12 09 2009 Council AgendaTHE TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, DECEMBER 9, 2009
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 Special Council meeting held on November 25, 2009 at 1:00 p.m.
b) Minutes of Special Council meeting held on November 25, 2009 at 5:00 p.m.
c) Minutes of Council meeting held on November 25, 2009 at 7:00 p.m.
7. RECOGNITION OF ACHIEVEMENTS:
None.
8. PUBLIC MEETINGS:
None.
9. DEPUTATIONS:
None.
10. REPORTS OF MUNICIPAL OFFICERS:
5-6 a) Richard Playfair, Director of Fire and Emergency Services, re: Volunteer Fire
Fighter Insurance [to be distributed at meeting].
7-10 b) Report No. DS 2009-75, Andria Leigh, Director of Development Services, re:
2063334 Ontario Inc. (Homire) -Subdivision Agreement, Part of Lot 5,
Concession 14, RP 51 R-23534, Parts 1 to 5, (Medonte) [Refer to Item 18e)].
Page 1 of 128
Page
Council Meeting Agenda - December 9, 2009.
11. REPORTS OF MEMBERS OF COUNCIL:
a) Mayor H.S. Hughes, re: Vision for Growth: Georgian Valley Project.
b) Councillor Coutanche, re: Media Coverage.
[Addenda]
12. REPORTS OF COMMITTEES:
a) Minutes of Committee of the Whole meeting held on December 2, 2009.
13.
CONSENT AGENDA:
11-12
a)
Minutes of Oro-Medonte History Association meeting held on November 26,
2009.
Staff Recommendation: Receipt.
13-21
b)
Minutes of Nottawasaga Valley Conservation Authority meeting held on
October 9, 2009 and board highlights of November 27, 2009 meeting.
Staff Recommendation: Receipt.
22-24
c)
Minutes of Ontario's Lake Country meeting of November 25, 2009.
Staff Recommendation: Receipt.
25-34
d)
Minutes of Lake Simcoe Region Conservation Authority meeting held on
October 23, 2009 and board highlights of meeting held on November 27,
2009.
Staff Recommendation: Receipt.
14.
COMMUNICATIONS:
35
a)
Correspondence from George Anderson dated November 30, 2009 re: Speed
Limit Reduction Request and Signage Request, Line 13 North between Old
Barrie Road and the Bass Lake Sideroad.
36
b)
Correspondence received December 2, 2009 from Paul Strachan, on behalf of
the Rugby Community Hall Board, re: Request to Sell 2010 Rugby Community
Hall Calendars.
37
c)
Correspondence received December 3, 2009 from Oleg Bourlatski, 1698176
Ontario Inc., re: Project Hwy. 11 at Line 7.
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
Page 2 of 128
Page
Council Meeting Agenda - December 9, 2009.
17. IN-CAMERA ITEMS:
c) Robin Dunn, Chief Administrative Officer, re: Legal Matter (Lake Simcoe
Regional Airport).
d) Deputy Mayor Hough, re: Legal Matter (Horseshoe Valley Paintball).
[Addenda]
18. BY-LAWS
38-41 a) By-Law No. 2009-167 Being a By-law to Authorize the Execution of a Tax
Arrears Extension Agreement.
42-55 b) By-Law No. 2009-168 A By-Law of the Corporation of the Township of
Oro-Medonte to Authorize the Borrowing Upon
Amortizing Debentures in the Principal Amount of
$1,500,000 towards the cost of the Road
Improvements.
56 c) By-Law No. 2009-170 Being a By-Law to Repeal By-Law No. 2008-114
"A By-law to Appoint a Deputy Treasurer".
57-68 d) By-Law No. 2009-172 A By-law to Authorize the Execution of a Site Plan
Control Agreement between The Corporation of the
Township of Oro-Medonte and Bryan Andre Keene,
Anna Keene described as lands as follows: Part
West '/2 Lot 24, Concession 8, former Township of
Oro, Part 1 Plan 51 R-36459 PIN# 58559-0357 (LT)
Roll# 4346-010-009-0915 Township of Oro-
Medonte, County of Simcoe.
69-119 e)
By-Law No. 2009-174 Being a By-law to Authorize the Execution of a
Subdivision Agreement between the Corporation of
the Township of Oro-Medonte and 2063334 Ontario
Inc.
120-123 f)
By-Law No. 2009-175 Being a By-law to Authorize the Execution of an
Agreement for Fire Dispatch Services between the
Township of Oro-Medonte and the City of Orillia and
to Repeal By-Law No. 2005-041.
124-127 g)
By-Law No. 2009-176 Being a By-law to Authorize the Execution of an
Agreement between the Township of Oro-Medonte
and the City of Orillia for the Provision of 9-1-1
Central Emergency Reporting Bureau (CERB)
Services and to Repeal By-Law No. 2007-027.
19.
CONFIRMATION BY-LAW
128 a)
By-Law No. 2009-169 Being a By-Law to Confirm the Proceedings of the
Council Meeting Held on Wednesday, December 9,
2009.
Page 3 of 128
Page
Council Meeting Agenda - December 9, 2009.
20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM
21. ANNOUNCEMENTS
22. ADJOURNMENT
a) Motion for Adjournment.
Page 4 of 128
Agenda Item # 10a) - Richard Playfair, Director of Fire and Emergency Services, r...
MEMORANDUM
To: Mayor and Members of Council
Twrtsl - of
Proud Heritage, Exciting Future
cc: Richard Playfair, Fire Chief; R. Dunn CAO
From: Hugh Murray; Deputy Fire Chief R.M. File
Date: December 7, 2009
Roll
Subject: Firefighters Insurance
The Township of Oro-Medonte purchases a Life and Disability insurance plan for the volunteer
firefighters. Under this plan the firefighters receive coverage for Accidental Death and
Dismemberment as well as Short and Long Term Disability.
The plan also includes a "top up" portion to make up for any differences should they be on a Worker's
Safety and Insurance Board [WSIB] claim. The plan also has an optional Off Duty program which the
firefighters can participate, which the majority of our firefighters do.
The current plan is through Volunteer Firemen's Insurance Services[VFIS] which is under written by
Chartis Insurance Company of Canada formerly American Home Assurance Company. The renewal
of our current plan came in at $11,825.00; with the optional coverage for the firefighters at a cost of
$112.00 single or family $175 plus PST.
We received information from the McKee Employee Benefits Administration Ltd. [MEGA] representing
the Provident Agency which is also large provider of insurance for volunteer firefighters. Provident is
under written by Chubb Insurance Company of Canada also a large insurance provider.
We asked MEBA to provide a quote giving us the same coverage or better and received back from
them a quote $9,346.00, again with the optional Off Duty coverage for the firefighters. The Off Duty
rate quote is equal to VFIS at 112.00 for single and $175.00 for family coverage.
By switching to the Provident Plan there would be an annual savings of $2,479.00 while still providing
the firefighters with the same level of coverage.
The cost of the optional coverage is borne by the individual firefighter should they choose to
purchase.
Page 5 of 128
Agenda Item # 10a) - Richard Playfair, Director of Fire and Emergency Services, r...
In summary we would like to pursue the insurance plan proposal submitted by McKee Employee
Benefits Administration Ltd. [MEBA]
Respectful Submitted
Hugh Murray
Deputy Fire Chief
-2-
Page 6 of 128
Agenda Item # 10b) - Report No. DS 2009-75, Andria Leigh, Director of
Development...
REPORT .
Proud Hu.-itage, _x11ra,:,~_, F,;;aare
Report No.
To:
Prepared By:
DS 2009-075
Glenn White, Manager of
Council
Planning Services
Meeting Date:
Subject:
Motion #
December 9, 2009
2063334 Ontario Inc. (Homire) -
Roll
Subdivision Agreement, Part of
R.M.S. File
434602000414300
Lot 5, Concession 14, RP 51 R-
D12-05050
23534, Parts 1 to 5, (Medonte)
I RECOMMENDATION(S): Requires Action 1K For Information Only
It is recommended:
1. THAT Report No. DS 2009-075 be received and adopted;
2. THAT the Township of Oro-Medonte enters into a Subdivision Agreement with 2063334
Ontario Inc.;
3. THAT the Clerk bring forward the appropriate By-law for Council's consideration to enter into
a Subdivision Agreement with 2063334 Ontario Inc.; and
4. THAT the owner be notified of Council's decision.
I BACKGROUND:
2063334 Ontario Inc. is proposing a twenty eight (28) lot residential development located
southwest of Warminster Sideroad and Town Line.
I ANALYSIS:
1
2063334 Ontario Inc. entered into a pre-servicing agreement with the Township to start
construction of the municipal services within their development and posted securities in the
amount of $ 20,000.00.
The Developer has completed satisfied draft plan conditions, and clearance letters have been
received from all required agencies.
The Township engineering consultant (AECOM) approved the engineering drawings for the draft
plan of subdivision in June 2009. The Ministry of the Environment (MOE) has issued the
Certificate of Approval for the construction of the stormwater management works.
DEVELOPMENT SERVICES Meeting Date December 9, 2009
Report No. DS 2009-075 Page 1 of 4
Page 7 of 128
Agenda Item # 10b) - Report No. DS 2009-75, Andria Leigh, Director of
Development...
The Developer has supplied the Township with the securities to ensure the completion of the
municipal services.
FINANCIAL:
N/A
POLICIES/LEGISLATION:
Planning Act
CONSULTATIONS:
Township staff
AECOM
2063334 Ontario Inc. - Galen Lam
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 2063334
Ontario Inc. (Homire).
Respectfully submitted:
Glenn White, MCIP, RPP
Manager of Planning Services
DEVELOPMENT SERVICES Meeting Date December 9, 2009
Report No. DS 2009-075 Page 2 of 4
Page 8 of 128
Agenda Item # 10b) - Report No. DS 2009-75, Andria Leigh, Director of
Development...
ATTACHMENT 1: LOCATION MAP
z
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DEVELOPMENT SERVICES Meeting Date December 9, 2009
Report No. DS 2009-075 Page 3 of 4
Page 9 of 128
Agenda Item # 10b) - Report No. DS 2009-75, Andria Leigh, Director of
Development...
ATTACHMENT 2: BY-LAW AND SUBDIVISION AGREEMENT
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-174
Being a By-law to Authorize the Execution of a Subdivision Agreement between the
Corporation of the Township of Oro-Medonte and 2063334 Ontario Inc.
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 5,
Concession 14, PCL 5-2, SEC 51-MED-14; PT LT 5 CON 14 MEDONTE, PTS 1,2,3,4 &
5, 51 R23534; S/T ME13739, (Former Township of Medonte), being all of PIN # 58530-
0119 (LT), (known as the Homire 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:
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 a DAY OF DECEMBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF DECEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
DEVELOPMENT SERVICES Meeting Date December 9, 2009
Report No. DS 2009-075 Page 4 of 4
Page 10 of 128
Agenda Item # 13a) - Minutes of Oro-Medonte History Association meeting held on N...
