 M-723, 51 M-726, 51 M-807.
89 b) By-Law No. 2009-147
A By-law to Repeal By-Law No. 2009-084, "A By-Law
to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township
of Oro-Medonte and Montgomery William Childs,
Tracey Elizabeth Childs described as lands as
follows: West Half of lot 2, Concession 8, Oro, Except
Part 1, 51R-31876, Oro-Medonte Being all of PIN
58532-0015 (LT) 3193 Line 7 North Roll # 4346-010-
003-35400 Township of Oro-Medonte, County of
Simcoe [third reading only, deferred from October 28,
2009 meeting].
90-137 c) By-Law No. 2009-151
Being a By-law to Authorize the Execution of a
Subdivision Agreement between the Corporation of the
Township of Oro-Medonte and 2189952 Ontario Ltd.
138-150 d) By-Law No. 2009-152
A By-law to Authorize the Execution of a Site Plan
Control Agreement between The Corporation of the
Township of Oro-Medonte and 1737126 Ontario Inc.
described as lands as follows: 8976 Highway 12,
Parts of South Half of Lot 1, Concession 1, former
Township of Orillia, Part 2 Plan 51 R-19372; Township
of Oro-Medonte, County of SimcoePIN 58531-0316
(LT) Roll# 4346-030-010-00800 Township of Oro-
Medonte, County of Simcoe.
151-152 e) By-Law No. 2009-153
Being a By-law to Remove the Holding Symbol
Applying to Lands Located at 8976 Highway 12, Parts
of South Half of Lot 1, Concession 1, former Township
of Orillia, Part 2 Plan 51R-19372; Township of Oro-
Medonte, County of Simcoe PIN 58531-0316 (LT)
Roll# 4346-030-010-00800 (Meyer).
153-200 f) By-law No. 2009-156
Being a By-law to Repeal By-law 2008-106 and
Authorize the Execution of a Subdivision Agreement
between The Corporation of the Township of Oro-
Medonte and Moss Development Ltd. described as
lands as follows: Part of Lot 11, Concession 2 E. P. R.
and Part of the Original Road Allowance Between Lots
11 & `A', Concession 2 as closed by By-law Oro 18994
being Part 2, 51 R-2282, except Parts 1, 2, 51 R-26026
and Part 1, 51 R-35600, T/W R0487177, being all of
PIN #58544-0140 (Lt) Township of Oro-Medonte
(Geographic Township of Oro), County of Simcoe
Page 4 of 201
Page
Council Meeting Agenda - November 12, 2009.
18. BY-LAWS:
[Schedule to be distributed at meeting].
19. CONFIRMATION BY-LAW
201 a) By-Law No. 2009-150 Being a By-Law to Confirm the Proceedings of the
Council Meeting held on Thursday, November 12,
2009.
20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM
21. ANNOUNCEMENTS
22. ADJOURNMENT
a) Motion for Adjournment.
Page 5 of 201
Agenda Item # 7a) - Robin Dunn, Chief Administrative Officer, Recognition from t...
Robin Dunn, C.E.T.
Chief Administrative Officer
Township of Oro-Medonte
Member since 1990 - Oro Station
in recognition of his long-standing and valuable
contributions to the association.
In the early 7990's Robin brought his leadership
expertise to the OACETT Thunder Bay Chapter where he very quickly
established a solid reputation of professionalism and fairness.
Through career advancement he moved to southern Ontario but never lost
his enthusiasm for OACETT. In addition to serving as president of OACETT
in 2003, he has served as the northern regional councillor on the Profes-
sional Affairs and Services Board, president-elect and past president.
He was a member of the Communications, Nominating and Strategy
committees and was instrumental in developing the strategic plan that
OACETT works from today. In each position he brought his energetic
leadership style and dedication to our industry to the forefront.
Robin is now an OACETT director of the Conadion Council of Technicians
and Technologists where he continues to represent the interests of our
members and our association.
Robin's outstanding representation of OACETT and his dedication to
advancing OACETT as an association of professional's qualify him as
a most appropriate recipient of this award.
Page 6 of 201
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Agenda Item # 10a) - Report No. DS 2009-070, Andria Leigh, Director of Developmen...
Township )f
REPORT ~ a-c~ 0 Wj- . e~el
Proud Heritage, Exciting Future
Report No. To: Prepared By:
DS 2009-070 Andria Leigh, Director of
Council Development Services
Meeting Date: Subject: Motion #
November 12, 2009
2189952 Ontario Limited
Roll (Houben) -Subdivision R.M.S. File
010-004-087-0000 Agreement, Concession 10, West D127313
Part of Lot 10, RP 51 R-26822, Part
1 (Oro)
RECOMMENDATION(S): Requires Action For Information Only
It is recommended:
1. THAT Report No. DS 2009-070 be received and adopted;
2. THAT the Township of Oro-Medonte enters into a Subdivision Agreement with 2189952
Ontario Limited;
3. THAT the Clerk bring forward the appropriate By-laws for Council's consideration to enter
into a Subdivision Agreement with 2189952 Ontario Limited; and
4. THAT the owner be notified of Council's decision.
BACKGROUND:
2189952 Ontario Limited is proposing a twenty six (26) lot residential development located at
the intersection of Old Barrie Road and Line 9 North.
ANALYSIS:
2189952 Ontario Limited entered into a pre-servicing agreement with the Township in July 2009
to start construction of the municipal services within their development and posted securities in
the amount of $ 20,000.00.
The Developer has completed satisfying all twenty five (25) draft plan conditions, and clearance
letters have been received from all required agencies.
DEVELOPMENT SERVICES
Report No. DS 2009-070
Meeting Date November 12, 2009
Page 1 of 4
Page 23 of 201
Agenda Item # 10a) - Report No. DS 2009-070, Andria Leigh, Director of Developmen...
The Township engineering consultant (AECOM) approved the engineering drawings for the draft
plan of subdivision in April 2008. The Ministry of the Environment (MOE) has issued the
Certificate of Approval for the construction of the stormwater management works.
The Developer has supplied the Township with a parkland dedication and securities to ensure
the completion of the municipal services.
FINANCIAL:
N/A
POLICIES/LEGISLATION:
CONSULTATIONS:
Township staff
AECOM
2189952 Ontario Limited -Brenda Houben
ATTACHMENTS:
Attachment #1 - Location Map
Attachment #2 - By-law Authorizing Subdivision Agreement
CONCLUSION:
It is recommended that the Township enter into the Subdivision Agreement with 2189952
Ontario Limited (Houben).
Respectfully submitted:
Andria Leigh, MCIP, RPP
Director of Development Services
SMT Approval / Comments:
DEVELOPMENT SERVICES
Report No. DS 2009-070
C.A.O. Approval / Comments:
Meeting Date November 12, 2009
Page 2 of 4
Page 24 of 201
Agenda Item # 10a) - Report No. DS 2009-070, Andria Leigh, Director of Developmen...
ATTACHMENT 1: LOCATION MAP
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LOCATION OF SUBJECT LANDS
DEVELOPMENT SERVICES Meeting Date November 12, 2009
Report No. DS 2009-070 Page 3 of 4
Page 25 of 201
Agenda Item # 10a) - Report No. DS 2009-070, Andria Leigh, Director of Developmen...
ATTACHMENT 2: BY-LAW AND SUBDIVISION AGREEMENT
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-151
Being a By-law to Authorize the Execution of a Subdivision Agreement between the Corporation
of the Township of Oro-Medonte and 2189952 Ontario Ltd.
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 Part of Lot 10, Concession 10, Part 1 of 51 R-26822,
save and except Part 1 of 51 R-33096, (Former Township of Oro), being all of PIN # 58537-
0088(LT), (known as the Houben Subdivision), Township of Oro-Medonte, County of Simcoe;
NOW THEREFORE the Council of the Corporation 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 "N';
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 12TH DAY OF NOVEMBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF NOVEMBER,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
DEVELOPMENT SERVICES
Report No. DS 2009-070
Meeting Date November 12, 2009
Page 4 of 4
Page 26 of 201
Agenda Item # 11 a) - Mayor H.S. Hughes, correspondence received October 30, 2009
017%
TOWNSHIP OF FRONTENAC ISLANDS
P.O. Box 130, WOLFE ISLAND, Ont., KOH 2YO
Closine of Prison Farms in New Brunswick. Ontario. Manitoba. Saskatchewan and Alberta
WHEREAS the Federal Government, through Correction Services of Canada, has announced the closing
of six prison farms across Canada.
AND WHEREAS the Public Safety Minister, Peter Van Loan, has listened to feedback from the public and
we are appreciative of the recent announcement that the abattoir located at the Pittsburgh Institution,
near Kingston, will remain in operation.
AND WHEREAS it is felt that there are many benefits in keeping all prison farms open. While it is
acknowledged that not many prisoners will end up with a job on a farm, their experience working on the
prison farms provide them with a host of transferable skills and teaches them the need for punctuality,
discipline, responsibility, good work ethic, and the importance of teamwork.
AND WHEREAS there is evidence that the way people treat nature (animals and the environment)
reflects in the way that they treat people, and vice versa. Many prisoners have grown up in abusive
situations and ended up abusive themselves; by working on the prison farms they get a new
appreciation for the importance of respecting their surroundings, which in turn helps in teaching them
to grasp the need for personal restorative behaviour. By working on the farms and seeing first hand
that a respective relationship with animals and nature is important, they learn that there is another and
a better way
AND WHEREAS it is felt that the costs of running these farms are offset by savings derived from these
locally grown foods. That is there are side benefits that are hard to put a dollar value on, such as
reducing C02 in the environment with reduced transportation, and building of the inmates self worth
and self-esteem which will help them reintegrate into society, and thus prevent them from returning to
prison.
BE IT RESOLVED THAT the Council of the Municipality of Frontenac Islands requests the Honourable
Peter Van Loan, and Correction Services Canada, to keep the six prison farms in question opened.
AND FURTHER THAT this resolution be forwarded to the Honourable Rob Nicholson, Federal Justice
Minister, and Peter Milliken, MP for Kingston and the Islands, and all municipalities in Ontario for their
support.
Page 27 of 201
Agenda Item # 12b) - Minutes of Recreation Technical Support Group meeting held o...
Township o f
Proud Heritage, Excit&ag Feature
Tuesday, October 20, 2009
Present: Mayor H.S. Hughes
Councillor Sandy Agnew
Councillor John Crawford
Ted Duncan
Kelly Skinner-Meyer
Linda Murray
Reta Regelink
John Thornton
Regrets:
Staff Present:
Also Present:
ADOPTION OF AGENDA
a) Motion to adopt agenda.
Carolyn Tripp
7:07 p.m.
Shawn Binns, Director of Recreation and
Community Services; Marie Brissette, Committee
Coordinator
Robert Lockhart, Judy Smith
Motion No. RTSGO91020-01
Moved by Thornton, Seconded by Regelink
It is recommended that the agenda for the Recreation Technical Support
Group meeting of Tuesday, October 20, 2009 be received and adopted as
amended to include:
5e) Oro Medonte Minor Sports Association, re: Application for
Grant/Subsidy.
5f) In-Camera, Shawn Binns, Director of Recreation and Community
Services, re: Property Matter (Warminster Hall).
Carried.
2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT"
None declared.
Page 1 of 5
THE TOWNSHIP OF ORO-MEDONTE
RECREATION TECHNICAL SUPPORT
GROUP MEETING MINUTES
Council Chambers
Page 28 of 201
Agenda Item # 12b) - Minutes of Recreation Technical Support Group meeting held o...
Minutes of the Recreation Technical Support Group meeting held on Tuesday, October 20, 2009.
ADOPTION OF MINUTES OF PREVIOUS MEETING:
a) Motion to adopt minutes of Thursday, September 10, 2009.
Motion No. RTSGO91020-02
Moved by Duncan, Seconded by Murray
It is recommended that the minutes of the Recreation Technical Support
Group meeting held on Thursday, September 10, 2009 be adopted as printed
and circulated.
Carried.
4. DEPUTATIONS:
None.
5. COMMUNICATIONS:
a) Oro Medonte Minor Sports Association, minutes of meeting held on August
25, 2009.
Motion No. RTSGO91020-03
Moved by Duncan, Seconded by Murray
It is recommended that the Oro Medonte Minor Sports Association, minutes
of meeting held on August 25, 2009 be received.
Carried.
b) Oro Medonte History Association, minutes of meetings held on August 26,
2009 and September 23, 2009.
Motion No. RTSG091020-04
Moved by Thornton, Seconded by Skinner-Meyer
It is recommended that the Oro Medonte History Association, minutes of
meetings held on August 26, 2009 and September 23, 2009 be received.
Carried.
Page 2 of 5
Page 29 of 201
Agenda Item # 12b) - Minutes of Recreation Technical Support Group meeting held o...
Minutes of the Recreation Technical Support Group meeting held on Tuesday, October 20, 2009.
c) Community Hall Board Meeting, minutes of meeting held on September 23,
2009.
Motion No. RTSG091020-05
Moved by Skinner-Meyer, Seconded by Duncan
It is recommended that the Community Hall Board Meeting, minutes of
meeting held on September 23, 2009 be received.
Carried.
d) Shawn Binns, Director of Recreation and Community Services and Robert
Lockhart, RETHINK GROUP, re: Facility Master Plan Update.
Motion No. RTSGO91020-06
Moved by Duncan, Seconded by Skinner-Meyer
It is recommended that the update and correspondence from Shawn Binns,
Director of Recreation and Community Services and Robert Lockhart,
RETHINK GROUP, re: Facility Master Plan Update be received.
Carried.
e) Oro Medonte Minor Sports Association, re: Application for Grant/Subsidy.
Motion No. RTSGO91020-07
Moved by Thornton, Seconded by Duncan
It is recommended that Oro Medonte Minor Sports Association, re:
Application for Grant/Subsidy be deferred to meeting of Thursday, December
3, 2009.
Carried.
Page 3 of 5
Page 30 of 201
Agenda Item # 12b) - Minutes of Recreation Technical Support Group meeting held o...
Minutes of the Recreation Technical Support Group meeting held on Tuesday, October 20, 2009.
f) In-Camera, Shawn Binns, Director of Recreation and Community Services,
re: Property Matter (Warminster Hall).
Motion No. RTSG091020-08
Moved by Murray, Seconded by Skinner-Meyer
It is recommended that we go In Camera at 7:29 p.m. to discuss Property
Matter (Warminster Hall).
Carried.
Motion No. RTSGO91020-09
Moved by Thornton, Seconded by Duncan
It is recommended that we do now Rise and Report from In Camera at 7:37
p.m.
Carried.
Motion No. RTSG091020-10
Moved by Regelink, Seconded by Murray
It is recommended that the confidential correspondence dated October 8,
2009 and confidential verbal update presented by Shawn Binns, Director of
Recreation and Community Services, re: Warminster Hall be received; and
that the Recreation Technical Support Group recommends that the
Warminster Hall be deemed as surplus to the municipality and placed on the
open market.
Carried.
Page 4 of 5
Page 31 of 201
Agenda Item # 12b) - Minutes of Recreation Technical Support Group meeting held o...
Minutes of the Recreation Technical Support Group meeting held on Tuesday, October 20, 2009.
SUB-COMMITTEE UPDATES:
None.
ANNOUNCEMENTS
None.
NEXT MEETING DATE
Thursday, December 3, 2009.
9. ADJOURNMENT
a) Motion to adjourn.
Motion No. RTSG091020-11
Moved by Murray, Seconded by Skinner-Meyer
It is recommended that we do now adjourn at 9:14 p.m.
Carried.
Shawn Binns, Councillor John Crawford, Chair
Director of Recreation and Community Services
Page 5 of 5
Page 32 of 201
Agenda Item # 12c) - Minutes of Site Plan Control Technical Support Group meeting...
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL TECHNICAL
SUPPORT GROUP MEETING MINUTES
T,°u'hsaf Council Chambers
Proud HeritaXe, ExeithaZ Future
November 3, 2009 9:06 a.m.
Present: Mayor H.S. Hughes
Councillor Mel Coutanche
Councillor John Crawford
Staff Present: Glenn White, Manager of Planning; Meghan
Keelan, Planner; Steven Farquharson,
Intermediate Planner; Kim Allen, Chief Building
Official; Lisa McNiven, Manager of Environmental
Services; Marie Brissette, Committee
Coordinator
Also Present: Hans Meyer, William Timpano, Robert Graves,
Bryan Keene, Lou Nitsopoulus
1. ADOPTION OF AGENDA
a) Motion to adopt agenda.
Motion No. SPTSGO91103-01
Moved by Coutanche, Seconded by Crawford
It is recommended that the agenda for the Site Plan Technical Support Group
meeting of November 3, 2009 be received and adopted.
Carried.