November 26, 2009
Oro-Medonte History Association Minutes
Attendance: Allan Howard, Chair; Geoffrey Booth, Vice-chair; Bruce Wiggins; Sheila
Kirkland
Absent: Jadeen Henderson, Margaret Prewer
Minutes of October 29, 2009 amended under section New Business #3 should read for
not fro. Geoff moved and Bruce seconded that the amended minutes be accepted. Passed
Old Business
1. Rail Trail: Geoff gave an update and they will meet again in February. Paul
Marshall is looking after the funding aspect and Geoff/Joanna McEwen are doing
the pictures and didactic.
• A problem with opening the pictures resulted in several emails back and forth
with Joanna. Allan suggested that all the pictures in our collection should be
scanned with a higher resolution, which we all agree with. Shawn Binns emailed
that the Township has a scanner that would be appropriate. Joanna volunteered to
help scan and catalogue all the pictures starting in the fall of 2010. The History
Association will start the process sooner and will assist her when she is able to
start.
2. Carley Hall: We will meet in January to go over the information needed to get
this process underway. Meeting is scheduled for January 25, 2010 at 6pm at the
Northway Restaurant.
3. Banners: #10ne banner to include pictures of African Church, St. Georges, St.
Thomas, and Knox along with the Township and History Association Logo's.
#2The second banner to be pictures of Lumber trade, tractors, train, and ice
harvest &/or early boating along with the Logo's. Allan will send the pictures to
Geoffrey to proof them.
4. Rita Whiston has again donated money to us from the sale of her African Church
pictures.
5. Guthrie and Clowes speaking engagements in February: Bruce and Geoff have
volunteered to take this on.
6. Portables at the S.C. Museum were all sold.
7. Shawn Binns forwarded an interim report of the 160'h Anniversary final budget
numbers.
Correspondence
1. Email from Shawn Binns: updating us on the action items from the last minutes.
2. Email regarding some outstanding bills for 160`b: dealt with prior to meeting.
3. Email from Geoff regarding the banners---see Old Business.
4. Several emails regarding the problem with the photos in our storage-see Old
Business.
5. Email from Shawn Binns regarding the 160`h budget break down.
6. Email from Geoffrey regarding possibility of OMHA posting a monthly column
focusing on area history in the Orillia Today/Barrie Advance-see New Business.
Page 11 of 128
Agenda Item # 13a) - Minutes of Oro-Medonte History Association meeting held on N...
New Business
1. Orillia Today/Barrie Advance possibility of doing a monthly column.
• 250 to 500 words (two pages double spaced)
• Pictures are always okay
• Usually paid to do this and all monies will go to the OMHA
• Geoff will get more information
• We will do on a rotating basis until next Fall when Geoff may be able to take
over doing it
• Everyone to send an article to Geoff for proofing
• Allan-St. Georges, Fairvalley
• Bruce-ice harvesting
• Sheila-Women's Institute in Simcoe County
• Jadeen-write up she did for Mayor Hughes on the African Church
2. Geoffrey gave a tour of the African Church-while there others dropped in
and had an impromptu tour-gave a book to a Minister from Stroud and his
family.
Next meeting is January 18, 2010 at 6pm at the Northway Restaurant.
Adjourned at 7:20pm.
Recording secretary: Sheila Kirkland
Page 12 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY
SA ` BOARD OF DIRECTORS MEETING 09109
Friday October 9, 2009-
l;* MINUTES
Location:Tiffin Centre for Conservation - John L. Jose Environmental Learning Centre
PRESENT:
Chair: Walter Benotto
Town of Shelburne
Vice Chair: Joan Sutherland
Town of New Tecumseth
MEMBERS:
Rick Archdekin
Town of Wasa a Beach
Ma Brett
Township of Adjala-Tosorontio
Orville Brown
Township of Clearview
Chris Carrier
Town of Collin wood
Mel Coutanche
Township of Oro-Medonte
Ter Dowdall
Township of Essa left at 11:43
Tom Elliott
Township of S rin water
Earl Hawkins
Township of Mulmur attended for Gord Montgomery)
Ralph Hough
Township of Oro-Medonte
John McKean
Town of the Blue Mountains
Fred Nix
Town of Mono
Cal Patterson
Town of Wasa a Beach
Gerald Poisson
City of Barrie
Ron Simpson
Town of Bradford West Gwillimbu
Bill Van Berkel
Town of Innisfil
Robert Walker
Township of Clearview
Bar Ward
City of Barrie
Percy Way
Township of Amaranth
REGRETS:
Re Cowan
Township of S rin water
Sonny Foley
Town of Collin wood
Ron Henderson
Township of Essa
Gar Matthews
Township of Melancthon
Rick Milne
Town of New Tecumseth
Gord Montgomery
Town of Mulmur
Brian Mullin
Municipality of the Grey Highlands
GUEST
John Cottrill, MNR Policy Advisory (arrived at 9:40 a.m.)
STAFF PRESENT:
CAOISecretary-Treasurer
Manager of Administration and Human Resources
Communications/Public Relations Assistant
Director of Land Operations & Stewardship Services
Manager of Stewardship Services
Director of Planning
Director of Engineering and Technical Services
Wayne Wilson
Susan Richards
Kim Garraway
Byron Wesson
Fred Dobbs
Chris Hibberd
Glenn Switzer
Page 13 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
BOARD OF DIRECTORS MINUTES MEETING No: 09-09 9 October, 2009 Page 2 of 8
1. CALL TO ORDER
Chair Benotto called the meeting to order at 900 a.m.
2. MOTION TO ADOPT AGENDA
RES#1 MOVED BY: Chris Carrier SECONDED BY: John McKean
RESOLVED THAT: The Agenda for Board of Directors Meeting #09/09 dated 9 October 2009,
be adopted.
Carried;
3. PECUNIARY INTEREST DECLARATION
None declared
4. MINUTES
4.1 Minutes of the Board of Directors Meeting 08109, dated 11 September, 2009.
RES#2 MOVED BY: Earl Hawkins SECONDED BY: Chris Carrier
RESOLVED THAT: The Minutes of the Board of Directors Meeting 08/09 dated
11 September, 2009 be approved.
Carried;
4.2 Draft Minutes of the Nottawasaga Valley Source Protection Authority 02/09 dated
11 September, 2009.
RES#3 MOVED BY: Percy Way SECONDED BY: Chris Carrier
RESOLVED THAT: The Minutes of the Nottawasaga Valley Source Protection Authority
02/09 dated 11 September, 2009 be received.
Carried;
4.3 Draft Minutes of the Executive Committee Meeting 11109, dated 25 September,
2009.
RES#4 MOVED BY: John McKean SECONDED BY: Chris Carrier
RESOLVED THAT: The Draft Minutes of the Executive Committee Meeting 11/09 dated 25
September, 2009 be received.
Carried;
5. BUSINESS ARISING FROM MINUTES
None noted.
6. REPORT OF THE DIRECTOR OF PLANNING
6.1 Permits for Ratification for the period Aug 17/09 to Sept 30/09
RES#5 MOVED BY: John McKean SECONDED BY: Percy Way
RESOLVED THAT: The Permits/Approvals issued by staff for the period Aug 17109 to Sept
30/09 be approved.
Carried;
Page 14 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
BOARD OF DIRECTORS MINUTES MEETING No: 09-09 9 October, 2009 Page 3 of 8
6.2 Draft NVCA-Municipal Streamlining Partnership Agreement for Plan Review and
Technical Clearance & Fee Collection between the Watershed Municipalities and
NVCA.
RES#6 MOVED BY: Percy Way SECONDED BY: John McKean
RESOLVED THAT: The Board of Directors support in principle the proposed draft NVCA
Municipal Streamlining staff report of the Director of Planning; and,
FURTHER THAT: The Board of Directors direct staff to circulate the Draft NVCA-Municipal
Streamlining Partnership Agreement to the watershed municipalities for their consideration.
Unanimously Carried;
7. REPORT OF THE MANAGER OF ADMINISTRATION AND HUMAN RESOURCES AND
THE COMMUNICATION/PR ASSISTANT
7.1 Communications Report for the month of September
RES#7 MOVED BY: John McKean SECONDED BY: Percy Way
RESOLVED THAT: The Communications report for the month of September 2009 be
received.
Carried;
8. REPORT OF THE CAO/SECRETARY-TREASURER AND THE MANAGER OF FINANCE
8.1 Financial Report - Statement of Operations Summary for the Period ending 31
August, 2009
RES#8 MOVED BY: Orville Brown SECONDED BY: Robert Walker
RESOLVED THAT: The Statement of Operations Summary for the Period ending 31 August,
2009 be received.
Carried;
9. REPORT OF THE CAO/SECRETARY TRESURER
9.1 Essa Dissolution Resolution update
*Note: This update was presented on the In-Camera Agenda. The Board of Directors brought
the update out of in-camera for open discussion. The Mayor of Essa, David Guergis withdrew
the dissolution resolution at the October 7/09 Essa Council meeting.
John Cottrill, Policy Advisor with MNR reviewed with the Board the procedure that would have
to be followed for the dissolution of a Conservation Authority.
Under the Conservation Authorities Act an individual municipality cannot dissolve a
Conservation Authority; it would require 213 of the membership supporting the dissolution.
Page 15 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
BOARD OF DIRECTORS MINUTES MEETING No: 09-09 9 October, 2009 Page 4 of 8
John Cottrill advised the Board of Directors that the Minster of Natural Resources must be
satisfied that there is a provision for programs to be continued and that the watershed as a
whole is being protected. In addition, the Minister of the Environment must also be satisfied
that the Source Water Protection initiative will be continued.
The question of a municipality's regulatory powers to enforce the Conservation Authorities Act
concluded that, where there is no Conservation Authority the enforcement would be done by
the Ministry of Natural Resource, Ministry of the Environment and the Department of Fisheries
and Oceans. It was noted that this could be a very lengthy application process and advised
that the municipalities should do their due diligence to explore the financial impacts this would
have on the municipalities.
Further discussion ensued regarding the dissolution of a Conservation Authority (CA), and the
redrawing of boundaries which was discussed at the mediation process. John Cottrill provided
some insight into what must be considered when dissolving a CA. Planning, implementing
programs, and the legal liability with dam structures and CA properties where the land has
been donated to the Authority, must all be considered as well as ensuring the continuity of
enforcement and services across the entire watershed to the satisfaction of MNR and MOE.
The Board of Directors thanked John Cottrill for attending and answering their questions.
RES#9 MOVED BY: Mary Brett SECONDED BY: Fred Nix
RESOLVED THAT: Staff bring back a report on;
• Describing what a third-party review of Planning would do
• What the impact of such a review was at the Town of Wasaga Beach
• What the cost and timelines of such a review would be; and,
• Any other relevant information.
Carried;
IN-CAMERA
RES#10 MOVED BY: Percy Way SECONDED BY: John McKean
RESOLVED THAT: This meeting of the Board of Directors No. 09-09 go "In-Camera" at 10:35
a.m. to address matters pertaining to:
• litigation or potential litigation, including matters before administrative tribunals,
affecting the Authority; and,
THAT: The following staff be in attendance: Wayne R. Wilson, B.Sc., Chief Administrative
Officer/Secretary Treasurer, Susan Richards, Manager of Administration and Human
Resources, Kim Garraway, Communications/PR Assistant, Byron Wesson, Director of Land
Operations and Stewardship Services, Fred Dobbs, Manager of Stewardship Services, Glenn
Switzer, Director of Engineering, Chris Hibberd, Director of Planning and Laurie Barron,
Executive Assistant/Recorder.