2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT"
None declared.
Page 1 of 3
Page 33 of 201
Agenda Item # 12c) - Minutes of Site Plan Control Technical Support Group meeting...
3. ADOPTION OF MINUTES OF PREVIOUS MEETING:
a) Minutes of the meeting held on September 10, 2009.
Motion No. SPTSGO91103-02
Moved by Coutanche, Seconded by Crawford
It is recommended that the minutes of the Site Plan Technical Support Group
meeting held on September 10, 2009 be adopted as printed and circulated.
Carried.
4. SITE PLAN APPLICATIONS:
a) 2009-SPA-14 (Meyer)
8976 Highway 12
Storage and office.
Motion No. SPTSGO91103-03
Moved by Crawford, Seconded by Coutanche
It is recommended that Application 2009-SPA-14 (Meyer), 8976 Highway 12,
for storage and office be received and forwarded to Council for
consideration.
Carried.
b) 2009-SPA-12 (Solex-Timpano)
2877 Highway 11
Commercial Storage Building.
Motion No. SPTSGO91103-04
Moved by Coutanche, Seconded by Crawford
It is recommended that Application 2009-SPA-12 (Solex-Timpano), 2877
Highway 11, for a commercial storage building be received and forwarded to
Council for consideration.
Carried.
Page 2 of 3
Page 34 of 201
Agenda Item # 12c) - Minutes of Site Plan Control Technical Support Group meeting...
c) 2009-SPA-15 (Keene)
Ridge Road
New single detached dwelling.
Motion No. SPTSGO91103-05
Moved by Crawford, Seconded by Coutanche
It is recommended that Application 2009-SPA-15 (Keene), Ridge Road, for a
new single detached dwelling be received and forwarded to Council for
consideration.
Carried.
5. ANNOUNCEMENTS
None.
6. ADJOURNMENT
a) Motion to adjourn.
Motion No. SPTSGO91103-06
Moved by Crawford, Seconded by Coutanche
It is recommended that we do now adourn at 9:48 a.m.
Glenn White, Manager of Planning Marie Brissette, Committee
Coordinator
Carried.
Page 3 of 3
Page 35 of 201
Agenda Item # 13a) - Janis Hamilton, Secretary, Oro-Medonte Horticultural Society...
9
Oro-Medonte
Horticultural Society
58 Drury Lane
Barrie, ON NUV 0 % 200
L4M 3C8 .v
October 31, 2009
Mayor H. Hughes and Council
Township of Oro-Medonte
148 Line 7 S., Box 100
Oro, Ontario
LOL 2X0
Dear Mayor Hughes and Council,
Our Society would like to extend a very sincere thank you for submitting our Society's name to
the Lake Simcoe Region Conservation Authority for the 2009 Water Conservation Award.
We were so pleased to hear from the Conservation Authority that we had been awarded the
honour and invited to attend the ceremonies on October 29tH
A very special thank you to Mayor Hughes and Councillor Agnew for escorting some of the
Committee to the event and then presenting the Award to us. We were very humbled to receive
this award since Bayview Memorial Stream Restoration Project was truly a partnership with the
Township and hard working staff. Councillor Agnew's help with the project has simply been
invaluable!
On October 20 our Society received the Helen and Earl Cox Award from District #16 of the
Ontario Horticultural Society in recognition of the work done on the project at the park.
Thank you once again for your support. With this award we can show others just how important
Lake Simcoe is to all citizens surrounded by her shores.
Sincerely,
Janis Hamilton
Secretary
Page 36 of 201
Agenda Item # 13b) - Leah Wuttke, The Community Foundation of Orillia and Area, c...
THE COMMUNITY
FOUNDATION
OF ORILLIA AND AREA
November 4, 2009.
Mayor of Township of Oro-Medonte
148 Line 7 South
Oro Station, ON
LOL 2X0
Dear Mayor Hughes,
On November 13th our community will be celebrating Random Act of Kindness Day. This day has been
earmarked by The Orillia & Area Community Foundation as a day to recognize kindness and humanity in
Orillia and area.
We have had many community partners step up and join us in establishing this very special day and I
would like to ask for your help in promoting Random Act of Kindness Day to the whole community.
Would you consider taking the steps necessary to declare November 13th of this year as Random Act of
Kindness Day in the Township of Oro Medonte?
Your participation will encourage our community to take a moment to slow down from their fast-paced
life and reflect on how kindness really makes an impact on the life of another. Please encourage your
staff to hand these cards out to others at every chance, inviting them to get involved in Random Act of
Kindness Day.
Extra posters or cards are available by contacting Leah Wuttke, Fundraising Coordinator at The
Community Foundation of Orillia & Area at (705) 259-1163 or IeahwCcDorilliaDronet.com.
Random acts of kindness are a wonderful way to touch the lives of another and make our world a better
place. Please help us to put a human face on our community by promoting Random Act of Kindness
Day!
Sincerely,
Leah Wuttke
Office: 27 Coldwater St. E., Orillia, ON L3V 7A3
Mailing Address: Orillia Station Main, P.O. Box 622, Orillia, ON L3V 6K5
Telephone: 705-259-1163 Email: info@communityfoundationorillia.ca
Reg. Charitable No. 86803 8951 RR0001
Page 37 of 201
Agenda Item # 13c) - D.W. Bruce, Lieutenant Colonel, Commanding Officer, correspo...
1+1 Defense nationale National Defence
The Grey and Simcoe Foresters
37 Parkside Drive
Barrie, ON L4N 1W8
1110-1 (Adjt)
ACT 3 1009
12 October 2009
His Worship, Mayor Harry Hughes
The Corporation of the Town of
Oro-Medonte
148 Line 7 South
Box 100
Oro, On LOL 2X0
Dear H t,-,--(Cy IL H U &N
I want to take this opportunity to, on behalf of the Grey and Simcoe Foresters, express
our deepest thanks to you and all of your staff for the work you did in assisting and
supporting us at the Sam Steele Memorial.
In particular we want to recognize the work of the Deputy Mayor Ralph Hough and
Samah Othman your Executive Assistant and Corporate Communications Specialist.
Samah did a fantastic job and took a lot of work off my staff. She is a jewel in a stellar
group. Shawn Binns, Rick Yule and all of their staff did an amazing job at the actual site.
We were truly impressed by their work in modifying and preparing the site. When we
arrived, we would never have known so much work had been done there in a short period
of time, had we not seen the site before the work was done. Everything was done to
perfection.
It is of course impossible for us to even know who did all of the work and who deserves
our thanks. You are truly blessed with an outstanding staff in the Township. We would
appreciate it if you could ensure that everyone involved is made aware of our gratitude
for their hard work.
Yours very truly,
.W. Bruce
V
Lieutenant Colonel
Commanding Officer
Cmadcl
Page 38 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
ORILLIA PUBLIC LIBRARY BOARD
MU UTES OF SEPTEivIBER 23.2009 MEETING
A regular meeting of the Library Board was held in the Library commencing at 7:00 p.m.
PRESENT - BOARD - J. Swartz, Chair; P. Hislop, Vice-Chair; F. Coyle; D. Evans;
M. Fogarty; R. Fountain; G. Guthrie; A. Murphy; M. Seymour
STAFF - D. Silver, Chief Executive Officer
S. Campbell, Director of Children's Services
L. Gibbon, Director of Information Services
D. Rowe, Director of Technical Services
T. Chatten, Recorder
ABSENT - R. Hawkins, J. Rolland
DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF - None
CONSENT AGENDA
The Report of the Director of Children's & Youth Services highlighted the Library's very
exciting series of summer programs. The Board expressed their congratulations to staff for their
efforts in once again running another successful series of programs.
MOTION #2009:34
Moved by G. Guthrie, seconded by F. Coyle that the consent agenda of the September 23, 2009
meeting be adopted. CARRIED
M. Fogarty will act as timekeeper.
DISCUSSION AGENDA
BUSINESS ARISING FROM THE MINUTES
New ILS Update - A meeting to finalize the decision on which system to purchase was not held
due to scheduling difficulties. Five systems were reviewed over the summer. The committee
will try to meet next week to make the final decision and report to the next board meeting.
Banking - It was recommended that the Library open a small bank account to satisfy the
Ministry requirements as outlined in the Libraries Act.
MOTION #2009:33
Moved by F. Coyle, seconded by M. FoSarty that a bank account in the name of the Orillia
Public Library be opened, and a minimum amount of 5 100 be deposited. CARRIED
Page 39 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
Staffing Studv Report - Peggy Walshe will present the results of the Staffing Study to City
Council Committee on October 19.
Benefits - The CEO was directed to find out details from the City of Orillia to request Library
staff be put on the City's EAP. A report was presented for Board discussion.
1I0 TION #2009:36
Moved by A. Murphy, seconded by R. Fountain that the Orillia Public Library Board request the
City of Orillia to add full-time library staff to the same EAP the City is using. CARRIED
NEW LIBRARY
Board members received information updates regarding the library building project as part of the
most recent board package. The projected move date is November 1-15 as the City takes
possession of the building on October 31.
REPORTS OF BOARD COMMITTEES AND REPRESENTATIVES
Ad Hoc Fundraising Committee - The committee has met and will meet with J. Turvey to
discuss fundraising ideas further, as well as a closing event for the present building. Board
members were asked to pass on any ideas or suggestions for fundraising.
Personnel Committee - The committee has met twice to discuss personnel issues, a report
provided was discussed.
MOTION #2009:37
Moved by M Seymour, seconded by D. Evans that the Orillia Public Library Board approve the
Report of the Personnel Committee with the recommendation to hire an administrative assistant
on a contract basis to February 2010. CARRIED
MOTION #2009: 38
Moved by iLL Seymour, seconded by D. Evans that the Orillia Public Library Board accept the
Report of the Personnel Committee. YVITHDRAY V
M. Fogarty requested more notice of committee meetings if possible, as he is often unable to
attend meetings due to lateness of notice.
NEW BUSINESS
Aonroval of Audited Financial Statements for 2008 - An increase was noted in the insurance
benefits but it was noted that there has been no change in the insurance provider.
MOTION #2009:39
Moved by F. Coyle, seconded by G. Guthrie that the Orillia Public Library Board accept the
audited financial statement for 2008. CARRIED
Page 40 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
Authoritv of Boards and Committees - This was distributed for Board information. Even though
the Library Board does not fall under the jurisdiction of the City committees, it was
recommended that the Board respect these guidelines.
Dragon Boat Festival - The Library has a team in this event again this year being held on
Saturday September 28. Funds are being raised for the Library Building Project.
Olen House for Citv Boards and Committees - This event is being held on Wednesday
September 30 for those able to attend.
Invitation to Farmers Market October 31 - J. Harris has extended an invitation to the Library to
attend the last Farmers Market. J. Swartz will attend on behalf of the Library Board.
Adjournment at 8:00 p.m. moved by M. Fogarty.
BOARD CHAIR
CHIEF EXECUTIVE OFFICER
Page 41 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
REPORT OF THE DIRECTOR OF CHILDREN'S, YOUTH
AND AUDIO VISUAL SERVICES
September 2009
CHILDREN'S SERVICES
Programs
Goal 2.1 Develop and maintain programs associated with identified groups.
A new series of story times began this month, and as we will be moving, we have changed the
format of our story times freeing up staff time to prepare for the move to the temporary Library.
Instead of offering registered story times we are offering drop in story times. We are offering a
Wednesday morning drop-in story time geared to toddlers and preschoolers and a drop-in Baby
Time. In addition we are continuing the Drop-in Family Storytimes on Saturday mornings.
Registration for Saturday Explorers Club began this month with strong interest in the first
program for the fall: Goodbye Library, Hello Explorers. This program will be offered in October.
Communitv Partnerships
Goal 7 The Library will investigate, develop and maintain partnerships in the community.
In partnership with Lakehead University's Education program we are offering a program titled
Alphabet Stew: an introduction to kindergarten skills and a one on one tutoring program titled
Circle of Friends. These programs will be offered for 5 weeks and will be repeated again in
January/February.
Tween Programs
Goal 2.1 Develop and maintain programs associated with identified groups.
Two sessions of the Mother Daughter Book Club were offered this month. This program runs on
the first and second Thursday of the month. The books discussed this month were Perfect by
Natasha Friend and Stargirl by Jerry Spinnelli.
Outreach and Publicitv
Goal 4 The Library will advocate for increased public awareness of the value and range
of library services.
Material displays included Hallowe'en, Thanksgiving, Back to School, Robert Munsch.
Reference
Goal 5 The Library will develop methods of measurement to evaluate the effectiveness of
library services and programs.
Children's Services staff answered 344 reference questions this month and 3249 reference
questions to date. This was a seventeen per cent increase over the questions answered in
September 2009. We have seen quite a substantial increase in the number of reference questions
we are receiving from University students. In September 2008 we answered three questions
from University students; in September 2009 we answered 39 questions from University
students.
Page 42 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
TEEN SERVICES
Goal 2.1 Develop and maintain programs associated with identified groups.
Chick Chat
Chick Chat read Where the Heart is and watched the movie. The girls enjoyed the book and
rated it 8.4.
Teen Survivor
Teen Survivor was a huge success with 140 teens participating. The program was sponsored by
the Orillia Rotary Club - Lake Country. Their donation was used to purchase multiple copies of
the books and for cash prizes for the Short Story Contest and the Poetry Contest. In addition,
community businesses donated prizes which were awarded in weekly draws for participating
teens. Kelly developed a number of fun contests to keep interest in the program strong all
summer. We would like to thank the following businesses who donated gift certificates and
prizes: A&W, Dairy Queen, Second Century Sports, Montana's, Little Caesar's, Boston Pizza,
East Side Mario's, the Source, Future Shop, and Georgian Mall.
The winner of the short story contest was Keera Merkley for her story "Bones"! There was a tie
for second place; Saralyn Stevenson won for her story "Juliet" and Emily Dalmer won for her
story "White Ivory". The third place winner is Nicole Wandel for "Tedek Roslan". The winner
of the Poetry contest was Shyla for "Trash on the Out". The winner for the Funny Caption
contest was Shayna C. "Alright! Do I Get to Chase After Cat Woman?" The winner of the
photography contest was Sarah Thompson. The winners received cash prizes sponsored by the
Orillia Rotary Club-Lake Country or gift certificates.
Members of Teen Survivor wrote 400 reviews and voted close to 500 times. The Hunger Games
by Suzanne Collins was voted the winrier of this year's On-Line Teen Survivor Summer Reader's
Book Club.
Sixty members of Teen Survivor including parents and grand parents participated in an exciting
bus trip to Stratford and attended the play Midsummer Nights Dream. This play was selected as
it has a prominent part in the Teen Survivor selection Wondrous Strange. Kelly Smith organized
this very successful day, in addition to the play Kelly arranged a picnic lunch and a dinner at
King's Buffet. We have had many positive comments about the trip and play.
The Teen Survivor Closing Party was held September 18"' in the evening after closing. Forty
teens had a great time playing survivor games and answering trivia questions based on the seven
books on the Teen Survivor Book Club.
Submitted by:
Suzanne Campbell
Director of Children's, Youth, and Audio Visual Services
Page 43 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
REPORT FOR THE MONTH OF SEPTEMBER 2009
BY DIRECTOR OF INFORMATION SERVICES
LYNNE GIBBON
GOAL 2: Create and maintain lifelong relationships with users:
Hours volunteers have provided to us have returned to normal levels - September hours
were 251, up 22 percent over last year.
GOAL 3: Optimize and customize library services to our user groups:
Library materials were delivered to 20 shut-ins in October, up 18 per cent over last year.
The Bookworms Book Club met at the beginning of the month to discuss the books that
they had read over the summer. No meeting will be held in November, as we will be in
the middle of the move to 500 Gill Street.
Displays were created on the themes of International Literacy Day, Terrorism, Beatles,
Giller and Evergreen Awards, Harbour Front Authors. Bookmarks listing the materials
OPL owns were also made up to promote the collection in these subject areas. Michelle's
Picks and "What's the Buzz" promoted 4 titles from our homepage.
I wrote an article for the North Simcoe News, discussing the programming that we would
be presenting in the Children's department until the move and I described the move to
500 Gill Street.
We met with Paul Lockwood from the Library Services Centre to discuss services
provided by them and integration possibilities with our new Integrated Library System
choices.
Meetings continued to be held to discuss the choice of a new ILS system to replace the
antiquated GEAC system.