Carried;
Page 16 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
BOARD OF DIRECTORS MINUTES MEETING No: 09-09 9 October, 2009 Page 5 of 8
OUT OF IN-CAMERA
RES#11 MOVED BY: Robert Walker SECONDED BY: Orville Brown
RESOLVED THAT: This meeting of the Board of Directors Committee No. 09-09 come out of
"In-camera" at 11:00 a.m.
Carried;
RES#12 MOVED BY: CAL Patterson SECONDED BY: Chris Carrier
BE IT RESOLVED: That the NVCA Board Members support the continuation of the NVCA.
Recorded Vote:
IN FAVOUR
Chair Walter Benotto
Town of Shelburne
Vice Chair Joan Sutherland
Town of New Tecumseth
Rick Archdekin
Town of Wasaga Beach
Mary Brett
Township of Adjala-Tosorontio
Orville Brown
Township of Clearview
Chris Carrier
Town of Collingwood
Mel Coutanche
Township of Oro-Medonte
Terry Dowdall
Township of Essa
Tom Elliott
Township of Springwater
Earl Hawkins
Township of Mulmur
John McKean
Town of the Blue Mountains
Fred Nix
Town of Mono
Cal Patterson
Town of Wasaga Beach
Gerald Poisson
City of Barrie
Ron Simpson
Town of Bradford West Gwillimbury
Bill Van Berkel
Town of Innisfil
Robert Walker
Township of Clearview
Barry Ward
City of Barrie
Percy Way
Township of Amaranth
AGAINST
Ralph Hough
Township of Oro-Medonte
Of the 20 members present: 19 in favour, 1 against
10. REPORT OF THE CAOISECRETARY TREASURER
Carried;
10.1 Eight month (to August 31109) Statement of Operations Review
RES#13 MOVED BY: Mel Coutanche SECONDED BY: Rich Archdekin
RESOLVED THAT: Staff continue to implement the approved 2009 budget
constraint/contingency plan, and that staff continue to provide monthly statement of operations
updates to the Executive and Board of Directors.
Carried;
Page 17 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
BOARD OF DIRECTORS MINUTES MEETING No: 09-09 9 October, 2009 Page 6 of 8
10.2 2010 Budget Direction Background report.
Chair Benotto asked the Board members to advise what percentage increase they felt their
Council would consider for the 2010 NVCA budget.
The following are the responses:
%
Board Member
3
Chair Walter Benotto
Town of Shelburne
3
Vice Chair Joan Sutherland
Town of New Tecumseth
2
Rick Archdekin
Town of Wasa a Beach
1.8
Ma Brett
Township of Adjala-Tosorontio
2
Orville Brown
Township of Clearview
3
Chris Carrier
Town of Collin wood
1.5-2
Mel Coutanche
Township of Oro-Medonte
1.8
Ter Dowdall
Township of Essa
3
Tom Elliott
Township of Sprin water
2
Earl Hawkins
Township of Mulmur
2-3
John McKean
Town of the Blue Mountains
5
Fred Nix
Town of Mono
2
Cal Patterson
Town of Wasa a Beach
3
Gerald Poisson
City of Barrie
<4
Ron Simpson
Town of Bradford West Gwillimbu
2-3
Bill Van Berkel
Town of Innisfil
2
Robert Walker
Township of Clearview
3
Bar Ward
City of Barrie
2
Percy Way
Township of Amaranth
1.5-2
Ralph Hough
Township of Oro-Medonte
<less than
The Board members agreed that an average of these percentages should be used as a
guideline when developing the 2010 NVCA budget.
RES#14 MOVED BY: Rick Archdekin SECONDED BY: Mel Coutanche
RESOLVED THAT: The Board of Directors (BOD) receive the preliminary 2010 budget
direction document, including a summary of the 2010 budget pressures, for consideration;
and,
THAT: The Board of Directors provides the following budget direction:
• That the average recommended percentage that the board stated at the October 9/09
meeting be used as a guideline.
• That staff prepare a draft 2010 budget report including; assumptions, programs
adjustments and or new initiatives, and service impacts, with budget options and
recommendations to meet the BOD target increase, and
• That the Draft budget report be presented to the November 27th BOD meeting for
further direction, and that the Board provides any direction regarding user fee reduction
considerations.
Carried;
Page 18 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
BOARD OF DIRECTORS MINUTES MEETING No: 09-09 9 October, 2009 Page 7 of 8
10.3 Ora-Medonte Request to Reduce CA Jurisdiction
Wayne Wilson, CAO/Secretary-Treasurer provided an oral update regarding
meetings with staff at Oro-Medonte.
Oro-Medonte member Mel Coutanche provided CAO/Secretary-Treasurer
Wayne Wilson with a copy of the material from Robin Dunn GAO Oro-Medonte
regarding the background information for the NVCA - Severn Sound
Environmental Association (SEEA)Oro-Medonte Memorandum of Understanding
as requested earlier by NVCA Past Chair Fred Nix.
12. NEW BUSINESS
None noted
13. CORRESPONDENCE
(a) Grey Sauble Conservation dated Sept. 9/09 re: Letter sent to MOE Minister Gerretsen
regarding the Terms of Reference for Grey Sauble Source Protection Area.
(b) Credit Valley Conservation dated Sept. 14/09 re: Scattering of ashes and offerings on
water - questions for the province prepared by Credit Valley CA.
Ralph Hough member representing Oro-Medonte requested staff bring a report to the
NVCA Executive regarding the Credit Valley Conservation report as noted in (b) above.
(c) Friends of Utopia Gristmill and Park dated Sept. 15/09 re: letter sent to Mayor David
Guergis, Township of Essa in support of the NVCA.
(d) Correspondence to Township of Tiny from NVCA dated Sept. 15/09 re: update on
Nottawasaga Watershed Improvement Program (N-WIP).
(e) Correspondence to Department of Fisheries and Oceans from NVCA dated Sept. 21/09.
Re: response to Aug. 28/09 letter received regarding issues fundamental to the formal
agreements between CA's and the Ontario Great Lakes Area (OGLA) of Fisheries and
Oceans Canada (DFO).
(f) Email from Gary Christie, President, Nottawasaga Steelheaders dated October 1/09 re:
Affidavit of support for the NVCA on behalf of the Nottawasaga Steel headers.
(g) Thank you from LSRCA Chair Virginia Hackson and family for the donation sent from
NVCA Board members and staff to the Shriners Hospitals for Children in memory of her
husband John who passed away on August 24/09.
RES #15 MOVED BY: Mel Coutanche SECONDED BY: Rick Archdekin
RESOLVED THAT: Correspondence not specifically dealt with be placed on file.
Carried;
Page 19 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
BOARD OF DIRECTORS MINUTES MEETING No. 09-09 9 October, 2009 Page 8 of 8
RES #16 MOVED BY: Fred Nix SECONDED BY: Joan Sutherland
WHEREAS: Staff have been under intense pressure over the past few months; therefore,
BE IT RESOLVED: That this Board thanks staff for the professional manner in which they
have continued to carry out their duties and the exemplary manner in which they have handled
the pressures.
Carried;
14. PRESENTATION
Fisheries Habitat Management Program and Stewardship Services Program Update
Fred Dobbs, Manager of Stewardship Services provided a stewardship services program
update. The land and water stewardship program works in partnership with the community to
implement local projects that protect and restore our environment and help ensure the future
of our healthy waters through stewardship programs such as:
• Hands on field programs which provided for the coordination of projects designed to
improve water quality, enhance fish/wildlife habitat and restore stream/watershed
health
• Forestry programs provide profession tree planting, Arbour Day an Managed Forest
Plans
• The Healthy Waters programs include, Source Water Protection, Oak Ridges Moraine,
Ontario Wetland Care, Sturgeon - species at risk, Nottawasaga Watershed
Improvement Program, Community River Restoration, Grant Incentive/Education and
Outreach and the Fisheries Habitat Management Plan.
The NVCA Fisheries Habitat Management Plan provides a framework for the identification of
critical habitats to be protected through planning and regulations. The plan identifies key
habitat zones and stream reaches that are watershed priorities for restoration.
Most of the NVCA area can support coldwater stream habitats and should be management for
coldwater habitat restoration. The plan has identified coldwater fisheries habitat restoration as
a priority within the NVCA area.
FUTURE MEETINGS
EXECUTIVE COMMITTEE - October 23/09
BOARD OF DIRECTORS - November 27/09
UPCOMING EVENTS
NVCA EVENING OF THANKS (save this date)
Tuesday, November 3109 - 7:00 p.m. - John L. Jose Building
ADJOURN
RES #17 MOVED BY: Rick Archdekin SECONDED BY: Mel Coutanche
RESOLVED THAT: This meeting adjourn at 11:55 a.m. to meet again at the call of the Chair.
Carried;
Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO/Secretary-Treasurer
Dated this day of 2009
Page 20 of 128
Agenda Item # 13b) - Minutes of Nottawasaga Valley Conservation Authority meeting...
x{' NOTTAWASAGA VALLEY CONSERVATION AUTHORITY
MEETINGS HIGHLIGHTS
NVCA BOARD OF DIRECTORS MEETING -No. 90109 - November 27, 2009
BOARD WELCOMES NEW MEMBER FROM THE TOWNSHIP OF ORO-MEDONTE
Chair Benotto welcomed Mayor Harry Hughes from the Township of Oro-Medonte. Mayor Hughes is
replacing Coun. Mel Coutanche, who recently resigned from the NVCA Board of Directors.
DRAFT 2090 NVCA BUDGET PREPARED ASSUMING SAME BOUNDARY LINES FOR THE TOWNSHIP
OF ORO-MEDONTE
Staff from the NVCA and the Township of Oro-Medonte are still working on a joint staff report and
Memorandum of Understanding regarding the delivery of environmental services in the Severn Sound
portion of the township. Therefore the Board of Directors voted in favour of preparing a draft 2010 NVCA
budget which assumes the same service delivery programs in the township as in 2009. Should there be
budget implications once the MOU is completed and approved, the NVCA Board of Directors will decide
how to adjust that year's budget to reflect the changes.
DRAFT 2090 BUDGET APPROVED FOR CIRCULATION TO MEMBER MUNICIPALITIES
The Board of Directors voted to circulate the draft 2010 budget to member municipalties for approval.
The draft budget totals $3,866,772.05 and has an average 3% general levy increase over 2009.
Staff's preliminary budget report identified approximately $300,000 in budget pressures, primarily made
up of $200,000 in planning revenue shortfall and other cost of living expenses. This would have been
equivalent to a 7% to 9% levy increase. Staff were able to lower the general levy percentage by:
- Reducing planning operation costs by $80,000
- Leaving 2 staff positions vacant for 2010 (a second Senior Planner and one Water Resource
Engineer)
- Utilizing $43,000 of reserves, as was done in 2009.
Members will vote on the budget at the February 12th, 2010 Board of Directors meeting.
NVCA TO UNDERTAKE AN INDEPENDENT THIRD PARTY REVIEW OF PLANNING SERVICES
A consultant will be hired to complete a review of NVCA planning services by August 31St, 2010. The report
will include an analysis of fees, timelines, practices and procedures, a comparison with adjacent
conservation authorities, staff capacity, client assessments and recommendations for improved
effectiveness and efficiency.
Future Meetings and Events For more information contact:
Board meeting 11109 - Dec. 11 Wayne Wilson
Nottawasaga Valley Source Protection Authority meeting 03109 - Dec. 11 CAO/Secretary-Treasurer
Executive Committee 15/09 - Dec. 18 (705) 424-1479, ext. 225
2010 Annual Meeting - Jan. 8, 2010 wwilson6 nvca.on.ca
Page 21 of 128
Agenda Item # 13c) - Minutes of Ontario's Lake Country meeting of November 25, 20...
t o
I,a
ry
for all seasons
Orillia • Oro-Medonte • Rama • Ramara • Severn
Board Meeting MINUTES-November 25, 2009
DATE: November 25, 2009
TIME: 2:00pm
LOCATION: CDC - Board Room
PRESENT: Frank Coyle, Carol Benedetti, Kathryn Stephenson, Bill Duffy, Bruce Chappell,
Roy Menagh, Craig Metcalf, Rick Dory, Jennifer Whitley
Guests: Maureen Way, Krista Storey
ABSENT: Roger Selman, Shawn Binns, Helen Cooper, Donna Hewitt, Christine Anderson
1. Welcome-Introduction of topic of conversation-Theatre Package
Completed by Frank Coyle
2.Summer Theatre Presentation Information presented from original presentation that was developed for
the board meeting on November 16, 2009 and was previously discussed, as per minutes from the past
meeting
• The Online Package Builder Components were discussed and the Marketing Campaign of this
program
• Explained that the idea is to breakeven on this Marketing Campaign, It is a $12, 000 campaign, and
cost would be divided up between the member buy in
3. Discussion of the Summer Theatre
• Previous theatre statistics were discussed
• In the previous package builder all accommodations were available to the consumer
• Last year it was only Stone Gate who had a Theatre Package and that was with Orillia Boat
Cruises
• Confirmed it is a mid week theatre package, that is when this business is needed, not the
weekends, the facilities are already busy and booked for weekends
• Maureen stated that the previous Theatre Package was successful during the week, they tracked
their business last year which was done through a website with Orillia Boat Cruises, it told them
where their visitors were coming from and their biggest Marketing draw carne from the CAA ad,
with approximately 60% visitors participating just from that advertisement
• Confirmed again that any member can add in to the package, for example, Arabraska or Orillia
Square Mall
• The package would be opened up to all Municipalities
• Visitors can increase to a two night stay, having different options available will hopefully
encourage the visitor to stay longer and spend more
Craig Metcalf
• Mentioned Ontario's Lake Country did this package in the past
• He feels we should be bringing more industry to the Board
• This package isn't just for Orillia and the Opera House
• It is in our strategic plan
• Theatre is a trip motivator as defined in places like the TAMS
Page 22 of 128
Agenda Item # 13c) - Minutes of Ontario's Lake Country meeting of November 25, 20...
• They were hoping Ontario's Lake Country would jump on this Marketing campaign, but they do
have other ways they can do the package in house at the City of Orillia, but they thought
Ontario's Lake Country would be good to do it
Roy Menagh
• Ontario's Lake Country is funded by 6 municipalities
• He is a huge supporter of this particular project
• Concerned about outside councilors watching like a hawk, doesn't want the package to look like it
is for Orillia only
• It is up to Council if we receive funding every year
• At this point we don't have secure public support that is ongoing, we are always going back to the
municipalities and telling them why they should support us, don't want to add a reason for them
to not support us
• If the result of doing this package is a reaction to pull funding, is it really wise?
• How do we sort this out?
• We don't have the money to not count on their support
Kathryn Stephenson
• On the other hand Orillia goes ahead with the package and includes the outlining areas and
opens it up to them
• Then what would the municipalities think, why are they funding us?
Maureen Way
• Local Businesses want to get their name out there, want the chance to look at each individual
project and make that decision for themselves
• Thinks we should provide opportunities to surrounding municipalities
Bill Duffy
• Hasn't heard anything negative from his township, make a presentation of what we have done in
the last year
• Feels it is just one more thing to draw people to the area and he will support this project
Craig Metcalf
• Wants to clarify that there is no money coming from Ontario's Lake Country for this package, just
Jennifer's time
• Other areas have approached Ontario's Lake Country in the past to do Marketing
• The Theatre is a rental, the Opera House's investment is to garner interest in the Theatre
• If it is an Ontario's Lake Country Package he understands that everyone gets the opportunity to
be involved, members will be upset if they can't be involved or at least get the choice
Carol Benedetti
• Didn't understand the concept from the meeting before and was all going to be involved
Frank Coyle
• Feels that Severn supports Ontario's Lake Country, Bill thinks that Ramara supports, it seems
that Oro Medonte is paying the bill this year
• This opportunity is a gift to us, it brought people to the table in the business to market this area,
we want to know what they want
• Need to find out what more about what the municipalities want
• Has heard praise from the Mayors
• He applauds those who brought the idea forward to Ontario's Lake Country, and brought the
information to the table
• It is most important for us to maintain our level, it must be fair and reasonable
• The package on the website will be used for other purposes
Craig Metcalf
• Political stand point- the board is loaded with municipal staff, we are not going to get over this
without industry representatives, they are the ones that know what works for the tourism field
Page 23 of 128
Agenda Item # 13c) - Minutes of Ontario's Lake Country meeting of November 25, 20...
Roy Menagh
• Not against the package
• Ontario's Lake Country has to get its Act together, must make decisions
• Proposes to have a motion within the board
• All politicians, have to support us, what if someone raises the flag again, and we don't have our
ducks lined up
• He is struggling with the process, must have a motion for this
Rick Dory
• Was speaking to Donna and said the CDC said it looks good
Craig Metcalf
• Issues with process, must change or ad into the Board of Directors, other industry would put
policies aside, and would understand based on professional expertise
Roy Menagh
• Still feels Opera House is Orillia Centered
Maureen Way
• Believes in this package, there is no buy in from Ontario's Lake Country
• From the perspective of a Business Manager they need Ontario's Lake Country to look at these
as opportunities
• Other programs were predominantly Ora-Medonte such as Images
• Let her have the opportunity to buy in and decide what is right for her, and make her own
decisions
Krista Storey
• Maureen has been the driving force on this, she has felt the success in the past and has created
the numbers and marketing campaign
• They are trying to break the cycle of just one of each of the services available, there is so much
more to offer
• For sustainability need to have variety, costs are to be shared amongst members, breakdown to
create variety and hopefully longer stays
Motioned By Bill Duffy
Second by Roy Menagh
Carried
The Summer Theatre Package is a go ahead
Meeting adjourned at 2:50pm
Page 24 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
LAKE SIMCOE REGION CONSERVATION AUTHORITY
BOARD OF DIRECTORS' MEETING NO. BOD-10-09
FRIDAY, October 23rd, 2009
120 BAYVIEW PARKWAY
NEWMARKET, ON
MINUTES
Board Members Present
Councillor V. Hackson, Chair
Councillor B. Drew, Vice-Chair
Councillor S. Agnew
Mr. E. Bull
Councillor K. Ferdinands
Regional Councillor J. Grant
Mayor R. Grossi
Regional Councillor H. Herrema
Councillor B. Huson
Councillor E. MacEachern
Councillor J. McCallum
Councillor J. O'Donnell
Councillor J. Rupke
Regional Councillor J. Taylor
Deputy Mayor G. Wauchope
Regrets:
Councillor G. Campbell
Councillor A. Nuttall
Mayor J. Young
Mayor R. Stevens
Staff Present
D. Gayle Wood, Chief Administrative Officer
B. Kemp, Director, Conservation Lands
K. Neale, A/Director, Corporate Services
M. Walters, Director, Watershed Management
B. Booth, Manager, Planning
T. Hogenbirk, Manager, Engineering & Technical Services
S. Jagminas, A/Manager, Corporate Communications
J. Andersen, Senior Fisheries Biologist
C. Eves, BMP Project Coordinator
G. Casey, Coordinator, BOD/CAC, Projects & Services
DECLARATION OF PECUNIARY INTEREST
None reported for the record of this meeting.
II. APPROVA OF THE AGENDA
Moved by: H. Herrema Seconded by: J. McCallum
BOD-144-09 RESOLVED THAT the content of the Agenda for the October 23rd , 2009
meeting of the Board of Directors be approved as amended to include the
Tabled Items Agenda.
CARRIED
Page 25 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD-10-09
October 23rd, 2009 - Minutes
Page 2 of 8
III. ADOPTION OF THE MINUTES
(a) Board of Directors
Moved by: B. Drew Seconded by: R. Grossi
BOD-145-09 RESOLVED THAT the minutes of the Board of Directors Meeting No. BOD-09-
09, held on August 28th, 2009, be adopted and approved as printed and
circulated.
CARRIED
a) Administrative Committee
Included is a copy of the minutes from the September 11th, 2009, meeting of the
Moved by: J. Grant Seconded by: E. Bull
BOD-146-09 RESOLVED THAT the minutes of the Administrative Committee Meeting held
on September 11th, 2009, be approved as printed and circulated.
CARRIED
IV. ANNOUNCEMENTS
(a) Thiess International Riverprize Award
Chair Hackson provided a review of the Authority's winning of the 2009 Thiess Riverprize Award
which was presented in Australia on September 22"d, 2009 and indicated that more information
will be provided when the Board deals with item 10, Staff Report No. 66-09-BOD.
(b) Annual Conservation Awards
Chair Hackson reminded the Board that the LSRCA's Annual Conservation Awards will be held on
Thursday, October 29th at Madsen's Greenhouse, Newmarket.
(c) Activity Book -Watershed Heroes
The Board received a copy of the Watershed Heroes Activity Book which was produced in
partnership with the Lake Simcoe Conservation Foundation for distribution to schools and at
various community events. The Board commended staff of both the Authority and the
Foundation for this great book.
(d) LSRCA Education Program
The Board received a copy of the LSRCA's Education Program Book which was produced in
partnership with the Lake Simcoe Conservation Foundation. The book outlines the various
educational programs offered through the LSRCA. The Board commended staff of both the
Authority and the Foundation for this great book.
(e) Science Links 9 - Grade 9 Text Book
Chair Hackson referenced Staff Report No. 65-09-BOD regarding the work of the LSRCA being
showcased in the new grade 9 science textbook and requested that this Staff Report be brought
forward for discussion.
Page 26 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD-10-09
October 23rd, 2009 - Minutes
Page 3 of 8
Authority staff Jeff Andersen, Senior Fisheries Biologist and Chandler Eves, BMP Inventory
Project Coordinator, provided the Board with the background on this good news story and
presented the textbook to Chair Hackson.
V. PRESENTATIONS
(a) Engineered Wetlands - Aurora
The Board received a presentation from the Director, Watershed Management related to an
innovative project, Engineered Wetlands using Phosphex, which is in place in the Town of
Aurora to treat stormwater runoff.
An engineered wetland consists of engineered structures designed to treat stormwater runoff,
wastewater, and sewage by reproducing physical/chemical wetland processes. While it is
referred to as a "wetland" there is no resemblance to a natural wetland.