MOVE TO THE TEMPORARY SITE:
I was made aware that one third (18,000 books) would have to be moved from the non-
fiction collection to offsite storage. I devised procedures to be followed to complete this
function and Megan Copp, an occasional employee from circulation, was hired to pull the
materials and recatalogued them to indicate the location change to "off site". The
materials then had to be boxed, moved up to storage, taken out of the boxes and put in
Dewey order on shelves in the storage units, so that they could be retrieved, if the public
decided to put a hold on them. Unfortunately, it took three weeks to get the shelves to the
storage unit, as the books had to be removed from the shelves that we needed, then the
shelves had to be taken down and the erected at the unit. As at October 15, over 422
boxes have been move up. I estimated that we would have to move almost 1000 boxes to
accomplish this, so it looks like we might meet that goal by the end of the month. Shelves
will still have to be erected and the collection put in order, however, before these
materials can be retrieved.
Page 44 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
GOAL 4: Advocate for increased public awareness of the value and range
of library services:
Because of the uncertainty of the timing for the move, no adult programming was booked
for the month of September or October.
GOAL 5: Develop methods of measurement to evaluate the effectiveness of
library services and programs:
I September 2009
Use of Internet
2460
Computers
Wireless
171
Online Products
918
Homepage visits
2031
Frost Papers visits
151
Information Services
1786
Enquiries
GOAL 6: Investigate, develop and maintain partnerships in the community:
I attended the Accessibility workshop presented by SOILS in Orangeville on
September 28th: under new legislation, libraries have to demonstrate, that they
have had a staff training session on Accessibility issues by January 1St, 2010.
I attended the Orillia Business Women's Association meeting and created
bookmarks to be handed out to promote library materials on estate planning.
The Information Orillia AGM was held on September 15th. Unfortunately, the
board lost Robert Hawk, as a representative. Plans are being completed for
Information Orillia's Fortieth Anniversary.
Goal 7: Attract, develop and maintain a trained and educated workforce.
Megan Copp will be attending Library School in January 2010, so the experience
she will acquire from helping us with the move, will assist her in her future career
in libraries.
Page 45 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
REPORT OF THE DIRECTOR OF TECHNICAL SERVICES
SEPTEMBER 2009
Director
I completed a preliminary design of the interim facility, the "Second-Last Library" on September
I", with indications where the electrical, telephone and computer connections should be. This
was revised over the next few weeks so we seem to have a final design. There was some
question over which information the electrical engineers had to go to tenders with, since their
plans did not match what we had sent over. Hopefully, thing are straightened out now.
I also spent a large amount of time preparing reports of materials that have not circulated in the
last 18 months, so we would know which items to put in storage.
Technical Processina
TP has had a hectic month, dealing with the large amounts books etc, coming down for
discarding and repairs. Statistics indicate that there were 2230 items removed from the
collection in September, and October will probably be just as high. They are also still handling
other projects, such as the "Battle-of-the-Books" collections. Lee Kelly is working some extra
hours to help the effort.
We met on September 9 with Paul Lockwood, sales representative for Ontario Library Services
Centre, and reviewed some of the ordering practices we are doing, and talked about how we
could integrate orders with LSC into the new system.
Circulation
Library circulation statistics remain strong, with 400 more items borrowed this September over
last. They are busy planning the move, and we have created special loan periods in the Advance
system that will see items with due dates starting November 23. An amnesty on fines was also
proposed, since calculating fines on materials returned while we are closed or swamped with
returns is impossible.
We discovered that the proposed circulation desk recycled from an old bar in the interim location
would not be appropriate, so the library will need to move and adapt the present desk.
New Intearated Librarv Svstem
With its members occupied by so many other tasks, the Automation Committee was hard-pressed
to find a time to meet. We finally did so, however, on September 22, and reviewed the calls and
e-mails to other client libraries of the systems we were still investigating. A number of questions
came up about the one we are most interested in, so I entered further conversation and
correspondence with the company rep. The committee will very likely decide on a system in
October.
Page 46 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
REPORT OF CHIEF EXECUTIVE OFFICER FOR SEPTEMBER 2009
CIRCULATION OF MATERIALS
Jan-Seu
Jan-Sea
PRINT
2008
2009
Books
137381
139349
Periodicals
6412
6465
Maps, Gov't. Publications, Pamphlets, Pictures
34
30
Interlibrary Loan - Borrowed
1379
1231
Interlibrary Loan - Loaned
1727
1753
177TAL PRINT
1L4:6933 148:82;$:1
NON-PRINT
CD-ROMs
154
78
Equipment
58
20
Microfilms ILLoan - Borrowed
62
34
Microfilms ILLoan - Loaned
N/A
N/A
Multi-Media
41
27
Other Materials
0
0
Other Materials ILLoan - Borrowed
64
14
Other Materials ILLoan - Loaned
62
55
Sound Recordings
9955
10136
Talking Books ILLoan - Borrowed
15
5
(and Books-on-Tape) - Loaned
77
60
Videos and DVDs
23962
28702
Videos and DVDs ILLoan - Borrowed
20
14
Videos and DVDs ILLoan - Loaned
72
100
ITQTAL NQN °PRINT ' . ,
(T+DTAL ALL _ 11AI"ION ! (8147 1$8D73'
SERVICES
REFERENCE TRANSACTIONS
Adult
13030
11723
Children
3106
3276
Directional/Telephone Queries
1653
1329
E-Mail/Mail/Fax Requests
130
134
Extended Computer Help
1033
854
Other Libraries
3311
3401
Readers' Advisory
1718
1576
ITtTAL REFERENG'fRA1~ISACTIONS
398
INTERNET/COMPUTER USE
Adult/Children
19876
20444
Online Product Logins
21953
15022
Frost Scrapbook
348
453
Web Page Visits
13220
16681
Wireless
351
1249
~TQTAL INTERIVEWCOMPtJTE: USIE
55397: 538449
IN-LIBRARY USE OF NON-FICTION MATERIALS
11154
9380
IN-LIBRARY USE OF MICROFILMS
711
682
(GRAND TOTA14LIBRARY ,-272718 ' ffl 2742771
Page 47 of 201
Agenda Item # 13d) - Minutes of Orillia Public Library Board meeting held on Sept...
SERVICES - CONTINUED
Jan-Sep
Jan-Sea
2008
2009
PROGRAMS - ADULT SERVICES
In-Library - Group Visits
0
2
* Attendance
0
17
- Programs
36
66
* Attendance
836
931
Out of Library - Talks to Groups
13
7
* Attendance
346
285
PROGRAMS - YOUNG ADULT SERVICES
In-Library - Programs
21
18
* Attendance
236
266
PROGRAMS - CHILDREN'S SERVICES
In-Library - Group Visits
17
25
*Attendance
330
633
- Story Hours
101
85
* Attendance
2200
1934
- Other
64
82
* Attendance
2314
2387
Out of Library - Talks to Groups
22
56
* Attendance
3519
3828
- Programs
20
6
* Attendance
331
528
294. ...:..3h7
TOl`AL PRQ~sRAiM S
TOLAL ATTENDANCE
1 Q 1
9 Q$09
LIBRARY VISITS (Door Count)
133460
138689
AVERAGE PER DAY (Incl. Sunday)
580
613
NUMBER OF NEW BORROWERS REGISTERED
2008
2009
Adult - City of Orillia
829
795
- Township of Oro-Medonte
156
150
- Township of Severn
119
140
- Non-Resident - Annual
1
3
- Six Month
5
3
- Occasional
14
15
- Non-Resident Taxpayer
17
17
- Lakehead Students
0
51
- Library Staff & Volunteers
9
3
Children - City of Orillia
286
354
- Township of Oro-Medonte
48
73
- Township of Severn
40
49
Institutional
0
0
Other (eg. Reciprocal/Learning Centre/Nursing Homes)
11
21
TOTAL NEW BORROWERS REGISTERED.': 1:535
t67a~
Page 48 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Mel Coutanche
Councillor Ward 1
Township of Oro-Medonte Original Message
From: "Dave Lalonde"
To: "Hough, Ralph" <ralph.hough@oro-medonte.ca>; "Hughes, Harry"
<harry.hughes@oro-medonte.ca>; "Coutanche, Mel"
<mel.coutanche@oro-medonte.ca>
Sent: Monday, November 02, 2009 11:12 PM
Subject: Support for Horseshoe Valley Paintball
Gentlemen, I'm writing to support of one of your local businesses,
Horseshoe Valley Paintball.
On Sunday November 1st, my son and I traveled from Pickering to
Oro-Medonte, enjoyed a magnificent day playing outdoors together at this
safe, well-organized and friendly paintball field. We then bought dinner at
a nearby restaurant in Craighurst, bought gasoline across the road, made
mental notes to plan for some skiing and tubing this winter at Horseshoe
Resort, and to look into attending the offroad motorcycle school in the
area next summer.
I have hoped that someone would open a paintball facility in the area, as
paintball is our primary warm weather activity, and I'm delighted with the
quality of Horseshoe Valley Paintball, both in the thoughtful design of the
facility and its operation. With their careful attention to safety,
promotion of good sportsmanship, and innovative terrain design I expect
that they will be successful as a business and as ambassadors for your
beautiful and interesting region.
I will not be able to travel to your council meeting on November 12, but I
can be reached by email or telephone if you wish to ask me any questions
about this sport and about my opinion of Horseshoe Valley Paintball.
Best Regards,
Dave Lalonde
Pickering, ON
Page 49 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Tomcat
To: Houah. Raloh ; Huahes. Harrv ; Coutanche. Mel
Sent: Sunday, November 01, 2009 2:54 PM
Subject: Horseshoe Valley Paintball
Dear Council :
To: Oro Medonte Council & Planning Department
November 15`. 2009
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their business on
the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone to benefit them, the Township, and
community.
It is our hope that you allow the park to continue its business, paintball is a multi million dollar annual
industry. The dollars generated by a business such as this should make it quite feasible for council to allow
it to exist.
Sincerely,
The Glen Morris Mercenaries Paintball Team
www.alenmorrismercenaries.com
Page 50 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Tom Cunninaham
To: Houah. Raloh ; Huahes. Harrv ; Coutanche. Mel
Sent: Sunday, November 01, 2009 2:48 PM
Subject: Horseshoe Valley Paintball
November 1st. 2009
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being voted on, on November 12`i' 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley
Paintball in their endeavor and ask Council to grant them a bylaw to re-zone to benefit them, the
Township, and community.
Sincerely,
Tom Tomcat Cunningham
Chief Editor
The Catshack Reports
htto://www.catshackreoorts.com/
Page 51 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Connor McSherrv
To: ralah.houah(o)oro-medonte.ca ; harrv.huahes(o)oro-medonte.ca ; Coutanche. Mel
Sent: Sunday, November 01, 2009 6:21 PM
Subject: concerning horseshoe valley paintball
November 1st. 2009
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their business on
the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone to benefit them, the Township, and
community.
Page 52 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Caroline Faris
To: Houah. Ralph ; Huahes. Harrv ; Coutanche. Mel
Sent: Monday, November 02, 2009 10:47 AM
Subject: Horseshoe Valley Paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their business on
the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, Military and the local community. I
want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone the property to benefit them, the
Township, and community at
large. I want you to allow them to continue their operation without having to modify the park in any
way until they are granted the right through the re-zoning process to continue their operation at their
present location.
Best Regards
Caroline Faris (an Oro Medonte resident)
Page 53 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Randv fetter
To: Coutanche. Mel
Sent: Sunday, November 01, 2009 10:53 PM
Subject: horseshoe valley paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the
local community. I want Horseshoe Valley Paintball to continue its operation at its present
location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley
Paintball in their endeavor and ask Council to grant them a bylaw to re-zone to benefit
them, the Township, and community.
Page 54 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Jocelvn Poulsen
To: Huahes. Harrv ; Houah. Raloh ; Coutanche. Mel ; Leiah. Andria
Sent: Tuesday, November 03, 2009 8:38 AM
Subject: Horseshoe Valley Paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their business on
the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, Military and the local community.
want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone the property to benefit them, the
Township, and community at large
I want you to allow them to continue their operation without having to modify the park in any way until they
are granted the right through the re-zoning process to continue their operation at their present location.
Best Regards,
Jocelyn Poulsen
Page 55 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: Brandon Corbeau
To: Huahes. Harrv ; Houah. Ralph ; Coutanche. Mel ; Leiah. Andria
Sent: Tuesday, November 03, 2009 8:12 PM
Subject: Future of Horseshoe Valley Paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their business on
the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, Military and the local community. I
want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone the property to benefit them, the
Township, and community at large
I want you to allow them to continue their operation without having to modify the park in any way until
they are granted the right through the re-zoning process to continue their operation at their present
location.
Best Regards
Brandon Corbeau, John Corbeau & Ryan Corbeau Of Collingwood Ontario
Page 56 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Dave Collver
To: Houah. Raloh ; Huahes. Harrv ; Coutanche. Mel
Sent: Monday, November 02, 2009 12:03 PM
Subject: PaintBall
November 1st. 2009
To: Oro Medonte Council & Planning Department
Good morning. I am writing to express my support for Horseshoe Valley PaintBall and efforts to open and run a paintball business
(property 3193, Line 7, North). It is my understanding that a vote will be held with regard to this business plan on November 12th,
2009. It is my position that this business should be allowed to proceed at its present proposed location. I say this for many reasons
but the primary one is that it is a SPORT that my entire family engages in and enjoys on a weekly basis. It is a safe, competitive,
fun, family oriented sport that is much akin to my experiences playing house league Hockey every Saturday morning. In my
experience the negative stereotypes attached to the sport of Paintball are simply unfounded.
It is my understanding that Horseshoe Valley PaintBall will be applying for a re-zoning, and I fully support this endeavor. I ask
Council to allow this re-zoning application to proceed.
Sincerely yours,
D Collyer
Page 57 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Andrew Halstead
To: Coutanche. Mel
Sent: Monday, November 02, 2009 8:46 AM
Subject: Horseshoe Valley Paintball
Dear Councilor Coutanche,
This email is a request for you to consider making a favourable ruling that will allow
Horseshoe Valley Paintball to continue operating. As a father of three children and a
paintball player myself I urge you to look at paintball for what it has to offer. The paint is
biodegradable, the High Pressure Air is non-polluting and the sport provides healthy outdoor
exercise for many children.
Paintball parks operate during regular day time business hours, and the noise level
generated by paintball markers falls well below safe sound levels.
There are a number of recent articles that illustrate the many positive attributes of
paintball.
http://www.articleallev.com/article 749201 32.html
http://recreation-and-soort.bloosoot.com/2007/06/benefits-of-Paintball-soort.htmI
httiD://ezinearticles.com/?Paintball-As-a-Soort ---Healthv-Benefits-of-Plavina-
Paintball&id=1344167
htto://www.westislandchronicle.com/article-377288-The-development-of-team -soirit-
leadership-conflict-resolution-phvsical-activitv.html
Horseshoe Valley Paintball provides jobs, pays taxes and has brought new business to the
area during a recession. With paintball having so many positive contributions to the local
economy and well being of the members of the local community, it would be difficult to find
justification to deny them an opportunity to make a living, and make a positive contribution.
Quite often there is a lack of information or awareness about paintball. This lack of
information can sometimes lead people to make decisions or form opinions or develop
biases without understanding just how many positive attributes paintball has to offer.
Sincerely,
Andrew Halstead
Page 58 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Amanda Faris
To: Houah. Raloh ; Huahes. Harrv ; Coutanche. Mel
Sent: Monday, November 02, 2009 12:34 PM
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the
local community. I want Horseshoe Valley Paintball to continue its operation at its present
location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley
Paintball in their endeavor and ask Council to grant them a bylaw to re-zone to benefit
them, the Township, and community.
Please seriously consider my email and please vote to keep a local business going strong.
Also keeping in mind if you vote negatively for Horseshoe Valley Paintball, this may
discourage other businesses from attempting to set up in your area. During these difficult
economic times, small communities need all of the local support & revenue they can get.
Thank you very much for your consideration.
Amanda Faris
Page 59 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Poulsen. Glen
To: Houah. Ralph ; Huahes. Harrv ; Coutanche. Mel
Sent: Tuesday, November 03, 2009 4:43 PM
Subject: RE: Horseshoe Valley Paintball
It has come to my attention that a vote is to be conducted on November 12th to decide on the fate of
Horseshoe Valley Paintball (HVP) and their ability to conduct business on the property of 3193 Line 7
North.
I believe HVP is a great benefit to our local families, youth, sports teams, Police & Military and the
community. It is my personal desire to see HVP continue to conduct operations - as is - at its present
location.
I have also come to know that HVP will be applying to re-zone, which I fully support. I ask that you assist
HVP in their endeavor and ask Council to grant a bylaw for re-zoning which will benefit not only HVP but
also the township and community.
Sincerely,
Glen Poulsen
RBC Capital Markets
Technical Systems Analyst - Ops and Finance IT
Page 60 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: Eva Young [mailto:]
Sent: Thursday, November 05, 2009 1:34 PM
To: Irwin, Doug
Subject: Fw: a site: Paintball Park needs your help I Catshack Reports
Dear Mayor Hughes and Members of Council:
Please note the following as published on the website 'CatShackReports'.
htto://www.catshackreoorts.com/2009/11/Daintbal I-park-needs-vour-help/
No doubt you will receive (or perhaps have already received) several letters of supportfrom Paintball enthusiasts
across the country in support of the Horseshoe Valley Paintball operation.
Would support from non-residents of Oro-Medonte be considered relevant to Council in making their decision on
the issue at hand?
Those in our community who are opposing the venture do so not as a general statement of opposition to the sport
itself, as these letters will do, but more specifically to the location of the business which is not zoned to permit it.
Thankingyou in advance for your direction re: the Council's position on statements receivedfrom outside of our
township,
Sincerely
Eva Young
83 Horseshoe valley Rd West
Oro Medonte
Page 61 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: Mel Coutanche [mailto:mel.coutanche@oro-medonte.ca]
Sent: Thursday, November 05, 2009 7:51 AM
To: Irwin, Doug; Leigh, Andria; Ball, Jerry; McNiven, Lisa; Dunn, Robin
Subject: Fw: Horseshoevalley Paintball / P Barnes Nov 4-09
Original Message
From:
To: Council
Sent: Wednesday, November 04, 2009 7:12 PM
Subject: Horseshoevalley Paintball
To: Oro Medonte Council & Planning Department It has come to my attention that a vote to allow
Horseshoe Valley Paintball to conduct their business on the property of 3193 Line 7 North is being voted
on, on November 12th 2009. Horseshoe is a great benefit to our families, our youth, teams, Police,
Military and the local community. I want Horseshoe Valley Paintball to continue its operation at its
present location. I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe
Valley Paintball in their endeavor and ask Council to grant them a bylaw to re-zone the property to
benefit them, the Township, and community at large I want you to allow them to continue their
operation without having to modify the park in any way until they are granted the right through the re-
zoning process to continue their operation at their present location. Best regards Peter Barnes
Page 62 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From:
To:.Council
Sent: Wednesday, November 04, 2009 7:07 PM
Subject: Horseshoevalley Paintball
I attended their big game on the 18th with my family and loved it. It was very well set up and thought
out which made it one of the best scenario fields around.
Paul Barnes
Page 63 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: Mel Coutanche [mailto:mel.coutanche@oro-medonte.ca]
Sent: Thursday, November 05, 2009 7:49 AM
To: Allison, Terry; Agnew, Sandy; Crawford, John; Hughes, Harry; Evans, Dwight; Coutanche, Mel;
Hough, Ralph; Irwin, Doug; Leigh, Andria; Ball, Jerry; McNiven, Lisa
Subject: Fw: Horseshoe Valley Paintball / J Metzger Nov 4-09
From: Janet Metzger
To: Hughes, Harry
Sent: Wednesday, November 04, 2009 1:11 PM
Subject: Horseshoe Valley Paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being voted on, on November 12`li 2009.
Since I cannot attend I would like to show my support for this company / business.
Horseshoe Valley Paint Ball is a great benefit to our families, our youth, teams, Police, Military
and the local community. I want Horseshoe Valley Paintball to continue its operation at its
present location.
I understand Horseshoe will be applying for a re-zonitig, and fully support Horseshoe Valley
Paintball in their endeavor and ask Council to grant them a bylaw to re-zone the property to
benefit them, the Township, and community at large
I want you to allow them to continue their operation without having to modify the park in any
way until they are granted the right through the re-zoning process to continue their operation at
their present location.
Regards
Janet Metzger
Page 64 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: Mel Coutanche [mailto:mel.coutanche@oro-medonte.ca]
Sent: Wednesday, November 04, 2009 2:46 PM
To: Allison, Terry; Agnew, Sandy; Crawford, John; Hughes, Harry; Evans, Dwight; Coutanche, Mel;
Hough, Ralph
Cc: Dunn, Robin; Irwin, Doug; Leigh, Andria; Ball, Jerry; McNiven, Lisa
Subject: Fw: Regarding Horseshoe Valley Paintball / R Pereira Nov 2-09
Original Message
From: Richard Pereira
To: Houah. Ralph ; [gahes. Harrv ; Coutanche. Mel
Sent: Monday, November 02, 2009 10:08 PM
Subject: Regarding Horseshoe Valley Paintball
To : Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being
voted on, on November 12th 2009.
I understand Horseshoe will be applying for a re-zoning, and I would like to express that I
fully support Horseshoe Valley Paintball in their endeavor and ask Council to grant them a
bylaw to re-zone to benefit them, the Township, and community.
I have been playing paintball regularly since 1998 and it is one of the safest team sports out
there.
Kind regards,
Richard Pereira
354 Lake ave
Dorval, Quebec, H9S 233
Page 65 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Mark Greatrix
To: Houah. Raloh ; Hughes. Harrv ; Coutanche. Mel
Sent: Wednesday, November 04, 2009 9:06 AM
Subject: Horseshoe Valley Paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North will occur on November 12th, 2009.
Horseshoe Valley Paintball provides great benefit to our families and youth and other special
interest groups within the local community. I want Horseshoe Valley Paintball to continue its
operation at its present location.
I understand Horseshoe Valley Paintball will be applying for a re-zoning. I fully support
Horseshoe Valley Paintball in their endeavor and ask Council to grant them their request to
re-zone.
Sincerely,
Mark Greatrix
Page 66 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Nathan Cadeau
To: Huahes. Harrv ; Houah. RaIDh ; Coutanche. Mel ; Leiah. Andria
Sent: Wednesday, November 04, 2009 12:54 PM
Subject: Horseshoe Valley Paintball
Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to operate on the property
of 3193 Line 7 North is being voted on, on November 12th 2009. As I will be unable to attend this vote I
would like to express my views regarding this vote through this email.
I understand Horseshoe Valley Paintball will be applying for a re-zoning, and I fully their endeavour. I
hope you will grant them their request as I feel it would benefit the entire community.
I want you to allow them to continue their operation without having to modify the park in any way until
they are granted the right through the re-zoning process to continue their operation at their present
location.
Regards
Nathan Cadeau
Page 67 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: "BC Tactical"
*To Oro Medonte Council & Planning Department*
It has come to my attention that the council is reviewing the permitting of
Horseshoe Valley Paintball. It is also my understanding that Horseshoe Valley
Paintball is also looking at the option of re-zoning its current location.
First off I will say I do not envy your position and I fully understand the
position you are now in. I was a municipal councillor for three years in my home
town of Princeton BC.
I am not a resident of your area or even of Ontario. I am in British Columbia
and I represent over 300 paintball players from all parts of the province. I am
the founder and head of BC Tactical, a provincial-wide paintball organization.
Although you may consider the matter a local issue we in the paintball community
see a problem for one as a problem for all.
There are a number of misconceptions about paintball that have given our sport
and industry a bad name over the years. These misconceptions are easily
dispelled by a simple trip to your local field. Paintball is one of the safest
sports you can play. According to insurance company statistics, there are only
0.24 injuries per 1,000 players. Compare this to lacrosse at 223.79 per 1,000 or
even fishing at 1.43 per 1,000. Even bowling has a higher risk of injury at 0.47
per 1,000 participants.
These low-injury statistics are due in part to the stringent safety requirements
set out by the ASTM standards.
Paintball is one of the fastest growing markets. According to SGMA
International's Recreation Market Report, in 2004 paintball had a 5.4% increase
in sales to $390 million. This was higher than ice skates for hockey which only
had a 4.9% increase up $215 million.
When large paintball events are held, games can bring hundreds of players to your
community who will spend money on gas, food, accommodations, not to mention the
family members who come and do not play that will also spend money in your
community while their loved ones play paintball. For example, there is a game
held in the sleepy little community of Greenwood BC population 656. The event
hosted 200 players plus parents, spouses and support staff, putting the number
closer to 250 people. The players filled the hotels, ate at the local
restaurants and bought gas at the local gas station. The point I am trying to
make is that although there may be some concerns over paintball, the benefits to
a community far outweigh any hypothetical concerns.
I speak on behalf of all of the members of BC Tactical when I say that I hope
that your council considers approving the permitting or rezoning of Horseshoe
Valley Paintball.
Sincerely,
Spencer Coyne
BC Tactical Provincial Coordinator
Page 68 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: Terrv Gilchrist
To: Coutanche. Mel
Sent: Thursday, November 05, 2009 8:04 PM
Subject: Horseshor Valley Paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being voted on, on November 12`h 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley
Paintball in their endeavor and ask Council to grant them a bylaw to re-zone the property to
benefit them, the Township, and community at large
I want you to allow them to continue their operation without having to modify the park in any
way until they are granted the right through the re-zoning process to continue their operation at
their present location.
Best Regards
Terry Gilchrist
Page 69 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From:
To:.Council
Sent: Sunday, November 08, 2009 2:22 PM
Subject: Horseshoe Valley Paintball
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location. I
understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley
Paintball in their endeavor and ask Council to grant them a bylaw to re-zone the property to
benefit them, the Township, and community at large I want you to allow them to continue their
operation without having to modify the park in any way until they are granted the right through
the re-zoning process to continue their operation at their present location. Best Regards Michael
Price
Page 70 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
Original Message
From: Loaan Mvers
To: Hughes. Harrv ; Hough. Raloh ; Coutanche. Mel ; Leigh. Andria
Sent: Monday, November 09, 2009 11:02 AM
Subject: Horseshoe Valley Paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley
Paintball in their endeavour and ask Council to grant them a bylaw to re-zone the property to
benefit them, the Township, and community at large
I want you to allow them to continue their operation without having to modify the park in any
way until they are granted the right through the re-zoning process to continue their operation at
their present location.
Thank you and best regards,
Logan Myers Marketing & Sales Turf Care Products Canada
T. 905.657.3267 C. 905.751.4891 F. 905.836.0995
Page 71 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
k k##kk
Original Message
From: Allen Bosch
To: Houah. Raloh ; Hughes. Harrv ; Coutanche. Mel
Sent: Sunday, November 08, 2009 1:55 AM
Subject: Paintball vote
I understand that you currently have a vote regarding a paintball park in your county.
As a paintball player and as a member of St. John Ambulance volunteers I can see
the dilemma you are faced with.
On the one side you must consider the safety of your community, and paintball guns being
weapons this could pose a problem. However not providing a place for paint ballers to go and
play there sport you force them to find alternate places to play. This leads to more problems such
as who will teach the right and the wrong way to play paintball.
I volunteer two Saturdays a week in London with the "Young Guns" program designed to teach
the youth that these are weapons and not toys. To teach these youngsters that these weapons can
injure people and damage properly and must be handled with respect for others. Not providing a
place for paint ballers to learn the game can lead to trespassing, damaged property and injured
people.
On the other hand a paintball park can be good for the county. Most paintball parks hold
tournaments that will bring crowds from all across the province, boosting the sales of gas bars,
restaurants, hotels and many others including the county it self. Not to mention that its in
a controlled location where it cant harm anyone.
My recommendation is to vote yes to the park. Its just like the skateboard parks. Its easier to
monitor people that want to practice there sport if you know where to look.
Dave Bosch, Woodstock Ontario
msn:
Page 72 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: Blair Mave
To: Huahes. Hnrrv ; Houoh. Ralph ; Coutnnrhe. Mel
Sent: Thursday, November 12, 2009 7:35 AM
Subject: Fwd: Horseshoe Valley Paintball
November 12th. 2009
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their
business on the property of 3193 Line 7 North is being voted on today, November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley
Paintball in their endeavor and ask Council to grant them a bylaw to re-zone to benefit them, the
Township, and community.
Thanks for considering this important matter.
Blair Maye
Page 73 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: shane bane
To: Huahes. Harry ; Houah. Ralph - Coutanche. Mel ; Leiah. Andria
Sent: Wednesday, November 11, 2009 5:31 PM
Subject: Horseshoe Valley Paintball
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their business on
the property of 3193 Line 7 North is being voted on, on November 12th 2009. Horseshoe is a great
benefit to our families, our youth, teams, Police, Military and the local community. I want Horseshoe
Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone the property to benefit them, the
Township, and community at large
I want you to allow them to continue their operation without having to modify the park in any way until
they are granted the right through the re-zoning process to continue their operation at their present
location.
Shane Bage
Page 74 of 201
Agenda Item # 13e) - Correspondence re: Horseshoe Valley Paintball, 3193 Line 7 N...
From: iim ournell
To: Pat & Jim ; Allan Baker
Cc: ; D.K.
Sent: Saturday, October 31, 2009 1:37 PM
Subject: RE: note for consideration
As a teacher, who sees anti-bullying/ violence programs daily (it is my understanding that
toy guns are not allowed in SCDSB schools, but this should be verified) , training kids that
shooting at others is OK is hardly what I want kids to be doing/ learning in "my backyard."
Nor should kids be learning that making loud noises that disturb neighbours (such as me,
often thinking that hunters have gone wild when I hear the paintguns).
I find it sad that Monty argues his outfit is beneficial because some within the police/
military sanctions it. Don't the military have better things to do on their off-time than play
war!!!
Surely we want our police and military to be promoting anti, not-pro violent activities. I
would prefer to see our troops deployed as peacekeepers (vs. being deployed to prop up
American-led operations such as in Afganistan that will likely continue indefinitely) again to
make Canada proud, and I am concerned about Canadian taxes are being used to
hire soldiers (and their, or at least other kids) apparently thinking that killing is a fun
pastime (as I believe paintball promotes).
You may use this comment, just let me know the context and if I can do anything else to
assist let me know.
I could even provide my Ontario Teacher's Certificate number if needed!!!
Jim Purnell
127 Huronwoods Drive
(Sugar Bush)
RR# 4, Coldwater
ON., LOK 1E0
Page 75 of 201
Agenda Item # 14a) - Terry Horner, CAO/Clerk, Township of Mulmur, correspondence
November 4, 2009
Hon. Donna Cansfield
Minister of Natural Resources
Suite 6630 6 h Floor
99 Wellesley Street W.
TORONTO, ON
M7A 1 W3
Dear Minister Cansfield:
Subject: Role and Responsibilities of Conservation Authorities
Recently, the Township of Essa in Simcoe County, a fellow member municipality of the.
Nottawasaga Valley Conservation Authority (NVCA), circulated a resolution to us
calling for an operation audit of the NVCA.
At a meeting of Council on November 3, 2009, the Township of Mulmur supported the
Township of Essa resolution. We have, for several years; also been pushing for more
accountability and a general streamlining of the role and responsibilities of the NVCA,
primarily to reduce duplication and costs.
You may recall that representatives from Mulmur Township, including Sue Snider, our
Deputy-Mayor, have spoken with you about this very issue. Previously, we had met with
the Hon. David Ramsay, your predecessor, about this issue at the 2007 AMO conference.
A copy of an outline of our presentation to Minister Ramsey is attached.
He indicated to us that he too had felt that the conservation authorities had, on occasion,
"overstepped their bounds", and that an internal review was already being carried out at
that time, and that the findings would soon be made available. However, to date, no such
report has ever been released or received.
Page 76 of 201
Agenda Item # 14a) - Terry Horner, CAO/Clerk, Township of Mulmur, correspondence
It seems to us that, if information useful to this initiative is already available, or is soon to
be made available, a great deal of time and effort can be saved, and additional costs
avoided.
Can you please advise the Township of Mulmur of the status of this initiative and provide
us with a copy of any and all information that is available pertaining to this matter.
If there is a different protocol or process that must be followed in order to obtain the
information, such as a Freedom of Information request, please advise us of what we need
to do to obtain this information.
We look forward to your response.
Yours very truly,
Terry Horner, A.M.C.T.
CAO/Clerk
Township of Mulmur
AT'T'ACHMENT
C.C. Township of Essa
Nottawasaga Valley Conservation Authority
Member Municipalities of the NVCA
Sylvia Tones, MPP
David Tilson, MP
Page 77 of 201
Agenda Item # 14a) - Terry Horner, CAO/Clerk, Township of Mulmur, correspondence
CORPORATION OF THE TOWNSHIP OF ESSA
MOVED BY: Macdona(ap DATE: nctoher 7. 2009
SECONDED BY: RESOLUTION NO: C222-200q
THAT the Council ofthe Township of Essa has identified the need for an independent review of the
NVCA regarding how they collect and charge for permit fees, levy fees and the duplication of
planning for residents, businesses and the municipalities in the NVCA catchment area;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Essa requests
municipalities in the NVCA watershed to support an immediate review by an independent thirdparty
who will be asked to develop an action plan on matters such as but not limited to, the duplication
and required level ofplanning in the NVCA catchment area; halting collection ofpermit fees by the
NVCA, but instead with municipalities collecting reasonable fees to meet the objectives set out in the
Conservation Act, and passing along appropriate fees to the NVCA for services performed;
streamlining of services and a strategy for reduction of levy fees; and further
THAT Essa Council looks forward to working with the NVCA in order to provide a better service to
all residents of the area.