The Director advised that the preliminary results indicate the overall treatment efficiency is
rated as excellent and that the Phosphex cell is extremely effective at removing soluble (FRP)
phosphorus. It is hoped that this innovative technology can be used elsewhere.
Moved by: E. Bull Seconded by: J. Taylor
BOD-147-09 RESOLVED THAT the presentation provided by the Director, Watershed
Management regarding the Engineered Wetland project be received.
CARRIED
VI. HEARINGS
None scheduled for this meeting.
VII. DEPUTATIONS
None scheduled for this meeting.
VIII. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 2 (b) and (j), 4, 5, 8 and 10 were identified for separate discussion.
IX. ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by: G. Wauchope
Seconded by: E. MacEachern
BOD-148-09 RESOLVED THAT the following recommendations respecting the matters listed
as "Items Not Requiring Separate Discussion" be adopted as submitted to the
Board and staff be authorized to take all necessary action required to give
effect to same.
CARRIED
Page 27 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD-10-09
October 23rd, 2009 - Minutes
Page 4 of 8
1. Development, Interference with Wetlands and Alterations to Shorelines and
Watercourse Regulation 179/06
BOD-149-09 RESOLVED THAT applications under Section 28 of the Conservation Authorities
Act and Ontario Regulation 179/06 be received for information.
2. Correspondence
BOD-150-09 RESOLVED THAT the correspondence listed in the agenda as item 2(a), (c)
through (i), and (k) be received.
3. Monthly Communications Update
BOD-151-09 RESOLVED THAT the Monthly Communications Update - Summary, for the
period August 1-31 and September 1-30, 2009 be received for information.
6. Business Plan Update
BOD-152-09 RESOLVED THAT Staff Report No. 62-09-BOD-BOD, entitled LSRCA Business
Plan 2009-2013 update, be received; and
FURTHER THAT the inclusion of the enhanced Section 6 and 6.1 of the Business
Plan be approved.
7. Planning & Regulations - Quarterly Update
BOD-153-09 RESOLVED THAT Staff Report No. 63-09-BOD regarding the monitoring of
planning and development applications for the period January 1, 2009 to
September 30, 2009 be received for information.
X. CONSIDERATION OF ITEMS REQUIRING SEPARATE DISUCSSION
2. Correspondence
The Board dealt with correspondence items (b) and (j) of the Tabled Items Agenda related to the
Trent Severn Waterways and the maintenance of Lake Simcoe.
Staff advised that they continue to work with the Trent Severn Waterways and further that staff
have recently received an invitation to meet with them to begin dialogue on how best to work
together to successfully implement the Government's Action Plan for the Trent Severn
Waterway Renewal initiative.
The Board recommended that the Chair and CAO schedule meetings with the watershed MP's to
discuss the option of having a lake study (hydrological) done for Lake Simcoe and the Trent
Severn in order to better manage the lake levels. Such a study will required federal funding.
Page 28 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD-10-09
October 23rd, 2009 - Minutes
Page 5 of 8
Moved by: J. O'Donnell
4.
5.
Seconded by: E. MacEachern
BOD-154-09 RESOLVED THAT the correspondence included in the agenda as item 2(b) and
item of the Tabled Items Agenda be received; and
FURTHER THAT the Chair and CAO be directed to meet with watershed MPs
regarding the Board's concerns regarding water levels in the Lake Simcoe
watershed related to the Trent Severn Waterway.
CARRIED
Budget Status Report - September 30. 2009
The Board dealt with Staff Report No. 60-09-BOD regarding the status of the Authority's budget
for the period ending September 30t", 2009.
The Manager, Finance, reviewed the Staff Report advising that the Authority is projecting a
balanced budget at year end.
Moved by: B. Drew
Seconded by: J. Rupke
BOD-154-09 RESOLVED THAT Staff Report No. 60-08-BOD regarding the Authority Budget
Status for the nine month period ending September 30, 2009, be received.
CARRIED
2010 Budget Assumptions and Timing
The Board dealt with Staff Report No. 61-09-BOD regarding the development process for the
Authority's 2010 budget.
The Manager, Finance advised that staff are in preliminary discussions with Regional and
Municipal staff and there is general support at the staff level for the 3% increase to the general
levy.
Moved by: H. Herrema
Seconded by: B. Huson
BOD-154-09 RESOLVED THAT Staff Report No. 61-09-BOD entitled 2010 Budget
Development - Proposed Process, Assumptions and Schedule, be approved.
CARRIED
8. Pristine Power (Peaker Plant) Update
The Board dealt with Staff Report No. 64-09-BOD regarding an update on the proposal for the
construction of a natural gas fired peaking generating plant in the Township of King (York
Region).
Staff advised that additional information has been received in response to the CA's request,
however staff have not yet had the opportunity to review it
Page 29 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD-10-09
October 23rd, 2009 - Minutes
Page 6 of 8
Moved by: J. O'Donnell Seconded by: S. Agnew
BOD-155-09 RESOLVED THAT Staff Report No. 64-09-BOD regarding the development of a
gas fired peaking generating plant by York Energy Centre LP in the Township of
King be received for information.
CARRIED
10. Thiess International Riverprize
The Board dealt with Staff Report No. 66-09-BOD regarding the 2009 Thiess International
Riverprize recently awarded to the Lake Simcoe Region Conservation Authority.
The CAO advised that in addition to the $250,000 prize money, there is a $100,000 grant that is
to be used to support a twinning project. Twinning is a unique program that enables the
exchange of valuable expertise with other river organizations that are in need of skills and
knowledge. Staff will be working on identifying the projects for the twinning opportunity which
will be brought to the Board for approval.
In addition, staff will bring recommendations to the Board for their consideration and approval,
regarding expenditures for the $250,000 prize money.
The CAO reminded the Board that the Authority will be celebrating this award with staff on
November 3rd, 2009 and that the Annual General Meeting in January 2010 will have a Thiess
theme in order to celebrate with all partners.
Moved by: G. Wauchope Seconded by: R. Grossi
BOD-156-09 RESOLVED THAT Staff Report No. 66-09-BOD regarding the Thiess 2009
International Riverprize Award which was presented to the Lake Simcoe
Region Conservation Authority on September 22"d, 2009, be received.
CARRIED
XI. CLOSED SESSION
Moved by: J. McCallum Seconded by: J. Grant
RESOLVED THAT the Authority's Board of Directors will move to Closed
Session to discuss confidential legal and human resource matters; and
FURTHER THAT the following Authority staff be present for these discussions:
D. Gayle Wood, Chief Administrative Officer, Brian Kemp, Director,
Conservation Lands, Ken Neale, A/Director, Corporate Services, Mike Walters,
Director, Watershed Management, Tom Hogenbirk, Manager, Engineering and
Technical Services and Gina Casey, Coordinator, Board/CAO, Projects and
Services.
Page 30 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD-10-09
October 23rd, 2009 - Minutes
Page 7 of 8
Moved by: R. Grossi
Seconded by: J. McCallum
RESOLVED THAT the Authority's Board of Directors rise from Closed Session
and report their progress.
CARRIED
(a) Update: Peat Extraction Injunction
Moved by: J. Grant Seconded by: J. McCallum
BOD-159-09 RESOLVED THAT Confidential Staff Report No. 67-09-BOD regarding the
Authority's Enforcement Activities pertaining to a peat extraction operation
be received; and
FURTHER THAT the Board of Directors endorse the Authority's approach in
seeking the interim permanent injunction.
CARRIED
(b) Status of LSRCA Enforcement Files
Moved by: J. Grant Seconded by: J. McCallum
BOD-160-09 RESOLVED THAT Confidential Staff Report No. 68-09-BOD regarding the status
of enforcement files be received by the Board of Directors for information;
and
FURTHER THAT staff receive approval from the Board to continue to enforce
Regulation 179-06 throughout the watershed using the enforcement
procedure outlined in this Staff Report.
CARRIED
(c) Appointment to the Lake Simcoe Conservation Foundation
Moved by: J. Grant
Seconded by: J. McCallum
BOD-157-09 RESOLVED THAT Confidential Staff Report No. 69-09-BOD regarding the
recommended appointment to the Lake Simcoe Conservation Foundation be
approved and the Foundation be so advised.
CARRIED
Page 31 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
Lake Simcoe Region Conservation Authority
Board of Directors Meeting No. BOD-10-09
October 23rd, 2009 - Minutes
Page 8 of 8
(d) Advancement Model - Lake Simcoe Conservation Foundation
Moved by: J. Grant
Seconded by: J. McCallum
BOD-158-09 RESOLVED THAT Confidential Staff Report No. 70-09-BOD regarding the
Advancement Model and Roles and Responsibilities for the Lake Simcoe
Conservation Foundation be received; and
FURTHER THAT the recommendation contained within the Confidential Staff
Report be approved.
CARRIED
XII OTHER BUSINESS
(a) December Board Meeting- Change of Date
Chair Hackson advised that the Olympic Torch will be carried through York Region and Simcoe
County on December 18th (current date of Board Meeting) and requested approval to change
the date for the Board meeting to Thursday, December 17th, 2009.
Those Members in attendance concurred with this change.
(b) Provincial Committee - Muck Farmers
Councillor Rupke inquired as to the status of this Committee to which the CAO advised that the
Authority agreed to prepare the Terms of Reference for this Committee which was done and
forwarded to the province shortly following the meeting.
The CAO has received no response to her request for an update on the status of this committee.
XII. ADJOURN
Meeting adjourned at 2:05 p.m. on a motion by R. Grossi.
Councillor V. Hackson
Chair
D. Gayle Wood, CMM III
Chief Administrative Officer
Page 32 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
Announcements
(a) New Board Member-Township of Oro-Medonte
Chair Hackson welcomed Councillor Terry Allison to the meeting.
Councillor Allison will be replacing Councillor Sandy Agnew on the
Authority's Board of Directors.
Chair Hackson, on behalf of the Board, extended thanks to
Councillor Agnew for his continued support, dedication and
commitment during his time on the Authority's Board.
(b) Ernie Crossland Receives the Pioneer Award
Chair Hackson advised that she had the pleasure of attending the
Pioneer Luncheon at the Latornell Conference on November 19tH
2009, where Ernie Crossland was presented with the Pioneer
Award. The Pioneer Award is in recognition of those who have
demonstrated life-long, outstanding contributions to the field of
conservation.
Chair Hackson advised that Ernie will be invited to the December
Board where he will be formally congratulated on this
achievement.
Councillor Virginia Hackson, LSRCA Chair
& Councillor Terry Allison, Township of
Oro-Medonte.
(c) Change of Meeting Date - December Board Meeting
The Board was reminded that the next meeting of the Authority's Board of Directors will be held on
Thursday, December 17th, 2009.
(d) LSRCA's Annual General Meeting
The Board was reminded that the Authority's S9th Annual General Meeting will be held on Friday, January
22nd, 2010. Details to follow.
Staff Reports:
• The Board dealt with Staff Report No. 73-09-BOD regarding the status of the Authority's Budget. Staff
advised that the CA is projecting a balanced year end.
• The Board dealt with Staff Report No. 74-09-BOD regarding the Authority's Hazard Tree Maintenance
Guidelines for Forested Properties Managed by the Lake Simcoe Region Conservation Authority. Staff
provided further information related to the "Red Pine Decline" which is being noticed in some areas
advising that staff are aware of the situation and are monitoring and taking appropriate steps in relation
to fallen trees and addressing those that need to removed before they fall.
Lake Simcoe Region Conservation Authority,
120 Bayview Parkway, Newmarket, ON L3Y 3W3
E-mail: info,cDlsrca.on.ca Web site wwvv.lsrca.on ,a
Page 33 of 128
Agenda Item # 13d) - Minutes of Lake Simcoe Region Conservation Authority
meeting...
In response to the potential impact on the Authority's budget in relation to having to outsource work to
professional tree cutters, staff advised that in most cases Authority staff will be doing the work and it is
not expected that a great deal of work, if any, would be outsourced.
• The Board dealt with Staff Report No. 76-09-BOD regarding the Watershed Showcase on the Road. The
Staff Report reflected that the Authority's Watershed Showcase was presented to 9 municipalities
(Newmarket, Bradford West Gwillimbury, East Gwillimbury, Oro-Medonte, Ramara, Orillia, Uxbridge,
Brock, Scugog) in 2009 and the initiative will continue in 2010 with presentations to the remaining 8
municipalities (Barrie, King, New Tecumseth, Georgina, Whitch urch-StouffviIle, Aurora, Innisfil, Kawartha
Lakes).
• The Board dealt with Staff Report No. 77-09-BOD which provided an update regarding the Lake Simcoe
Protection Plan.
Councillor O'Donnell advised that the Province will be making a presentation to their Council on
December 21ST, 2009, and requested that Authority staff meet with staff from Ramara to review the
implementation roles and responsibilities prior to this meeting.
The Board requested an update regarding the status of funding for the Authority's work on the
implementation of the Plan. The CAO responded that funding has been provided for the Phosphorus
Reduction Strategy and that the dialogue with the Province continues to address where the CA is
expected to be involved in the implementation of the Plan. This information, once provided, will be
presented to the Board for their consideration and approval.
• The Board dealt with Staff Report No. 78-09-BOD regarding the Thiess International Riverprize -
Twinning Initiative.
In relation to the internal team that has been formed to begin work on the Twinning Initiative, the Board
requested that the Chair plus two additional Board Members participate on this Committee.
Interested Members put their name forward and those Members not in attendance will be polled to
determine their interest.
• The Board dealt with Staff Report No. 80-09-BOD and approved the recommendation of staff to award
this tender as outlined in the Report.
Lake Simcoe Region Conservation Authority,
120 Bayview Parkway, Newmarket, ON L3Y 3W3
E-mail: info,cDlsrca.on.ca Web site www.lsrca.on,a
Page 34 of 128
Agenda Item # 14a) - Correspondence from George Anderson dated November 30,
2009...
}
1287 Line 13N., R.R. #1
Hawkestone, ON LOL 1TO -
November 30, 2009
Oro-Medonte Township Council
Dear Sirs:
Re: Line 13 between the Old Barrie Road and the Bass Lake Sideroad
Since this road has been paved, more people from Big Cedar Estates and others are
using this road instead of Line 12. Speed has increased considerably. There are
five driveways below the hill at Lot 9. Therefore, I am requesting that either the
speed limit be lowered or a sign erected at the top of the hill warning of
driveways.
Also, at the junction of Lots 8 & 7 on Line 13, I am requesting that a "cattle
crossing" sign be erected.
I would appreciate you giving these matters your attention and look forward to
hearing from you.
Sincerely,
Ili/
4
,42.4,10 8 George R. Anderson
Page 35 of 128
Agenda Item # 14b) - Correspondence received December 2, 2009 from Paul
Strachan,...
Irwin, Doug
From:
Bonnie Strachan
Sent:
Wednesday, December 02, 200910:42 PM
To:
Irwin, Doug
Cc:
Paul Strachan
Subject:
Request to sell 2010 Rugby Community Hall Calendars
Hello Doug,
On behalf of the Rugby Community Hall Board, I would ask your assistance in selling our 2010
fundraising calendars at the township office. The proceeds from the calendars will be put
back into the Rugby Community Hall.
Thank you for your help and assistance.
Paul Strachan (on behalf of the Rugby Community Hall Board)
1
Page 36 of 128
Agenda Item # 14c) - Correspondence received December 3, 2009 from Oleg
Bourlatsk...
From: Oleg Bourlatski
Sent: Thursday, December 03, 2009 10:52 AM
To: Hughes, Harry; Leigh, Andria; Irwin, Doug
Subject: Project Hwy 11 at Concession 7
Dear Mr. D. Irwin
Cc: H.Hughes; A.Leigh
Re: Development project at 2976 Highway 11, Part of Lot 20, Concession 7
Township of Oro-Medonte, County of Simcoe
We would like to ask Oro-Medonte Council to consider approval of the installation of the
footing for the future building on the property before the final approval of the Site Plan
agreement and final MTO approval.
All MTO comments regarding setbacks of the buildings, underground tanks, services
were properly addressed and resolved.
The reason we ask Council to allow us to do this work is that the time of the good
weather this winter is running out and our construction team already working on
demolition will still have time due to the weather conditions to hopefully do main works
on services and building foundation.
Thank you very much for your consideration
Oleg Bourlatski
1698176 Ontario Inc.
Page 37 of 128
Agenda Item # 18a) - Being a By-law to Authorize the Execution of a Tax Arrears E...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-167
Being a By-law to authorize the execution of a
Tax arrears extension agreement
WHEREAS The Corporation of the Township of Oro-Medonte has registered on the 31"
day of March 2009 a tax arrears certificate against the land described in Schedule "A"
attached hereto and forming part of this By-Law.
AND WHEREAS Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended
provides that a municipality may by By-law authorize an agreement with the owner of such
land to extend the period of time, which the cancellation price payable on the land is to be
paid.
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT an agreement be entered into by the Corporation with the owners of the land
described in Schedule "A" to extend the time period in which the cancellation price
payable on this land is to be paid beyond March 31", 2010.
2. THAT the agreement be substantially the same form and contain the same terms
and conditions as set out in Schedule "B" attached hereto and forming part of this
by-law.
3. THAT the Mayor and Clerk be authorized to enter into the agreement on behalf of
the Corporation.
4. THAT this By-law shall have effect immediately upon final passing.
BY-LAW READ A FIRST AND SECOND TIME THIS 9`h DAY OF DECEMBER, 2009.
BY-LAW READ A THIRD AND FINAL TIME THIS DAY OF 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 38 of 128
Agenda Item # 18a) - Being a By-law to Authorize the Execution of a Tax Arrears E
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SCHEDULE"A"
BY-LAW NO. 2009-167
Description of the land:
Roll # 4346 010 011 05200 Plan 232 Lot 13
Page 39 of 128
Agenda Item # 18a) - Being a By-law to Authorize the Execution of a Tax Arrears E...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SCHEDULE"B"
BY-LAW NO. 2009-167
THIS AGREEMENT made in triplicate the 23`d day of November, 2009.
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Corporation"
-and
Hereinafter called the "Owners"
WHEREAS the owners arethe owners of the land in the Township of Oro-Medonte
described in Schedule "A" attached hereto and forming part of this agreement.
AND WHEREAS the said land is in arrears of taxes on the23rd day of November,
2009 in the amount of $9,424.40 and a tax arrears certificate was registered in the Registry
Office on the 315` day of March, 2009 in respect of the said land.
AND WHEREAS pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001,
C.25 as amended a municipality may by By-law, authorize an extension agreement be
entered into by the Corporation with the landowner to extend the period of time in which the
cancellation price in respect to the said land is to be paid.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and of the covenants and obligations hereinafter contained, it is hereby agreed as
follows:
1. The Owners agree to pay to the Corporation the sum of $300.00 (three hundred)
dollars monthly, commencing on the 1st day of December, 2009, to and including the
1 st day of December, 2014.
2. In addition to paying the amounts provided for in Clause 1, the Owners agree to pay
all taxes levied on the land as they become due during the tenor of this Agreement.
3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001,
S.O. 2001, C.25, as amended, shall continue to apply to the collection and
enforcement of all tax arrears and all taxes except that the Treasurer and the
collector of taxes of the Corporation, without waiving the statutory rights and powers
of the municipality or of the Treasurer, shall not enforce collections of such tax
payments, except as set out in Clauses 1 and 2, during the time the Agreement is in
force so long as the Owner is not in default hereunder.
4. In the event the Owners defaults in any payments required by this Agreement, this
Agreement upon notice being given to the Owners by the Corporation, shall be
terminated and the Owners shall be placed in the position he or she was before this
Agreement was entered into. In the event of a default, this Agreement shall cease to
be considered a subsisting agreement on the day that the notice of termination is
sent to the Owners.
5. Immediately upon the Owners making all the payments required under paragraphs 1
and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register
a tax arrears cancellation certificate in respect of the said land.
6. Notwithstanding the provisions of paragraphs 1 and 2, the Owners and any other
person may at any time pay the balance of the cancellation price and upon receipt of
the aforesaid payment by the Corporation, this Agreement shall terminate and the
Treasurer shall forthwith register a tax arrears cancellation certificate.
7. This Agreement shall extend to and be binding upon and ensure to the benefit of the
Parties and to their respective heirs, successors and assigns.
Page 40 of 128
Agenda Item # 18a) - Being a By-law to Authorize the Execution of a Tax Arrears E
Page 2
Schedule "B"
By-Law No. 2009-164
8. If any paragraph or part of paragraphs in this Agreement be illegal or unenforceable,
it or they shall be considered separate and severable from the Agreement and the
remaining provisions of the Agreement shall remain in force and effect and shall be
binding upon the Parties hereto as though the said paragraph or paragraphs or part
or parts of paragraphs had never been included.
9. Any notice required to be given to the Owners hereunder shall be sufficiently given if
sent by registered post to the Owners at the following address:
284 Line 11 S
RR 3
Hawkestone ON LOL 1T0
In WITNESS WHEREOF the Owners has hereunto set his hand and seal and the
Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper
Officers.
SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF
Witness
Witness
Witness
Witness
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
O r,
Owne" r, /
Page 41 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
The Corporation of The Township of Oro-Medonte
BY-LAW NUMBER 2009-168
A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE TO AUTHORIZE THE BORROWING UPON
AMORTIZING DEBENTURES IN THE PRINCIPAL AMOUNT OF
$1,500,000.00 TOWARDS THE COST OF THE ROAD
IMPROVEMENTS
WHEREAS the Municipal Act, 2001, as amended (the "Act") provides that a
municipality may incur a debt for municipal purposes, whether by borrowing money or in any
other way, and may issue debentures and prescribed financial instruments and enter
prescribed financial agreements for or in relation to the debt;
AND WHEREAS the Council of The Corporation of The Township of Oro-
Medonte (the "Municipality") has passed each By-law enumerated in column (1) of Schedule
"A" attached hereto and forming part of this By-law authorizing each project described in
column (2) of Schedule "A", and authorizing the entering into of a Financing Agreement for
the provision of temporary and long term borrowing from the Ontario Infrastructure Projects
Corporation ("OIPC") in respect of each project (the "Financing Agreement") and the
Municipality desires to issue debentures for each project in the respective amounts specified
in column (5) of Schedule "A";
AND WHEREAS before authorizing each project the Municipality had its
Treasurer update its most recent annual debt and financial obligation limit received from the
Ministry of Municipal Affairs and Housing in accordance with the applicable regulation and,
prior to authorizing each project, the Treasurer determined that the estimated annual amount
payable in respect of each project would not cause the Municipality to exceed the updated
limit and that the approval of each project by the Ontario Municipal Board was not required;
AND WHEREAS the Municipality has submitted an application to OIPC for long
term borrowing through the issue of debentures to OIPC in respect of each project (the
"Application") and the Application has been approved;
AND WHEREAS to provide long term financing for each project and to repay
certain temporary advances in respect of each project made by OIPC pursuant to the
Financing Agreement dated effective as of June 12, 2009 (the "Advances"), it is now
expedient to issue amortizing debentures in the principal amount of $1,500,000.00 dated
December 15, 2009 and maturing on December 15, 2019 and payable in semi-annual
instalments of combined (blended) principal and interest on the 15th day of June and on the
15th day of December in each of the years 2010 to 2019, both inclusive on the terms
hereinafter set forth;
AND WHEREAS on July 17, 2006, legislation was proclaimed into force
amalgamating the Ontario Strategic Infrastructure Financing Authority (OSIFA) and the
Ontario Infrastructure Projects Corporation continued under the name the Ontario
Infrastructure Projects Corporation (OIPC).
Page 42 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS:
For each project, the borrowing upon the credit of the Municipality of the principal
sum of $1,500,000.00 and the issue of amortizing debentures therefore upon the
credit of the Municipality to be repaid in semi-annual instalments of combined
(blended) principal and interest as hereinafter set forth, are hereby authorized.
The Mayor and the Treasurer of the Municipality are hereby authorized to cause any
number of amortizing debentures to be issued for such sums of money as may be
required for each project in definitive form, not exceeding in total the said sum of
$1,500,000.00 (the "Debentures"). The Debentures shall bear the Municipality's
municipal seal and the signatures of the Mayor and the Treasurer of the
Municipality, all in accordance with the provisions of the Act. The municipal seal of
the Municipality and the signatures referred to in this section may be printed,
lithographed, engraved or otherwise mechanically reproduced. The Debentures are
sufficiently signed if they bear the required signatures and each person signing has
the authority to do so on the date he or she signs.
3. The Debentures shall be in fully registered form as one or more certificates in the
aggregate principal amount of $1,500,000.00, in the name of OIPC, or as OIPC may
otherwise direct, substantially in the form attached as Schedule "B" hereto and
forming part of this By-law with provision for payment of principal and interest (other
than in respect of the final payment of principal and outstanding interest on maturity
upon presentation and surrender) by pre-authorized debit in respect of such
principal and interest to the credit of such registered holder on such terms as to
which the registered holder and the Municipality may agree.
4. In accordance with the provisions of section 18 of the Ontario Infrastructure Projects
Corporation Act, 2006 as security for the payment by the Municipality of the
indebtedness of the Municipality to OIPC under the Debentures (the "Obligations"),
the Municipality is hereby authorized to agree in writing with OIPC that the Minister
of Finance is entitled, without notice to the Municipality, to deduct from money
appropriated by the Legislative Assembly of Ontario for payment to the Municipality,
or from money appropriated by such Assembly for payment to the Municipality in
respect of such matters as may be specified, amounts not exceeding the amounts
that the Municipality fails to pay to OIPC on account of the Obligations and to pay
such amounts to OIPC.
5. The Debentures shall all be dated the 15th day of December, 2009 and shall be
issued within two years after the day on which this By-law is enacted, and as to both
principal and interest shall be expressed and be payable in lawful money of
Canada. The Debentures shall bear interest at the rate of 3.66% and mature during
a period of 10 years from the date thereof payable semi-annually in arrears as
described in this section. The Debentures shall be paid in full by December 15,
2019 and payable in semi-annual instalments of combined (blended) principal and
interest on the 15th day of June and on the 15th of December in each of the years
2010 to 2019, both inclusive, in such period shall be as set forth in Schedule "C"
attached hereto and forming part of this By-law ("Schedule "C).
Page 43 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
6. Payments in respect of principal of and interest on the Debentures shall be made
only on a day on which banking institutions in Toronto, Ontario, are not authorized
or obligated by law or executive order to be closed (a "Toronto Business Day")
and if any date for payment is not a Toronto Business Day, payment shall be made
on the next following Toronto Business Day.
Interest shall be payable to the date of maturity of the Debentures and on default
shall be payable on any overdue amounts both before and after default and
judgment at a rate per annum equal to the greater of the rate specified on the
Schedule as attached to and forming part of the Debentures for such amounts plus
200 basis points or Prime Rate (as defined below) plus 200 basis points, calculated
on a daily basis from the date such amounts become overdue for so long as such
amounts remain overdue and the Municipality shall pay to the registered holders
any and all costs incurred by the registered holders as a result of the overdue
payment. Any amounts payable by the Municipality as interest on overdue principal
or interest and all costs incurred by the registered holders as a result of the overdue
payment in respect of the Debentures shall be paid out of current revenue.
Whenever it is necessary to compute any amount of interest in respect of the
Debentures for a period of less than one full year, other than with respect to regular
semi-annual interest payments, such interest shall be calculated on the basis of the
actual number of days in the period and a year of 365 or 366 days as appropriate.
"Prime Rate" means, on any day, the annual rate of interest which is the arithmetic
mean of the prime rates announced from time to time by the five major Canadian
Schedule I banks, as of the issue date of this Debenture, Royal Bank of Canada,
Canadian Imperial Bank of Commerce, The Bank of Nova Scotia, Bank of Montreal
and The Toronto-Dominion Bank (the "Reference Banks") as their reference rates
in effect on such day for Canadian dollar commercial loans made in Canada. If
fewer than five of the Reference Banks quote a prime rate on such days, the "Prime
Rate" shall be the arithmetic mean of the rates quoted by the remaining Reference
Banks.
8. Each year in which a payment of an instalment of combined (blended) principal and
interest becomes due, there shall be raised as part of the general levy the amounts
of principal and interest payable in each year as set out in Schedule "C" to the
extent that the amounts have not been provided for by any other available source
including other taxes or fees or charges imposed on persons or property by a By-
law of any municipality.
9. The Debentures may contain any provision for their registration thereof authorized
by any statute relating to municipal debentures in force at the time of the issue
thereof.
10. The Municipality shall maintain a registry in respect of the Debentures in which shall
be recorded the names and the addresses of the registered holders and particulars
of the Debentures held by them respectively and in which particulars of the
cancellation, exchanges, substitutions and transfers of Debentures, may be
recorded and the Municipality is authorized to use electronic, magnetic or other
media for records of or related to the Debentures or for copies of them.
Page 44 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
11. The Municipality shall not be bound to see to the execution of any trust affecting the
ownership of any Debenture or be affected by notice of any equity that may be
subsisting in respect thereof. The Municipality shall deem and treat registered
holders of Debentures as the absolute owners thereof for all purposes whatsoever
notwithstanding any notice to the contrary and all payments to or to the order of
registered holders shall be valid and effectual to discharge the liability of the
Municipality on the Debentures to the extent of the sum or sums so paid. Where a
Debenture is registered in more than one name, the principal of and interest from
time to time payable on such Debenture shall be paid to or to the order of all the
joint registered holders thereof, failing written instructions to the contrary from all
such joint registered holders, and such payment shall constitute a valid discharge to
the Municipality. In the case of the death of one or more joint registered holders,
despite the foregoing provisions of this section, the principal of and interest on any
Debentures registered in their names may be paid to the survivor or survivors of
such holders and such payment shall constitute a valid discharge to the
Municipality.
12. The Debentures will be transferable or exchangeable at the office of the Treasurer
of the Municipality upon presentation for such purpose accompanied by an
instrument of transfer or exchange in a form approved by the Municipality and which
form is in accordance with the prevailing Canadian transfer legislation and practices,
executed by the registered holder thereof or such holder's duly authorized attorney
or legal personal representative, whereupon and upon registration of such transfer
or exchange and cancellation of the Debenture or Debentures presented, the Mayor
and the Treasurer shall issue and deliver a new Debenture or Debentures of an
equal aggregate principal amount in any authorized denomination or denominations
as directed by the transferee, in the case of a transfer or as directed by the
registered holder in the case of an exchange.
13. The Mayor and the Treasurer shall issue and deliver new Debentures in exchange
or substitution for Debentures outstanding on the registry with the same maturity
and of like form which have become lost, stolen, mutilated, defaced or destroyed,
provided that the applicant therefore shall have: (a) paid such costs as may have
been incurred in connection therewith; (b) (in the case of a lost, stolen or destroyed
Debenture) furnished the Municipality with such evidence (including evidence as to
the certificate number of the Debenture in question) and indemnity in respect
thereof satisfactory to the Municipality in its discretion; and (c) surrendered to the
Municipality any mutilated or defaced Debentures in respect of which new
Debentures are to be issued in substitution.
14. The Debentures issued upon any registration of transfer or exchange or in
substitution for any Debentures or part thereof shall carry all the rights to interest if
any, accrued and unpaid which were carried by such Debentures or part thereof and
shall be so dated and shall bear the same maturity date and, subject to the
provisions of this By-law, shall be subject to the same terms and conditions as the
Debentures in respect of which the transfer, exchange or substitution is effected.
15. The cost of all transfers and exchanges, including the printing of authorized
denominations of the new Debentures, shall be borne by the Municipality. When
Page 45 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
any of the Debentures are surrendered for transfer or exchange the Treasurer of the
Municipality shall: (a) in the case of an exchange, cancel and destroy the
Debentures surrendered for exchange; (b) in the case of an exchange, certify the
cancellation and destruction in the registry; and (c) enter in the registry particulars of
the new Debenture or Debentures issued in exchange.
16. Reasonable fees for the substitution of a new Debenture or new Debentures for any
of the Debentures that are lost, stolen, mutilated, defaced or destroyed and for the
replacement of lost, stolen, mutilated, defaced or destroyed principal and interest
cheques may be imposed by the Municipality. Where new Debentures are issued in
substitution in these circumstances the Municipality shall: (a) treat as cancelled and
destroyed the Debentures in respect of which new Debentures will be issued in
substitution; (b) certify the deemed cancellation and destruction in the registry; (c)
enter in the registry particulars of the new Debentures issued in substitution; and (d)
make a notation of any indemnities provided.
17. Except as otherwise expressly provided herein, any notice required to be given to a
registered holder of one or more of the Debentures will be sufficiently given if a copy
of such notice is mailed or otherwise delivered to the registered address of such
registered holder.
18. The Mayor and the Treasurer are hereby authorized to cause the Debentures to be
issued, the Clerk and Treasurer are individually hereby authorized to generally do
all things and to execute all documents and other papers in the name of the
Municipality in order to carry out the issue of the Debentures and the Treasurer is
authorized to affix the Municipality's municipal seal to any of such documents and
papers.