It is requested that a copy of this resolution be sent to all NVCA member municipalities for
consideration and support.
Mayor:
67
Page 78 of 201
Agenda Item # 14a) - Terry Horner, CAO/Clerk, Township of Mulmur, correspondence
- CHECK AGAINST DELIVERY -
February 26, 2007
Presentation to the Hon. David Ramsey
Minister of Natural Resources
Subject: Concerns of the Townshin of Mulmur over Conservation
Anthoritv Regulations, Policv Interpretation and Fees/Levies
Introduction
The Township of Mulmur, a small rural member municipality of the
Nottawasaga Valley Conservation Authority, has serious concerns with what
is happening with our Authority.
Our concerns are shared by many other member municipalities of the
NVCA, as evident in the copies of correspondence we are providing today.
The NVCA itself has apparently also now recognized that there are
problems, and has initiated its own effort to address some of the same
concerns that we have, as is evident in their February 16, 2007, a copy of
which we are also providing.
The Bottom Line
We have "hit the wall" with respect to:
• The seemingly ever increasing and diversifying role of the NVCA;
• The extent to which excessive regulations and controls are being
imposed, and;
• what we, as a municipality, and our ratepayers should be expected to
pay for.
Page 79 of 201
Agenda Item # 14a) - Terry Horner, CAO/Clerk, Township of Mulmur, correspondence
Generic ReLaulations
Mulmur Township has serious concerns about the accuracy of recently
released mapping of regulated areas.
We question the necessity of applying regulations to many areas of the
Township, such as, for example, municipal road ditches and low areas
through cultivated fields.
We have serious concerns with what we see as the overzealousness of the
NVCA in pursuing a strict and inflexible interpretation of policies and
regulations, often against even the smallest and seemingly most harmless
undertakings.
This became a hot issue in the last municipal election.
Landowners were and remain largely unaware of the mapping and the
implications of what is being done, until they require NVCA approvals.
We feel that the NVCA's job is to ensure that the impacts of development
and site alterations are minimal and acceptable, and that thinv-s get done
right.
Anything else is unnecessary, and unnecessarily onerous and expensive.
Provincial Policv Interpretation
We have also had a number of planning applications which have resulted in
an objection from the NVCA, based on a narrow "interpretation" of
Provincial Policy.
The NVCA's position is that the "must be consistent with" Provincial Policy
requirement constitutes, as an example, a virtual prohibition of anv and all
development and site alterations in flood plains.
All watercourses, whether they are seasonally wet drainage channels, or the
Nottawasaga River, seem to be regarded as the same under this
"interpretation".
Page 80 of 201
Agenda Item # 14a) - Terry Horner, CAO/Clerk, Township of Mulmur, correspondence
Although they seem reluctantly willing to consider applications under their
regulations for such things as watercourse crossings on existing lots, they
feel that they are not allowed to permit them in any situation where the
proposal involves an application under the Planning Act (and conformity
with the PPS), such as an application for a severance or rezoning.
When challenged, the NVCA advised that Provincial Policy ties their hands.
They have, in fact, suggested that we take the matter up with you and your
colleague, Minister Gerretson.
Since both your Ministry and the Conservation Authorities are key delivery
agencies, will you please investigate, in concert with Minister Gerretson,
whether the Province actually intended that Provincial Policies and
Conservation Authority regulations were to be applied in such a rigorous and
inflexible manner?
Municiaal Levies and Fees
Our greatest concern is that this all costs a great deal of money.
As a result;
• the fees charged by the NVCA for approvals are too often arbitrary,
excessive and unjustified.
• the NVCA's planning budget has increased five fold in seven years.
These are all costs which ultimately must be borne by our ratepayers,
homeowners, consumers, farmers, businesses, etc.
We feel that these ever increasing costs, which are the result of an ever
expanding role and mandate of the NVCA are, in turn, the consequence of
the downloading of responsibilities from the Province without a
corresnondinp-, adequate contribution of Provincial funding sunDort.
Council feels that the burden of cost cannot be expected to continue to be
borne by the local municipalities and their ratepayers.
Page 81 of 201
Agenda Item # 14a) - Terry Horner, CAO/Clerk, Township of Mulmur, correspondence
Will you therefore please conduct a review of:
« what the CAs are doing and why;
• where duplication and waste can be eliminated;
• why it all has to cost so much money;
• how it can be more equitably funded, and
how the Province intends to provide its fair share.
Respectfully submitted for your consideration and a response.
Thank you!
Gordon Montgomery, Mayor
Township of Mulmur
Page 82 of 201
Agenda Item # 14b) - Petition dated November 1, 2009, re: Horseshoe Valley Paintb...
HORSESHOE VALLEY PRIIITORLL
ERJOY THE ERPERIERCE
November 1". 2009
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their business on
the property of 3193 Line 7 North is being voted on, on November 12`h 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone to benefit them, the Township, and
community. X7
Best Regards,
-Z) IT t~\' 5 1 -7
1/w~U.T4
l~ U gas--- 3~~. . ~
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02-12-
03-5-3/-57 Page 83 of 201
Agenda Item # 14b) - Petition dated November 1, 2009, re: Horseshoe Valley Paintb...
HORSESHOE VALLEY PRIRTORLL
WHY THE EHPERIERGE
bOV 0 91D09
November 1~. 2009
,To: Oro Medonte Council & Planning Department T0wNg O~TE
It has come to my attention that a vote to allow Horseshoe Valley Paintball to conduct their business on
the property of 3193 Line 7 North is being voted on, on November 12th 2009.
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone to benefit them, the Township, and
community.
Best Regards,
r
lIL
! r ~ ~C✓ .flee o ~ _.,~~~.G r'. I-~~-~.•~ +
r
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Page 84 of 201
Agenda Item # 14b) - Petition dated November 1, 2009, re: Horseshoe Valley Paintb...
HORSESHOE VALLEY
November V. 2009
To: Oro Medonte Council & Planning Department
It has come to my attention that a vote to allow Horseshoe Valley Pain
the property of 3193 Line 7 North is being voted on, on November 12`n 2009
their business on
Horseshoe is a great benefit to our families, our youth, teams, Police, and Military and the local
community. I want Horseshoe Valley Paintball to continue its operation at its present location.
I understand Horseshoe will be applying for a re-zoning, and fully support Horseshoe Valley Paintball in
their endeavor and ask Council to grant them a bylaw to re-zone to benefit them, the Township, and
community.
Best Regards,
Glen p0id5in
I;F
'A
G .iA(!c~
C... P
~cw9~
FAG
Page 85 of 201
Agenda Item # 14c) - Montgomery Childs, correspondence dated November 12, 2009, r...
N ISNE VALLEY TMEL
m
November 12, 2009
To All Oro Medonte Council Members, Planning Department,
and Administration Personnel,
I am writing this letter to inform you of the progress we are making with respect to Horseshoe Valley
Paintball after our meeting on November 10th 2009.
Joshua Faris, Paul Childs, and I Monty Childs all owners of Horseshoe Valley Paintball met with Andria
Leigh, and Glenn White on Tuesday November 10 2009 to discuss an overview of what, when and how
the park can be brought into compliance with Site Plan issued for the park.
In our view, the cited infractions on the report can be resolved in agreement with the Oro Medonte
Planning department. It took this meeting to find out the context, and specific technical details to
determine and more clearly understand what needs to be done.
We have contacted our Solicitor with respect to some of the Legal items specific to ownership which will
require a meeting with our Solicitor and Oro Medonte Planning department to assure whatever
changes, or corrections are needed are agreed upon.
Also, there was preliminary discussion regarding our plan to re-zone. Andria Leigh cited a number of
things regarding this process and the time it can take to secure. It is our intent to file a new Site Plan
Application to pursue this.
We need Council's agreement to allow us to continue operations while we work with the Planning
Department on all of these things, and submit a new Site Plan Application.
Best Regards,
Montgomery Childs
Page 86 of 201
Agenda Item # 18a) - A By-law to Assume and Establish Highways Within the Townshi...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-116
A By-law to Assume and Establish Highways Within
the Township of Oro-Medonte
Plans 51 M-633, 51 M-676, 51 M-723, 51 M-726, 51 M-807.
WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that municipalities may pass by-laws with respect to jurisdiction over highways;
AND WHEREAS Section 31 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that municipalities may by by-law establish a highway;
AND WHEREAS Section 26 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
defines what constitutes a highway;
AND WHEREAS Council of the Township of Oro-Medonte deems it necessary to
assume and establish for use highways within the boundaries of the Township of Oro-
Medonte listed on Schedule 'A' attached hereto;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
THAT all highways listed in Schedule 'A' of this by-law are hereby assumed and
established for use as a public highway;
THAT the attached Schedule 'A' shall form part of this By-law;
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 12TH DAY OF NOVEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 87 of 201
Agenda Item # 18a) - A By-law to Assume and Establish Highways Within the Townshi...
SCHEDULE `A' to BY-LAW NO. 2009-116
Assumed and Established for Use as a Public Highway:
Street Name I Plan I PIN
Northwood Court
Plan 51 M-633
58534-0134(LT)
Pineview Drive
Plan 51 M-633
58534-0135(LT)
Pineview Drive
Plan 51 M-676
58534-0199 LT)
White Pine Drive
Plan 51 M-676
58534-0200 LT)
Lauder Road
Plan 51 M-723
58536-0162 LT)
Maple Ridqe Road
Plan 51 M-726
58535-0159 LT)
Oak Ridqe Road
Plan 51 M-726
58535-0160(LT)
Hemlock Crescent
Plan 51 M-807
58534-0233(LT)
Page 88 of 201
Agenda Item # 18b) - A By-law to Repeal By-Law No. 2009-084, "A By-Law to Authori...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-147
A By-law to Repeal By-Law No. 2009-084
"A By-Law to Authorize the Execution of a Site Plan Control Agreement between
The Corporation of the Township of Oro-Medonte and
Montgomery William Childs, Tracey Elizabeth Childs
described as lands as follows:
West Half of lot 2, Concession 8, Oro, Except Part 1, 51 R-31876,
Oro-Medonte
Being all of PIN 58532-0015 (LT)
3193 Line 7 North
Roll # 4346-010-003-35400
Township of Oro-Medonte, County of Simcoe"
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township
as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 2009-062;
AND WHEREAS Council of the Township of Oro-Medonte did on the 29th day of June
2009, enact By-law No. 2009-084, A By-Law to Authorize the Execution of a Site Plan
Control Agreement between The Corporation of the Township of Oro-Medonte and
Montgomery William Childs, Tracey Elizabeth Childs;
AND WHEREAS the Site Plan Control Agreement was registered on title on July 28,
2009, receipted as SC754133;
AND WHEREAS Council of the Township of Oro-Medonte did on the 21St day of
October 2009 pass Motion No. CW091021-14 to withdraw the current Site Plan
Agreement;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That By-law No. 2009-084 be repealed in its entirety.
2. And That this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 28TH OF OCTOBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 89 of 201
Agenda Item # 18c) - Being a By-law to Authorize the Execution of a Subdivision A...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-151
Being a By-law to Authorize the Execution of a Subdivision Agreement between
the Corporation of the Township of Oro-Medonte and 2189952 Ontario Ltd.
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 Part of Lot 10,
Concession 10, Part 1 of 51 R-26822, save and except Part 1 of 51 R-33096, (Former
Township of Oro), being all of PIN # 58537-0088(LT), (known as the Houben
Subdivision), Township of Oro-Medonte, County of Simcoe;
NOW THEREFORE the Council of the Corporation 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 12TH DAY OF NOVEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
NOVEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 90 of 201
Agenda Item # 18c) - Being a By-law to Authorize the Execution of a Subdivision A...
v
41
*u
SUBDIVISION AGREEMENT
- between -
2189952 ONTARIO LIMITED
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
PLAN OF SUBDIVISION OF PART OF LOT 10, CONCESSION 10, PART 1 OF 51R-
26822, SAVE AND EXCEPT PART 1 51R-33096, TOWNSHIP OF ORO-MEDONTE
(GEOGRAPHIC TOWNSHIP OF ORO), COUNTY OF SIMCOE.
BEING ALL OF PIN # 58537-0088(LT)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
November 12th, 2009
By-Law No. 2009-151
Page 91 of 201
Agenda Item # 18c) - Being a By-law to Authorize the Execution of a Subdivision A...
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 for Phase 1
Schedule "E"
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 "K" -
Master Monitoring Document
Schedule "L"
Standard Township Letter of Credit
2
Page 92 of 201
Agenda Item # 18c) - Being a By-law to Authorize the Execution of a Subdivision A...
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the day of November, 2009.
BETWEEN: 2189952 ONTARIO LIMITED
(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 (43T-94003) 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:
Page 93 of 201
Agenda Item # 18c) - Being a By-law to Authorize the Execution of a Subdivision A...
PART -1
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 To prepare designs in accordance with the Township of Oro-
Medonte Engineering Standards and Drawings (dated October,
1997).
1.1.2 To prepare and furnish all required drawings and specifications.
1.1.3 To prepare the necessary contract(s) and provide contract
administration.
1.1.4 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.
1.1.5 To act as the Developer's representative in all matters pertaining to
the subdivision.
1.1.6 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.
1.1.7 To provide supervision during construction of all the services.
1.1.8 To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
1.1.9 To maintain records of construction which shall be available for
inspection or copy by the Township.
1.1.10 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 CD ROM or DVD.
Two copies of each Plan of Subdivision are required on separate
disks.
Each disk must be labeled identifying the legal property description,
developer's name, file name, and date delivered.
PKZIP Release 2.04G or higher 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.
Page 94 of 201
Agenda Item # 18c) - Being a By-law to Authorize the Execution of a Subdivision A...
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.
LAYER/LEVEL I PLAN OF SUB
LINE TYPE I CONTINUOUS
COLOUR I 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.
LAYER/LEVEL 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.
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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:
Brenda Houben
912 Old Barrie Road East
RR2 Hawkestone Ontario
LOL 1T0
Or by Facsimile Transmission to: (705) 487-7013
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 Planning
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.
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1.8 EASEMENTS
The Developer agrees to grant, at his expense, all such easements and
rights-of-ways as may be required for the installation and supply of services to the
subdivision and to deed lands to the Township, as set out in Schedule "G". The
Developer also agrees to certify good title to easements and right-of-ways by the
Developer's solicitor. Prior to executing this Agreement, all known easements
shall be filed with the Township in a form approved by the Township's solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this
Agreement.
1.9 HYDRO 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
arrangements 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, renters and lessees
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
transported to/accommodated in temporary facilities out of the neighbourhood
schools' area.
This clause is to be placed in any Offer or 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 if required 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 "Houben Subdivision, Township of
Oro-Medonte, Stormwater Management Report, Addendum #2, Revised
Stormwater Management Facility Layout" dated January 2008, Revised March
2008 prepared by C.C. Tatham & Associates Ltd. Accepted for construction by
Township Engineer on April 11, 2008 and approved with Ministry of Environment
Certificate of Approval #4900-7E5HAZ, June 9, 2008.
1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses 1.1.11, 1.1.12 and Note 1.1, 1.8,
1. 10, 1. 11, 1. 12, 1.13, 5.5, 5.7.2, 7.3, 7.9, 7.16, 8.1, 8.1.1, 8.1.3 to 8.1.4, 8.2, 8.3,
8.4, 8.5, 9.8 and Schedules "E" and "F", to each prospective purchaser of a lot(s).
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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.
1.16 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
1.17 INDIGENOUS VEGATED SCREEN
The Developer agrees to retain or if necessary introduce an indigenous vegated
screen along the southerly boundary and westerly edges of Block 27, to function
as a visual buffer between the subdivision and the Knox Presbyterian Church and
cemetery.
1.18 FIRE PROTECTION
In lieu of the dedication of Block 34 for Fire Protection purposes which is not
required due to the close proximity of the existing fire reservoir in the Sprucewood
Estates subdivision, the Developer agrees to pay 50% of the costs associated
with the construction of the existing fire reservoir located in the Sprucewood
Estates subdivision.
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PART-2
THE LANDS. PLANS AND REPRESENTATIONS
2.1 SCOPE OF AGREEMENT
DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in Schedule "A"
hereto.
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, may necessitate a
change in the provisions of this Agreement.
CONFORMITY WITH AGREEMENT
The Developer agrees to satisfy all the requirements, financial and otherwise, of
the Township concerning the provision of roads; the installation of services and
drainage.
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 listed in Schedule "C" of this Agreement, along
with the "Houben Subdivision, Township of Oro-Medonte, Stormwater
Management Report, Addendum #2, Revised Stormwater Management
Facility Layout" dated January 2008, Revised March 2008 prepared by
C.C. Tatham & Associates Ltd..
Drawina No. Descriotion
See Schedule "C" attached hereto
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1 Ministry of the Environment
2.4.3.2 Electrical Distribution Utility
2.4.3.3 Township of Oro-Medonte
2.4.3.4 County of Simcoe
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.
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2.5 RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that:
2.5.1 It has made representation to the Township that it will complete all
Municipal and other works required herein, in accordance with the Plans
filed and accepted by the Township and others, and;
2.5.2 The Township has entered into this Agreement in reliance upon those
representations.
2.6 SCHEDULES ATTACHED
The following Schedules are attached to and form part of this Agreement:
Schedule "A"
Schedule "B"
Schedule "C" -
Schedule "D" -
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H" -
Schedule "I"
Schedule "J" -
Schedule "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 for Phase 1 & 2
List of Lots 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
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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 Mortaaae/Charoe - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash DeDOSitS. Development Charges and Securitv - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D", "F" and "H".
3.1.5 Construction/Enaineerino 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 Consultina Enoineer'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, 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 'Wand 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
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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 County of Simcoe
3.1.11.5 Ministry of Citizenship, Culture and Recreation
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 Communitv Mail Boxes - file with the Township, a Plan showing the
location of, and access to, community mail boxes.
3.1.14 Molars - provide for registration, Mylars of all Plans incorporated into
this Agreement as Schedules.
3.1.15 Fire Chief Aooroval - 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
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PART - 4
PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.1 Plan Recistration
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:
the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Electrical and Telephone;
iv) the road plans and profiles.
4.1.3 Certificate of Aooroval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Works, and detention facilities.
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 Schedulina 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 Stormwater Manaaement
A stormwater management report shall be prepared by the Developer's
Engineer for approval by the Township Engineer which details the means
whereby stormwater drainage will be accommodated and how erosion and
siltation will be contained on site both during and following construction.
This report must deal with post development stormwater quality and shall
conform to Ministry of Environment Interim Stormwater Quality Guidelines.
13
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4.1.7 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 there from.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineer, the County
of Simcoe Engineer, and the Ministry of the Environment. 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. The Plan must deal with post
development stormwater quality and shall conform to the Ministry of
Environment/Ministry of Natural Resources Interim Stormwater Quality
Guidelines. 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
County Engineer. The Developer agrees to maintain all erosion and
siltation control devices in good repair during construction.
The Developer shall ensure that any environmental protection measures
recommended in the Storm Water Management Plan are implemented.
The Plan shall provide for the designation of a site supervisor whose
primary function is to ensure that the recommendations of the Plan are
implemented. The Developer shall also ensure that a work activity log is
maintained to record the dates and descriptions of work activities and site
inspections. Inspections shall occur on a regular basis and must occur
after significant storm events, until rehabilitation is complete.
4.1.8 Signs
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).
4.1.9 Notification of Commencement and Comoletion
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 phases 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;
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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;
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
Give notice to the Developer to stop work on the municipal services and
inform the Developer that the Township proposes to realize on its security
and proceed with the completion of construction in accordance with the
provisions of the Plans filed with the Township.
4.2 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.
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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) are 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 gEVJ~OeMEyT CHARGES. REAL PROPERTY TAXES AND OTHER LEVIES
MP ST
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.
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.
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Before the Plan is approved, the Developer agrees to commute and pay
the Township's share of any charges made under the Drainaoe 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 "L" 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 "D" 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.
Notwithstanding the provisions of subparagraphs (a) and (b) above, the
estimated cost of the works, as set out in Schedule "D", 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 "D" 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 "D" 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 orice.
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d) Annlication - 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.
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) Exceedino 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) Surolus 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 parry 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 estimate will be
released upon satisfactory assurance to the Township that
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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 Occupancv and Lot Gradino Deoosit - the Developer or Individual Lot
Owner 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 an 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/Environmental Impairment - 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:
(1) 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.
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5.10.4 Certificate of Coveraae -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 Pavment - 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 Policv 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.
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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%a) 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 percent (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 substantially completed (underground) 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.
The subdivision is to be developed in the following Phases:
Phase 1 Lots 10 to 20 Plan 51 M-
Phase 2 Lots 1 to 9 & 21 to 25 Plan 51 M-
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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 shall preserve all healthy trees within the limits of the
subdivision, where possible. If, in the opinion of the Township Engineer,
indiscriminate removal of trees takes place within the limits of the Plan of
Subdivision, including road allowances, parkland, and individual lots, the
Township shall have the option of having a Stop Work Order on
construction of the services and/or building on a particular lot where the
removal is taking place. Work will not be allowed to proceed until the
Township is satisfied that the practice will not continue and the
Developer/Builder agrees to carry out remedial work requested by the
Township. The Developer agrees to provide a copy of this clause to each
and every prospective builder/prospective purchaser.
7.3.2 The Developer shall prepare and implement a vegetation plan/tree
planting plan that outlines where and how the vegetation buffer will be
enhanced with trees and shrub plantings. In addition, the tree planting
plan shall require planting of up to three 2.4 metre or taller hardwood trees
on those lots not having any tree cover.
7.3.3 Prior to grading of any lot or the Township giving its release for
registration, the Developer shall prepare a tree saving plan for the lot to
the satisfaction of the Township.
7.3.4 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.
7.3.5 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 as
determined by the Township.
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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.
7.5 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall
obtain from the Township Engineer or Township Public Works Official, written
permission for carrying out the blasting operation, and shall obtain the blasting
permit and show proof of insurance for all damage or claims for damage resulting
from the blasting operation. The Developer, in any event, shall be responsible for
any such claims.
7.6 ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable
to the Township Engineer and Township Public Works Official during the time of
construction, including dust control and the removal of any mud or debris tracked
from the subdivision, and no roadway outside the limits of the proposed
subdivision may be closed without the written consent of the Township Public
Works Official. For the purpose of getting such consent, the Developer shall
advise the Township Public Works Official and the Township Clerk of the date
and time they wish to close a roadway. The Township reserves the right to limit
or prohibit the use of any existing access road by the Developer.
7.7 DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road, road
allowance or existing structure or plant located on the road allowance as a result
of the subdivision development and shall pay for any costs involved in the
relocation of existing services, such as hydrants, telephone poles, etc., which
may become necessary because of the development of the subdivision. In this
regard, the Developer's Engineer shall arrange for an inspection with the
Township Public Works Official and Township Engineer for the purpose of
compiling an inventory of existing conditions prior to work on the subdivision.
Otherwise, the Township Public Works Official's assessment of conditions prior to
construction will be final.
7.8 DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground
Works) has been issued, the Developer shall apply calcium or other Ministry of
the Environment approved dust suppressant 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
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to each and every builder obtaining a Building Permit for any lot or part of a lot on
the said Plan of Subdivision.
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
Prior to the approval of the underground services, the Developer shall
provide the Township Engineer with an undertaking for the completion dates of all
remaining works required by this Agreement and in a form similar to that attached
to this Agreement as Schedule "I", the Declaration of Progress and Completion,
for approval of the Township Engineer. The Township reserves the right to alter
the completion dates as it sees fit and the Developer agrees to complete the
services.
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.
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
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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 the detention pond 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:
1. 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 Lot Grading Plan LG-1 to LG-3 prepared
by C.C. Tatham & Associates Ltd., and approved by the Township Engineer and
the Township. Some fill and regrading of lots may be necessary 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.
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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 446 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 Storm Drainage Plan STM-1 prepared
by C.C. Tatham & Associates Ltd., and approved by the Township Engineer and
the Township.
7.17 PARKLAND WORKS
All parkland works indicated on the Park development plan 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 detention pond), underground electrical distribution
system, and street lighting serving the Plan of Subdivision, as more
particularly described in Schedule "C" to this Subdivision Agreement.
(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
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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.
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.
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PART-8
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE
The Developer further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building Permit for any
part or portion of the said lands or on any lot therein, and no Building Permit shall
be issued until a Sewage System Permit approval has been received for the land
in question.
The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township, and the Township Engineer. 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 supply.
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.
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g) the Professional Engineer will be required, prior to the issuance
of a Final Inspection Report, to certify to the Township, in writing,
that the foregoing works have been carried out in accordance
with the approved Plans noted above.
8.1.2 The Developer further agrees to construct all works required under
Clause 7.16, and as shown on the approved Overall Lot Grading Plan LG-
1 to LG-3, Storm Drainage Plan STM-1, and Siltation and Erosion Control
Plan SC-1, all prepared by C.C. Tatham & Associates Ltd., to the
satisfaction of the Township and the Township Engineer.
8.1.3 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 developer acknowledges and agrees that final approval or registration of the
Plan by the Township or the acceptance by the Township of the works set out in
this Agreement shall not be deemed to give any assurance that 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:
Sewage system 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 have 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 or
Electricity 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.
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The individual Lot Development Plan must be approved by the Township
Engineer prior to the issuance of a Building Permit. A copy of the receipt
showing payment to the Township must be provided to the Township
Engineer prior to the review of the plan.
(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.
(xi) The Traffic and Street Name signs have been installed and approved by
the Township Engineer.
(xi) Any Development Charges have been paid, in full, in accordance with the
applicable Development Charge By-Laws, enacted pursuant to the
Development Charges 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 aforementioned 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.
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(iii) A Certificate Letter and individual Lot Development Plan
have 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.
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
Engineering Standard.
(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
have 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.
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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.
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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 $50.001hr.
Labour $23.00/hr.
Mixed Sand and Salt $12.00/m3
Payroll Burden 41%
Administration - 7%
G.S.T. 5%
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.
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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 surface waters upon and from the
said lands shall remain the sole responsibility of the Developer and the subsequent
owners, from time to time, of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from the said lands in accordance with the provisions of
Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.16 to each and every prospective
builder/prospective purchaser of a lot or block within the Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within the Plan
of Subdivision upon which the Township elects to enter for the purpose of rectifying
the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a
result of the Township or of its servants or agents entering upon the lands for the
purpose of correcting drainage problems. The cost of such work will be for the
account of the Developer and/or subsequent lot owner. Any invoices not paid within
thirty (30) days after due date, shall be added to the tax roll and collected in a like
manner as realty taxes as per Section 446 of the Municipal Act. 2001.
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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 enure 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 446 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 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
K.S. Hughes
Title Mavor
Per
J. Douglas Irwin
Title Clerk
2189952 ONTARIO LTD.
Per - Z'
~Breouben
Title fR ")",7
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SCHEDULE"A"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
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:
Part of Lot 10, Concession 10, being Part 1, Plan 51 R-26822, save and except Part 1 of
51 R-33096, being all of PIN # 5837-0088 (LT), Township of Oro-Medonte, County of
Simcoe
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SCHEDULE"B"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
Phase 1 11 Lots (Lots 10 to 20)
Phase 2 14 Lots (Lots 1 to 9 and 21 to 25)
PLAN OF SUBDIVISION
51-M
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SCHEDULE"C"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, watermains and appurtenances,
including service connections, all road works, including roadside ditches in accordance
with the approved Engineering Drawings to service the Houben subdivision in the
Township of Oro-Medonte.
LIST OF DRAWINGS
C.C. TATHAM & ASSOCIATES LTD. (CONTRACT NO. 97088)
LEGAL PLAN 51 M-
GENERAL PLANS
General Servicing Plan 97088-GS-1
Storm Drainaae
Storm Drainage Plan 97088-STM-1
Siltation and Erosion Control
Siltation and Erosion Control 97088-SC-1
OVERALL LOT GRADING PLANS
Overall Lot Grading Plan 97088-LG-1
Overall Lot Grading Plan 97088-LG-2
Overall Lot Grading Plan and SWM Pond Details 97088-LG-3
PLAN AND PROFILE DRAWINGS
Houben Crescent Plan and Profile STA. 0+000 to STA. 0+240
97088-PP-1
Houben Crescent Plan and Profile STA. 0+240 to STA. 0+460
97088-PP-2
Houben Crescent Plan and Profile STA. 0+460 to STA. 0+621.8
97088-PP-3
Key Court Plan and Profile STA. 0+000to STA. 0+189.56
97088-PP-4
Drainage Easement Plan and Profile STA. 0+00 to STA 0+204.86
97088-PP-5
Park Development Plan
97088-PD-1
Details and Notes
97088-D-1
Details and Notes
97088-D-2
Details and Notes
97088-D-3
Hydro One Drawing - Hydro Servicing Plan (by Others)
00340-05-099
Bell Design Superimposed on Hydro One Plan (by Others)
NOTE: the aforementioned drawings were stamped "Accepted for Construction" by the
Township Engineer October 22, 2007.
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SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE.
WORKS FOR PHASE 1
The following list summarizes the cost estimate of the major works, but is not
necessarily inclusive:
Ori inal Remaining Completed
Outstandina Work
Work
A)
Roadway construction complete including
clearing and grubbing, excavation,
granular road base materials, concrete
curb and gutter, and two lifts of
asphalt
$161,749.10 $42,475.00 $119,274.10
B)
Storm Drainage works complete, including
culverts, detention pond, including filling on
adjacent lands, topsoil, seed and mulch,
sod, ditching rear yard swale at lots 1 to 5
ditching on Line 9 (Phase 2) and siltation
and erosion control devices
$118,747.50 $28,658.75 $90,088.75
C)
Miscellaneous items such as regulatory
signs, bollards, fencing, steel beam guide
rails, mailbox layby, marker posts. Park
sign and dead end barricades
$32,315.00 $32,315.00 $0.00
D)
Electrical Supply including street lights and
transformers
$15,000.00 $15,000.00 $0.00
SUB-TOTAL
$327,811.60
$118,448.75
$209,362.85
E) 10% Allowance for Engineering and
Supervision
$32,781.16
$11,844.88
$20,936.29
TOTAL
$360,592.76
$130,293.63
$230,299.14
5% GST
$18,029.64
$6,514.68
$11,514.96
TOTAL COST
$378,622.40
$136,808.31
$241,814.09
LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT
Remaining Outstanding Work $136,808.31
10% of Completed Work $24,181.41
SECURITIES RETAINED BY TOWNSHIP $160,989.72
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SCHEDULE"E"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
LIST OF LOTS REQUIRING SPECIAL ATTENTION,
Lots 15 and 16 require filling in area adjacent to Stormwater Management Pond; and no
opening in house is to be below 321.38 elevation (Regional Storm Level plus 0.3m).
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SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
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 the Township of Oro-Medonte's By-
Law 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 also 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; for the Simcoe County District School Board, the Superintendent
of Facility Services; and in the case of the County of Simcoe, the County Clerk.
Also, please be advised that the above-referenced By-Laws enacted pursuant to the
Development Charaes 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.
(iv) Development Charges in accordance with the County of Simcoe's By-law at the
rate applicable, upon the issuance of the first building permit for each lot upon which
charges are payable.
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SCHEDULE"G"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and
the cost of preparation, execution and registration thereof, shall be borne by the
Developer.
All documents to be registered shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
DEDICATION TO TOWNSHIP
Block26 - Stormwater Management Pond
Block28 - 7.Om wide Drainage Block
Block 29 - 3.Om Road Widening
Block 34 -Parkland (former Fire Reservoir Block)
0.3m Reserves - Blocks 30 to 32, inclusive
EASEMENTS IN FAVOUR OF TOWNSHIP
3.Om wide Drainage Easement - along north limit of Lots 1 to 5
7.Om wide Drainage Easement - split between Lots 24 and 25; and Lots 18 and 19
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SCHEDULE"H"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
PARKLAND
Block 34 on Plan 51 M-
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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 2189952 ONTARIO LTD.
The Developer(s) dated
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
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;
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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;
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.
2189952 ONTARIO LTD.
Seal or Witness Date
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SCHEDULE "J"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
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.
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SCHEDULE"K"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND 2189952 ONTARIO LTD.
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.: AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform
Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No.
UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2X0
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
up to an aggregate amount of
which is available on demand.
Pursuant to the request of our said customer, we, the Bank of
Ontario, hereby establish and
give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be
drawn on by you at any time and from time to time, upon written demand for payment made
upon us by you which demand we shall honour without enquiring whether you have the right as
between yourself and our said customer to make such demand and without recognizing any
claim of our said customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of
the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of
, Ontario, . The Letter of Credit, we
understand, relates to a Subdivision Agreement between our said customer and the Corporation
of the Township of Oro-Medonte, with Mortaaae Comoanv, as a third party, regarding
subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in
writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-
Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of
Credit will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the
condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to
be automatically extended without amendment from year to year, from the present or any future
expiration date hereof, unless at least thirty (30) days prior to the present, or any future
expiration date, we notify you in writing by registered mail that we elect not to consider this Letter
of Credit to be renewable for any additional period.
Dated at , Ontario, this day of 20 .
Authorized Signature Authorized Signature
Bank of
47
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Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-152
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
1737126 Ontario Inc.
described as lands as follows:
8976 Highway 12
Parts of South Half of Lot 1, Concession 1, former Township of Orillia,
Part 2 Plan 51 R-19372;
Township of Oro-Medonte, County of Simcoe
PIN 58531-0316(LT)
Roll# 4346-030-010-00800
Township of Oro-Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township
as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 2009-062;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 12TH OF NOVEMBER, 2009
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
NOVEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 138 of 201
Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
1737126 ONATRIO INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Parts of South Half of Lot 1, Concession 1, former Township of Orillia,
Part 2 Plan 51 R-19372
8976 Highway 12
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
PIN# 58531 - 0316 (LT)
November 12th , 2009
By-Law No. 2009-152
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Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Section 1
Covenants by the Owner
Section 2
Covenants by the Township
Section 3
Development Restrictions
Section 4
Development Changes
Section 5
Security
Section 6
Compliance
Section 7
Co-operation
Section 8
Binding Effect
Section 9
Severability of Clauses
Section 10
Save Harmless
SCHEDULES
Schedule "A"
Legal Description of Lands
Schedule "B"
Site Plan
Schedule "C"
Deeds and Easements to be Conveyed
Schedule "D"
Itemized Estimate of Cost of Construction
z
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Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 12th day of November 2009, in
accordance with Section 41 of the Plannina Act.
BETWEEN: 1737126 ONTARIO INC.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the
construction of a commercial building for office space and warehouse storage on lands
described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area"
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as follows:
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1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall take
priority over any subsequent registrations against the title to the subject lands.
C) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its solicitor, engineer, planner and staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and
agrees that the Owner shall be responsible for the cost of performance of all the
Owner's obligations hereunder, unless the context otherwise requires. 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 specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
N/A. The Owner shall replenish the refundable deposit, to its full amount, when the
expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owner's solicitor that the Transfer/Deeds and Easements shall
provide the Township with good title, free and clear from all encumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township/Ministry of the Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to the construction of a commercial
building for office space and warehouse storage as described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all relevant
Municipal By-laws and Provincial Statutes and Regulations, the Owner may
proceed to develop the subject lands, as indicated on the Site Plan attached hereto
as Schedule "B", subject to the development restrictions contained herein.
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Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
a) Site Plan
The use and development of the subject lands shall be in accordance with and as
set out on the Site Plan, attached hereto as Schedule "B".
b) Lighting
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use and/or roadway, not to cause interference in any
way.
C) Parkina Areas and Drivewavs
All parking areas and driveways shall be constructed in conformity with Sections
5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code
Regulation #419/86, and such parking areas, loading, and access areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storaae
No outside storage shall be permitted between any buildings on the premises and
any street. Any other outside storage shall be contained in the fenced compound,
as identified on Schedule "B".
e) Garbaae Storaae
The Owner agrees to provide suitable storage areas for garbage and waste, as
shown on the Site Plan. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
Garbaae Collection
The Owner acknowledges and agrees that any Industrial, Commercial and
Institutional (I. C. & 1) and multi-unit locations (six (6) units and over) will not
receive curb side waste collection services from the County of Simcoe. Each 1. C.
& I location and multi-unit residential location will be responsible for their own
garbage and recycling disposal.
g) Landscaoina,
The Owner shall complete all landscaping and landscaped areas shown on the
Site Plan, attached as Schedule "B", as soon as weather permits, and all grading
and sodding required, according to any Engineering drawings submitted, shall be
done on all lawn areas.
h) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
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Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
i) Access Easement
Prior to applying for a Zoning Certificate or Building Permit, the Owner shall obtain
written approval from the Ministry of Transportation and register an easement for
access over the abutting property to the north, 8980 Highway 12.
j) Drainaae Easement
Prior to applying for a Zoning Certificate or Building Permit, the Owner shall register
an easement for drainage in favour of the lands listed in Schedule 'A' over the
abutting property to the north, 8980 Highway 12.
k) Phasina of Development
At this time, the Owner is only seeking to construct the building, as shown on the
Site Plan, closest to Highway 12. The second building, to the rear of the property,
represents a second phase of development. An amendment to this agreement shall
be required prior to applying for a Zoning Certificate or Building Permit for any other
buildings or structures on the property.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved by all
parties. It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township,
to cover the faithful performance of the obligations of the Owner arising under this
Agreement, including but not limited to the construction of the works and services identified
in Schedule "D" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said
work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the
requirements of Schedule "E", with an automatic renewal clause in the amount of
one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and shall
be renewed automatically, as necessary, thirty (30) days prior to expiration.
C) The Township reserves the right to accept or reject any of these alternative methods
of providing securities. Prior to depositing the securities, the Owner'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 "D" of this
Agreement and will become the basis for the limits of the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security for
any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the foregoing,
payment of engineering, legal, planning or other costs incurred by the Township,
which are the responsibility of the Owner, under the terms of this Agreement.
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Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title of
the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A", attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, 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.
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Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
the
Township of Oro-Medonte
per:
H.S. Hughes, Mayor
J. Douglas Irwin, Clerk
Owner: The Hans Meyer
1737126 Ontario of Inc.
Signing Corporation Authority for
Page 146 of 201
Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
SCHEDULE"A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1737126 Ontario Inc.
LEGAL DESCRIPTION OF LANDS
Parts of South Half of Lot 1, Concession 1, former Township of Orillia,
Part 2 Plan 51 R-19372
8976 Highway 12
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
PIN# 58531 - 0316 (LT)
Page 147 of 201
Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1737126 Ontario Inc.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
to
Page 148 of 201
Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1737126 Ontario Inc.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
11
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Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and 1737126 Ontario Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
N/A
2. LETTERS OF CREDIT AMOUNT
Letter of Credit to be provided by the Owner N/A
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
12
Page 150 of 201
Agenda Item # 18e) - Being a By-law to Remove the Holding Symbol Applying to Land...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-153
Being a By-law to remove the Holding symbol applying to lands located at
8976 Highway 12
Parts of South Half of Lot 1, Concession 1, former Township of Orillia,
Part 2 Plan 51 R-19372;
Township of Oro-Medonte, County of Simcoe
PIN 58531-0316 (LT) Roll# 4346-030-010-00800 (Meyer)
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is
empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the
Planning Act, R.S.O. 1990, c.P.13.
AND WHEREAS Council deems it appropriate to remove the Holding provision applying
to the subject lands;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1.Schedule 'A19', to Zoning By-law No. 97-95 as amended, is hereby further
amended by removing the Holding provision applying to lands known as
"8976 Highway 12, Parts of South Half of Lot 1, Concession 1, former
Township of Orillia, Part 2 Plan 51 R-19372; Township of Oro-Medonte,
County of Simcoe being PIN 58531-0316 (LT) Roll# 4346-030-010-00800"
as shown on Schedule 'A' attached hereto and forming part of this By-law.
2. This By-law shall come into effect upon the date of passage hereof, subject
to the provisions of the Planning Act, as amended.
BY-LAW READ A FIRST AND SECOND TIME THIS 12TH DAY OF NOVEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
NOVEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 151 of 201
Agenda Item # 18e) - Being a By-law to Remove the Holding Symbol Applying to Land...
Schedule 'A' to By-Law
No. 2009-153
This is Schedule 'A' to By-Law 2009-153
passed the day of November, 2009.
--_oRSES~I~ IE~VALLLYL 0
z,IORSER DRIVE
rJ
z
Mayor
Clerk
H.S. Hughes
J. Douglas Irwin
TOWNSHIP OF ORO-ME®ONTE
Page 152 of 201
Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-156
Being a By-law to Repeal By-law 2008-106 and Authorize the Execution of a
Subdivision Agreement
between
The Corporation of the Township of Oro-Medonte
and
Moss Development Ltd.
described as lands as follows:
Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance
Between Lots 11 & 'A', Concession 2 as closed by By-law Oro18994 being Part 2,
51 R-2282, except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T/W R0487177,
being all of PIN #58544-0140 (Lt) Township of Oro-Medonte (Geographic
Township of Oro), County of Simcoe
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 Part of Lot 11,
Concession 2 E. P. R. and Part of the Original Road Allowance Between Lots 11 & 'A',
Concession 2 as closed by By-law Oro 18994 being Part 2, 51 R-2282, except Parts 1, 2,
51 R-26026 and Part 1, 51 R-35600, TAN R0487177, being all of PIN #58544-0140 (Lt)
Township of Oro-Medonte (Geographic Township of Oro), County of Simcoe - Roll #
4346-010-1-16000-0000.
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 12TH DAY OF NOVEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
NOVEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 153 of 201
Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
SUBDIVISION AGREEMENT
- between -
MOSS DEVELOPMENT LTD.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of Lot 11, Concession 2 E. P. R. and
Part of the Original Road Allowance Between Lots 11 &'A',
Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282,
except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T/W/ R0487177,
being all of PIN #58544-0140 (Lt)
Geographic Township of Oro
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
November 2009
By-Law No. 2009-156
/public works/2008 subdivision agreements/standard subdivision agreement
Page 154 of 201
Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
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 "K" -
Standard Township Letter of Credit
2
Page 155 of 201
Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the day of November , 2009.
BETWEEN: Moss Development Ltd.
(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-OM-91050) 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:
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Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
PART - 1
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 To prepare designs in accordance with the Township of Oro-
Medonte Engineering Standards and Drawings (dated October,
1997).
1.1.2 To prepare and furnish all required drawings and specifications.
1.1.3 To prepare the necessary contract(s) and provide contract
administration.
1.1.4 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.
1.1.5 To act as the Developer's representative in all matters pertaining to
the subdivision.
1.1.6 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.
1.1.7 To provide supervision during construction of all the services.
1.1.8 To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
1.1.9 To maintain records of construction, which shall be available for
inspection or copy by the Township.
1.1.10 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.
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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.
LAYER/LEVEL I PLAN OF SUB
LINE TYPE I CONTINUOUS
COLOUR I 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.
LAYER/LEVEL I PL LT TEXT
FONT I MONOTEXT
COLOUR I 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.
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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:
Moss Development Ltd
c/o Roy Murad - President
7822 Yonge Street
Toronto ON
M2P 2B8
Or by Facsimile Transmission to: 416-224-5450
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 Plannina
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.
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1.8 EASEMENTS
The Developer agrees to grant, at his expense, all such easements and
rights-of-ways as may be required for the installation and supply of services to the
subdivision and to deed lands to the Township, as set out in Schedule "G". The
Developer also agrees to certify good title to easements and right-of-ways by the
Developer's solicitor. Prior to executing this Agreement, all known easements
shall be filed with the Township in a form approved by the Township's solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this
Agreement.
1.9 ELECTRICITY AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered into a satisfactory
agreement(s) with them with respect to the costs of installing underground wiring
and financial contributions in this regard.
The cost of any relocations or revisions to existing private companies' plant and
equipment, which are necessary to accommodate this subdivision, shall be borne
by the Developer.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Developer agrees to advise all prospective purchasers that there are no
schools planned within this subdivision, or within walking distance of it, and that
enrolment within the designated Public and Catholic school sites in the
community is not guaranteed, and that pupils may be accommodated in
temporary facilities out of the neighbourhood schools' area.
This clause is to be placed in any Agreement of Purchase and Sale entered into
with respect to any lots on this Plan of Subdivision. The clause should remain in
perpetuity as lots may not be sold or built upon for some time.
1.11 CANADA POST
The Developer agrees to construct, if required, 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 Soils and Groundwater Inventory
prepared by Skelton Brumwell dated 1989 and the Well Evaluation and
Development Impact Study prepared by Wilson Associates dated 1992.
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).
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.
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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.
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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 listed in Schedule "C" of this Agreement, along
with the Storm Water Management Report prepared by ConSALtech
Engineering Solutions dated May 2008 revision date June 2008:
Drawina No. Description
Cover Sheet and General Notes
M-Plan
R-Plan
STM-1
Pre-Development Storm Drainage
STM-2
Post-Development Storm Drainage
SSC-1
Storm Sewer Catchment Plan
CUP-1
Composite Utility Plan
PND-1
Stormwater Management Plan -West Pond
PND-2
Stormwater Management Plan -East Pond
L-1
Stormwater Pond Landscape Plan -West Pond
L-2
Stormwater Pond Landscape Plan - East Pond
L-3
Landscape Details
LG-1
Lot Grading Plan - West Half
LG-2
Lot Grading Plan -East Half
P-1
Plan and Profile - Caldwell Drive
(STA. 0+000 to 0+350)
P-2
Plan and Profile - Caldwell Drive
(STA 0+350 to 0+700)
P-3
Plan and Profile - Line 1 North (STA 0+000
to 0+260)
P-4
Plan and Profile - South Limit of Block 26
ESP-1
Erosion and Sediment Control Plan
FWR-1
Fire Water Reservoir
SD-1
Standard Details
SD-2
Standard Details
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2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1
Ministry of the Environment
2.4.3.2
Electrical Distribution Utility
2.4.3.3
Township of Oro-Medonte
2.4.3.4
Ministry of Natural Resources
2.4.3.5
County of Simcoe
2.4.3.6
Ministry of Transportation
2.4.3.7
NVCA
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" -
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
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 "K" -
Standard Township Letter of Credit
2.7 SUBDIVISION CHANGES
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.
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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 Mortoaae/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits. Development Charaes and Securitv - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D" and "F".
3.1.5 Construction/Enaineerina 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 Consulting Enaineer'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.
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3. 1.11 AAPDrovals - obtain and file with the Township, confirmation approvals
from the following:
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
Ministry of Natural Resources
3.1.11.5
County of Simcoe
3.1.11.6
Ministry of Transportation
3.1.11.7
Nottawasaga Valley Conservation Authority
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 ADDroval - 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.
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PART-4
PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.1 Plan Reaistration
Obtain final approval of the Plan from the Township of Oro-Medonte and
obtain registration of the Plan.
4.1.2 ADDroval 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:
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 ADDroval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Sewer Works, waterworks and detention facilities
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 Schedulina 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 there from.
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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 Sians
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 ComDletion
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.
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4.1.9 Permit To Take Water
The Owner/Operator of the well and storage tanks shall obtain a Permit to
Take Water from the Ministry of Environment, should water taking in
excess of 50,000 L/day (10,000 gal/day) be required on the fire protection
block
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.
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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 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 5000.00), 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 (Aboveground 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.
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C) Before the Plan is approved, the Developer agrees to commute and pay
the Township's share of any charges made under the Drainaae Act and
the Municipal Act. 2001. S.O. 2001. c.25 at present serving this property
and assessed against it.
These charges are set out in Schedule "F" of this Agreement.
NOTE: In addition to the Municipal Development Charges, the lots may be
subject to County development charges and applicable
development charges of any Public Utility.
5.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer will deposit with the
Treasurer of the Township to cover the faithful performance of the contract for the
installation of the said services and the payment of all obligations arising
thereunder, the following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost
of the said work as approved by the Township Engineer and Township
Council: or
b) An irrevocable Letter of Credit from a Chartered Bank, issued in
accordance with the requirements of Schedule "K" with an automatic
renewal clause, in the amount of one hundred percent (100%) of the
estimated costs of the said works, as set out in Schedule "D" 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; or
c) An irrevocable Letter of Credit from a Chartered Bank, issued in
accordance with the requirements of Schedule "K" with an automatic
renewal clause, in the amount of One Hundred and Fifty Thousand Dollars
($150,000.00). 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. In addition, the Developer irrevocably
agrees that the security currently held by the Township, in the amount of
Twenty Thousand Dollars ($20,000.00), in respect to the pre-servicing
agreement shall also stand as security for the faithful performance of
Developer's obligations under this Agreement and shall be held, applied
and released in the same manner and on the same terms as the letter of
credit referred to above. In addition to the security referred to in this
subsection 5.6(c) above, as security for the sum of One Hundred and Sixty
Two Thousand Dollars ($162,000.00), contemporaneously with the
registration of this Agreement on title to the said lands, the Developer shall
convey to the Township, without the payment of any consideration
whatsoever, the lands shown as Block 27 on the draft plan of subdivision
set forth on Schedule "B" (the "Block 27 Lands"), free and clear of all
encumbrances. The Developer shall also provide to the Township's
solicitor the certification required pursuant to Section 1.7 herein in respect
to the Block 27 Lands. The Township agrees to hold the Block 27 Lands
as security for the faithful performance by the Developer of its obligations
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hereunder. In the event of a default pursuant to the terms of this
Agreement, the Block 27 Lands shall become the property of the Township
absolutely and the Township shall be entitled to deal with the Block 27
Lands in any manner it deems appropriate. In the event there has been no
default pursuant to the terms of this Agreement and the Developer is
entitled to the return of its securities, the Township shall reconvey the
Block 27 Lands to the Developer, free and clear of all encumbrances.
d) Notwithstanding the provisions of subparagraphs (a), (b) and (c) above,
the estimated cost of the works, as set out in Schedule "D", 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 "D" 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 "D" 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.
e) AAPDlication - 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.
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.
g) Exceedina 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.
h) 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
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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.
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.
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%))
or the reconveyance of the Block 27 Lands provided however there shall be
no reduction of the Letter of Credit or the cash held by the Township until
such time as the Block 27 Lands have been reconveyed to the Developer
and the securities obligation has been reduced to an amount that is less than
One Hundred and Seventy Thousand Dollars ($170,000.00). For greater
certainty, the parties acknowledge that the Block 27 Lands shall be held as
security for the first $162,000.00 of services or works performed by the
Developer. 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
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 Occuoancv and Lot Gradina Deoosit - 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
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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 Liability/Environmental Impairment 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:
(1) 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.
5.10.4 Certificate of Coveraae - 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 Pavment - 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 Policv 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.
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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.
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PART-7
CONSTRUCTION REQUIREMENTS
7.1 WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "C" to this Agreement. This
Schedule is to set out the works in general terms only and shall not be construed
as covering all items in detail.
The works are to be designed and constructed in accordance with the current
Engineering Standards adopted by By-Law by the Township at the time of signing
of the Subdivision Agreement. A copy of these standards is available at the
Municipal Office.
If at any time, and from time to time during the development of the subdivision,
the Township Engineer is of the opinion that additional works are necessary to
provide adequately any of the public services required by the Plan, the Developer
shall construct, install or perform such additional works at the request of the
Township Engineer.
7.2 CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause to be
constructed, all requisite works in order to provide services to the lots and
buildings blocks within the Phase.
7.3 PRESERVATION AND PLANTING OF TREES
7.3.1 The Developer must preserve all healthy trees within the limits of the
subdivision, where possible. If, in the opinion of the Township Engineer,
indiscriminate removal of trees takes place within the limits of the Plan of
Subdivision, including road allowances, parkland, and individual lots, the
Township shall have the option of having a Stop Work Order on
construction of the services and/or building on a particular lot where the
removal is taking place. Work will not be allowed to proceed until the
Township is satisfied that the practice will not continue and the
Developer/Builder agrees to carry out remedial work requested by the
Township. The Developer agrees to provide a copy of this clause to each
and every prospective builder/prospective purchaser.
7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a
minimum of 50 mm caliper on each lot having less than three (3) trees in
the front yard(s), if required by the Township. The type of trees must be
satisfactory to the Township.
7.3.3 In addition, the Developer shall plant trees with the above specifications at
15 metre intervals around the perimeter of the park, if one is to be located
within the plan, in areas where there is not a sufficient growth of trees.
7.4 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump, nor permit to be
dumped, any fill or debris on, nor shall he remove or permit to be removed, any
fill, topsoil, trees or shrubs from any public or Municipal lands, without the written
consent of the Township Engineer.
7.5 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall
obtain from the Township Engineer or Township Public Works Official, written
permission for carrying out the blasting operation, and shall obtain the blasting
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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 PLANTS
The Developer shall repair any damages caused to an existing road, road
allowance or existing structure or plants 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.
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
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operations by verbal notice to the contractor and/or the Developer's Engineer,
such notice to be confirmed, in writing, as soon as possible, thereafter. A copy of
this clause shall be delivered by the Developer to each and every contractor
engaged in construction of services for the subdivision.
7.11 DECLARATION OF PROGRESS AND COMPLETION
7.11.1 Prior to the approval of the underground services, the Developer shall
provide the Township Engineer with an undertaking for the completion
dates of all remaining works required by this Agreement and in a form
similar to that attached to this Agreement as Schedule "I", the Declaration
of Progress and Completion, for approval of the Township Engineer. The
Township reserves the right to alter the completion dates as it sees fit and
the Developer agrees to complete the services.
7.11.2 It is understood and agreed that should the Developer fail to construct
the remaining services, as stipulated, and by such dates as provided in
the Declaration, the Developer shall pay to the Township, as pre-
determined liquidated damages, the sum of FIFTY DOLLARS ($50.00) for
each and every day the said services are behind schedule of construction,
and NO FURTHER BUILDING PERMITS SHALL BE ISSUED.
7.12 PROGRESS OF WORKS
After the completion of the underground services, the Developer shall complete
the Declaration of Progress and Completion for the approval of the Township
Engineer and from that date, the said Declaration shall apply and take
precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and
Completion, the Developer shall install all works in accordance with the Schedule
of Works or as directed by the Township Engineer. If he fails to adhere to the
scheduling provisions outlined in the Schedule of Works or the Declaration, or
having commenced to install the aforesaid works, fails or neglects to proceed with
reasonable speed, or in the event that the aforesaid works are not being installed
in the manner required by the Township Engineer, then upon the Township
Engineer giving seven (7) days written notice by prepaid registered mail to the
Developer, the Township Engineer may, without further notice, enter upon the
said land and proceed to supply all materials and to do all necessary works in
connection with the installation of the said works, including the repair or
reconstruction of faulty work and the replacement of materials not in accordance
with the specifications, and to charge the costs thereof, together with an
engineering fee of ten percent (10%) of the cost of such materials and works to
the Developer who shall forthwith pay the same upon demand. If the Developer
fails to pay the Township within thirty (30) days of the date on the bill, the money
owing may be deducted from the cash deposit or Letters of Credit. It is
understood and agreed between the parties hereto that such entry upon the land
shall be as agent for the Developer, and shall not be deemed for any purpose
whatsoever, as an acceptance or assumption of the said works by the Township.
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, sewer system, detention pond
and waterworks 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
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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:
1. 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 Dwg. LG-1 and LG-2
prepared by the Developer's Engineer, and approved by the Township Engineer
and the Township of Oro-Medonte. Some fill and regrading of lots may be
necessary 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
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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 STM-1 and STM-2
prepared by the Developer's Engineer, and approved by the Township Engineer
and the Township of Oro-Medonte.
7.17 DEFINITIONS
For the purposes of this Subdivision Agreement
The term "Underground Services" shall mean the storm drainage works
(including culverts, storm sewer and detention pond), waterworks,
underground electrical distribution system, and street lighting serving the Plan
of Subdivision, as more particularly described in Schedule "C" to this
Subdivision Agreement.
(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.
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(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.
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PART-8
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE
The Developer further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building Permit for any
part or portion of the said lands or on any lot therein, and no Building Permit shall
be issued until a Sewage System Permit approval has been received for the land
in question.
The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township of Oro-Medonte and the Township Engineer, as a
further requirement to Clause 7.16. The Plan shall include the following:
a) envelopes for the proposed house and any adjacent structures on each lot.
b) an envelope showing the location, size and elevation of the subsurface
sewage system on each lot and all pertinent engineering design criteria.
c) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
d) existing and proposed grades on lot 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.
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The Developer further agrees to construct all works required under Clause 7.16,
and as shown on the approved General Location and Lot Grading Plan LG-1 and
LG-2, Storm Drainage Area Plan STM-1 and STM-2 and Erosion Control Plan
ESP-1, all prepared by ConSALtech Engineering Solutions 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 and Waterworks have 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 Traffic and Street Name signs have been installed and approved by
the Township Engineer.
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(xi) Any development charges have been paid, in full, in accordance with the
applicable development charge By-Laws, enacted pursuant to the
Development Charaes 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.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued
when all outstanding items on a Provisional Certificate of
Occupancy, including grading, have been completed.
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(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.
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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.
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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 $40.00/hr.
Labour $20.00/hr.
Mixed Sand and Salt $12.00/m3
Payroll Burden -41%
Administration - 7%
G.S.T. - 5%
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.
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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 surface waters upon and from the
said lands shall remain the sole responsibility of the Developer and the subsequent
owners, from time to time, of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from the said lands in accordance with the provisions of
Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.16 to each and every prospective
builder/prospective purchaser of a lot or block within the Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within the Plan of
Subdivision upon which the Township elects to enter for the purpose of rectifying the
said work, hereby agrees to indemnify and release the Township from and against
all claims, demands, actions or causes of action whatsoever arising as a result of the
Township or of its servants or agents entering upon the lands for the purpose of
correcting drainage problems. The cost of such work will be for the account of the
Developer and/or subsequent lot owner. Any invoices not paid within thirty (30) days
after due date, shall be added to the tax roll and collected in a like manner as realty
taxes as per Section 427 of the Municipal Act. 2001.
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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 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
H. S. Hughes
Title Mavor
Per
J. Douglas Irwin
Title Clerk
MOSS DEVELOPMENT LTD.
Per
Title
Per
Title
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SCHEDULE"A"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MOSS DEVELOPMENT LTD.
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:
Part of Lot 11, Concession 2 E. P. R. and Part of the Original Road Allowance Between
Lots 11 & 'A', Concession 2 as closed by By-law Oro18994 being Part 2, 51 R-2282,
except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T/W R0487177, being all of PIN
#58544-0140 (Lt) Township of Oro-Medonte (Geographic Township of Oro), County of
Simcoe
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SCHEDULE"B"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MOSS DEVELOPMENT LTD.
PLAN OF SUBDIVISION
51-M
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SCHEDULE"C"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MOSS DEVELOPMENT LTD.
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, stormwater management facilities, fire water
reservoir, all road works including curbs, gutters and roadside ditches in accordance with the
approved Engineering Drawings to service the Country Lane Estates subdivision in the
Township of Oro-Medonte.
LIST OF DRAWINGS
COVER AND NOTES
LEGAL PLANS
M-Plan 51 M-
R-Plan
STORM DRAINAGE PLANS
STM-1 Pre-Development Storm Drainage
STM-2 Post Development Storm Drainage
SSC-1 Storm Sewer Catchment Plan
COMPOSITE UTILITY PLANS
CUP-1 Composite Utility Plan
STORMWATER MANAGEMENT PONDS
PND-1 Stormwater Management Plan - West Pond
PND-1 Stormwater Management Plan - East Pond
L-1 Stormwater Pond Landscape Plan - West Pond
L-2 Stormwater Pond Landscape Plan - East Pond
L-3 Landscape Details
LOT GRADING PLANS
LG-1 Lot Grading Plan - West Half
LG-2 Lot Grading Plan - East Half
PLAN AND PROFILE DRAWINGS
P-1 Plan and Profile - Caldwell Dr. ( Sta 0+000 to 0+350)
P-2 Plan and Profile - Caldwell Dr. ( Sta 0+350 to 0+700)
P-3 Plan and Profile - Line 1 North. ( Sta 0+000 to 0+260)
P-4 Plan and Profile - South Limit of Block 26
SILTRATION AND EROSION CONTROL
ESP-1 Erosion and Sediment Control Plan
FIRE PROTECTION
FWR-1 Fire Water Reservoir
DESIGN STANDARDS DRAWINGS
SD-1 Standard Details
SD-2 Standard Details
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SCHEDULE"D"
NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between
the TOWNSHIP OF ORO-MEDONTE AND MOSS DEVELOPMENT LTD.
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:
ORIGINAL
REMAINING
COMPLETED
OUTSTANDING
WORK
WORK
A) Roadway construction completed
including clearing and grubbing,
$ 361,657.50
$ 101,175.00
$ 260,482.50
excavation, granular road base materials,
concrete curb and spillways and two lifts
of asphalt
B) Storm Drainage works complete,
$ 241,062.65
$61,927.40
$ 179,135.25
including storm sewers, ditch inlet
catchbasins, culverts, detention pond,
topsoil, seed and mulch, sod, ditching and
siltation, and erosion control devices
C) Fire Water Reservoir including pre-cast
$ 35,570.00
$ 34,370.00
$ 1200.00
tanks, valves, well and controls
D) Miscellaneous items such as street
name and regulatory signs.
$ 40,000.00
$ 13,970.00
$ 26,030.00
E) Electrical supply, including street
lights, control panels and duct crossings
$ 35,000.00
$ 35,000.00
$ 0.00
SUB-TOTAL
$713,290.15
$246,442.40
$466,847.75
F) 10% ALLOWANCE FOR ENGINEERING
& SUPERVISION $
713,239.02 $
24,644.24 $ 46,684.78
TOTAL $784,619.17
$271,086.64
$513,532.53
5% G.S.T. $ 39,230.96
$ 13,554.33
$ 25,676.63
TOTAL COST $823,850.12
$284,640.97
$539,209.15
LETTER OF CREDIT RETAINED
REMAINING OUTSTANDING WORK $ 284,640.97
10% OF COMPLETED WORK $ 53,920.92
RETAINED BY TOWNSHIP $ 338,561.89
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SCHEDULE"E"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MOSS DEVELOPMENT LTD.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
AND/OR LIST OF LOTS REQUIRING SPECIAL ATTENTION
Lot 1 - Requires the demolition and removal of the existing barn prior to construction of
a single detached dwelling
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SCHEDULE "F"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MOSS DEVELOPMENT LTD.
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, County of Simcoe, County Clerk.
Also, please be advised that the above-referenced By-Laws enacted pursuant to the
Development Charaes 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.
(iv) Development Charges in accordance with the County of Simcoe's By-law at the
rate applicable, upon the issuance of the first building permit for each lot upon which
charges are payable.
41
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Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
SCHEDULE"G"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MOSS DEVELOPMENT LTD.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and
the cost of preparation, execution and registration thereof, shall be borne by the
Developer.
All documents to be registered, shall be prior approved by the solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
Block 21 - 3.0 metre road widening
Block 23 - 5.0 metre road widening
Blocks 22 and 26 -Stormwater Management Ponds
Block 25 - Fire Protection Block
Block 30 - 5.Om road widening
2.0 STORM EASEMENTS
6.0 metre easement being Parts 1-6 51 R- over Lots 16-20
3.0 HYDRO EASEMENTS
0.7 metre easement being Parts 1 & 2 51 R-
over Lots 2 & 3
0.7 metre easement being Parts 1 & 2 51 R-
over Lots 6 & 7
0.7 metre easement being Parts 1 & 2 51 R-
over Lots 11 & 12
0.7 metre easement being Parts 1 & 2 51 R-
over Lots 15 & 16
0.7 metre easement being Parts 1 & 2 51 R-
over Lots 19 & 20
4.0 LANDS TO BE CONVEYED TO THE MINISTRY OF TRANSPORTATION
Block 28 - 5.0 metre road widening
5.0 LANDS TO BE CONVEYED TO THE NOTTAWASAGA VALLEY
CONSERVATION AUTHORITY
Block 24 - Environmental Protection Block
Block 29 - Environmental Protection Block
6.0 LAND TO BE CONVEYED TO THE TOWNSHIP AS SECURITY
Block 27
42
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Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
SCHEDULE"H"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MOSS DEVELOPMENT LTD.
PARKLAND
Cash-in-lieu-of $ 28,000
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Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
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 MOSS DEVELOPMENT LTD.
The Developer(s) dated
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;
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Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
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;
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.
DEVELOPER
Seal or Witness Date
45
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Agenda Item # 18f) - Being a By-law to Repeal By-law 2008-106 and Authorize the E...
SCHEDULE "J"
NOTE: It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND MOSS DEVELOPMENT LTD.
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.
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SCHEDULE"K"
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK
LETTER OF CREDIT NO.: AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform
Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No
UCP 500.
TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2X0
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
up to an aggregate amount of
which is available on demand.
Pursuant to the request of our said customer, we, the Bank of
Ontario, hereby establish and
give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be
drawn on by you at any time and from time to time, upon written demand for payment made
upon us by you which demand we shall honour without enquiring whether you have the right as
between yourself and our said customer to make such demand and without recognizing any
claim of our said customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of
the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of
Ontario, . The Letter of Credit, we
understand, relates to a Subdivision Agreement between our said customer and the Corporation
of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding
subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in
writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-
Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of
Credit will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the
condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to
be automatically extended without amendment from year to year, from the present or any future
expiration date hereof, unless at least thirty (30) days prior to the present, or any future
expiration date, we notify you in writing by registered mail that we elect not to consider this Letter
of Credit to be renewable for any additional period.
Dated at Ontario, this day of 20
Authorized Signature Authorized Signature
Bank of
5964025.3
47
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Agenda Item # 19a) - Being a By-Law to Confirm the Proceedings of the Council Mee...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-150
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
COUNCIL MEETING HELD ON THURSDAY, NOVEMBER 12, 2009
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 Thursday,
November 12, 2009, 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 12th DAY OF NOVEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 12th DAY OF
NOVEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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