19. The proceeds realized in respect of the Debentures, after providing for the
expenses related to their issue, if any, shall be apportioned and applied to each
project and for no other purpose except as permitted by the Act.
20. Subject to the Municipality's investment policies and goals, the applicable legislation
and the terms and conditions of the Debentures, the Municipality may, if not in
default under the Debentures, at any time purchase any of the Debentures in the
open market or by tender or by private contract at any price and on such terms and
conditions (including, without limitation, the manner by which any tender offer may
be communicated or accepted and the persons to whom it may be addressed) as
the Municipality may in its discretion determine.
Page 46 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
21. This By-law takes effect on the day of passing.
By-law read a first and second time this 9th day of December, 2009
By-law read a third time and finally passed this 9th day of December, 2009
Harry Hughes, Mayor
Doug Irwin, Clerk
[AFFIX SEAL]
Page 47 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Schedule "A" to By
-law Number 2009-168
Approved
Amount to be
Amount of Amount of
Term of
By-law Project Financed
Debentures Debentures
Years of
Description Through the
Previously to be Issued
Debentures
Issue of
Issued
Debentures
road
2009-071 improvement $1,500,000.00
$0.00 $1,500,000.00
10
s
Page 48 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Schedule "B" to By-law Number 2009-168
No. 2009-168 $1,500,000.00
CANADA
Province of Ontario
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
FULLY REGISTERED 3.66% AMORTIZING DEBENTURE
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, for value received, hereby
promises to pay to
ONTARIO INFRASTRUCTURE PROJECTS CORPORATION ("OIPC")
or registered assigns, subject to the Conditions attached hereto which form part hereof (the
"Conditions"), upon presentation and surrender of this debenture by the maturity date of this
debenture (December 15, 2019), the principal sum of
ONE MILLION, FIVE HUNDRED THOUSAND DOLLARS
($1,500,000.00)
by semi-annual instalments of combined (blended) principal and interest on the 15th day of
June and on the 15th day of December in each of the years 2010 to 2019, both inclusive, in
the amounts set forth in the attached Amortizing Schedule (the "Schedule") and subject to
late payment interest charges pursuant to the Conditions, in lawful money of Canada.
Interest shall be paid until the maturity date of this debenture, in like money in semi-annual
payments from the 15th day of December, 2009, or from the last date on which interest has
been paid on this debenture, whichever is later, at the rate of 3.66% per annum, in arrears,
on the specified dates, as set forth in the Schedule, in the manner provided in the Conditions.
Interest shall be paid on default at the applicable rate set out in the Conditions both before
and after default and judgment. The applicable rate of interest, the payments of principal and
interest and the principal balance outstanding in each year are shown in the Schedule.
The Municipality, pursuant to section 18 of the Ontario Infrastructure Projects Corporation
Act, 2006, (the "OIPC Act, 2006") hereby irrevocably agrees that the Minister of Finance is
entitled, without notice to the Municipality, to deduct from money appropriated by the
Legislative Assembly of Ontario for payment to the Municipality, or from money appropriated
by such Assembly for payment to the Municipality in respect of such matters as may be
specified, amounts not exceeding any amounts that the Municipality fails to pay to OIPC on
account of the indebtedness evidenced by this debenture, and to pay such amounts to OIPC.
This debenture is subject to the Conditions.
Page 49 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
DATED at The Township of Oro-Medonte the 15th day of December, 2009
IN TESTIMONY WHEREOF and under the authority of By-law Number 2009-168 of the
Municipality duly passed on the 9th day of December, 2009 (the "By-law"), this debenture is
sealed with the municipal seal of the Municipality and signed by the Mayor and by the
Treasurer thereof.
Date of Registration: December 15, 2009
Harry Hughes, Mayor Paul Gravelle, Treasurer
OIPC hereby agrees that the Minister of Finance is entitled to exercise certain rights of deduction
pursuant to section 18 of the OIPC Act, 2006 as described in this debenture.
Ontario Infrastructure Projects Corporation
by:
Authorized Signing Officer
LEGAL OPINION
We have examined By-law Number 2009-168 (the "By-law") of The Corporation of
The Township of Oro-Medonte (the "Municipality") authorizing the issue of
amortizing debentures in the principal amount of $1,500,000.00 dated December
15, 2009 and maturing on December 15, 2019 and payable in semi-annual
instalments of combined (blended) principal and interest on the 15th day of June
and on the 15th day of December in each of the years 2010 to 2019, both
inclusive.
In our opinion, the By-law has been properly passed and is within the legal powers
of the Municipality. The debenture issued under the By-law in the within form (the
"Debenture") is the direct, unsecured and unsubordinated obligation of the
Municipality. The Debenture is enforceable against the Municipality subject to the
special jurisdiction and powers of the Ontario Municipal Board over defaulting
municipalities under the Municipal Affairs Act. This opinion is subject to and
incorporates all the assumptions, qualifications and limitations set out in our
opinion letter.
December 15, 2009
Aird & Berlis LLP Barristers & Solicitors
Page 50 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
CONDITIONS OF THE DEBENTURE
Form, Denomination, and Ranking of the Debenture
The debentures issued pursuant to the By-law (collectively the "Debentures" and
individually a "Debenture") are issuable as fully registered Debentures without
coupons.
2. The Debentures are direct, unsecured and unsubordinated obligations of the
Municipality. The Debentures rank concurrently and equally in respect of payment of
principal and interest with all other debentures of the Municipality except for the
availability of money in a sinking or retirement fund for a particular issue of
debentures.
3. This Debenture is one fully registered Debenture registered in the name of OIPC and
held by OIPC.
Registration
4. The Municipality shall maintain at its designated office a registry in respect of the
Debentures in which shall be recorded the names and the addresses of the registered
holders and particulars of the Debentures held by them respectively and in which
particulars of the cancellation, exchanges, substitutions and transfers of Debentures,
may be recorded and the Municipality is authorized to use electronic, magnetic or
other media for records of or related to the Debentures or for copies of them.
Title
5. The Municipality shall not be bound to see to the execution of any trust affecting the
ownership of any Debenture or be affected by notice of any equity that may be
subsisting in respect thereof. The Municipality shall deem and treat registered holders
of Debentures, including this Debenture, as the absolute owners thereof for all
purposes whatsoever notwithstanding any notice to the contrary and all payments to or
to the order of registered holders shall be valid and effectual to discharge the liability of
the Municipality on the Debentures to the extent of the sum or sums so paid. Where a
Debenture is registered in more than one name, the principal of and interest from time
to time payable on such Debenture shall be paid to or to the order of all the joint
registered holders thereof, failing written instructions to the contrary from all such joint
registered holders, and such payment shall constitute a valid discharge to the
Municipality. In the case of the death of one or more joint registered holders, despite
the foregoing provisions of this section, the principal of and interest on any Debentures
registered in their names may be paid to the survivor or survivors of such holders and
such payment shall constitute a valid discharge to the Municipality.
Page 51 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
Pavments of Principal and Interest
6. The record date for purposes of payment of principal of and interest on the Debentures
is as of 5:00 p.m. on the sixteenth calendar day preceding any Payment Date including
the maturity date. Principal of and interest on the Debentures are payable by the
Municipality to the persons registered as holders in the registry on the relevant record
date. The Municipality shall not be required to register any transfer, exchange or
substitution of Debentures during the period from any record date to the corresponding
Payment Date.
7. The Municipality shall make all payments in respect of semi-annual instalments of
combined (blended) principal and interest on the Debentures on each Payment Date
commencing on June 15, 2010 (other than in respect of the final payment of principal
and outstanding interest on the final maturity date upon presentation and surrender of
this Debenture), by pre-authorized debit in respect of such interest and principal to the
credit of the registered holder on such terms as the Municipality and the registered
holder may agree.
8. The Municipality shall pay to the registered holder interest on any overdue amount of
principal or interest in respect of any Debenture, both before and after default and
judgment, at a rate per annum equal to the greater of the rate specified on the
Schedule as attached to and forming part of the Debenture for such amount plus 200
basis points or Prime Rate (as defined below) plus 200 basis points, calculated on a
daily basis from the date such amount becomes overdue for so long as such amount
remains overdue and the Municipality shall pay to the registered holder any and all
costs incurred by the registered holder as a result of the overdue payment.
9. Whenever it is necessary to compute any amount of interest in respect of the
Debentures for a period of less than one full year, other than with respect to regular
semi-annual interest payments, such interest shall be calculated on the basis of the
actual number of days in the period and a year of 365 or 366 days as appropriate.
10. Payments in respect of principal of and interest on the Debentures shall be made only
on a day on which banking institutions in Toronto, Ontario, are not authorized or
obligated by law or executive order to be closed (a "Toronto Business Day"), and if
any date for payment is not a Toronto Business Day, payment shall be made on the
next following Toronto Business Day as noted on the Schedule.
11. The Debentures are transferable or exchangeable at the office of the Treasurer of the
Municipality upon presentation for such purpose accompanied by an instrument of
transfer or exchange in a form approved by the Municipality and which form is in
accordance with the prevailing Canadian transfer legislation and practices, executed
by the registered holder thereof or such holder's duly authorized attorney or legal
personal representative, whereupon and upon registration of such transfer or
exchange and cancellation of the Debenture or Debentures presented, a new
Debenture or Debentures of an equal aggregate principal amount in any authorized
denomination or denominations will be delivered as directed by the transferee, in the
case of a transfer or as directed by the registered holder in the case of an exchange.
Page 52 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
12. The Municipality shall issue and deliver new Debentures in exchange or substitution
for Debentures outstanding on the registry with the same maturity and of like form
which have become lost, stolen, mutilated, defaced or destroyed, provided that the
applicant therefore shall have: (a) paid such costs as may have been incurred in
connection therewith; (b) (in the case of a lost, stolen or destroyed Debenture)
furnished the Municipality with such evidence (including evidence as to the certificate
number of the Debenture in question) and indemnity in respect thereof satisfactory to
the Municipality in its discretion; and (c) surrendered to the Municipality any mutilated
or defaced Debentures in respect of which new Debentures are to be issued in
substitution.
13. The Debentures issued upon any registration of transfer or exchange or in substitution
for any Debentures or part thereof shall carry all the rights to interest if any, accrued
and unpaid which were carried by such Debentures or part thereof and shall be so
dated and shall bear the same maturity date and, subject to the provisions of the By-
law, shall be subject to the same terms and conditions as the Debentures in respect of
which the transfer, exchange or substitution is effected.
14. The cost of all transfers and exchanges, including the printing of authorized
denominations of the new Debentures, shall be borne by the Municipality. When any
of the Debentures are surrendered for transfer or exchange the Treasurer of the
Municipality shall: (a) in the case of an exchange, cancel and destroy the Debentures
surrendered for exchange; (b) in the case of an exchange, certify the cancellation and
destruction in the registry; and (c) enter in the registry particulars of the new
Debenture or Debentures issued in exchange.
15. Reasonable fees for the substitution of a new Debenture or new Debentures for any of
the Debentures that are lost, stolen, mutilated, defaced or destroyed and for the
replacement of lost, stolen, mutilated, defaced or destroyed principal and interest
cheques may be imposed by the Municipality. Where new Debentures are issued in
substitution in these circumstances the Municipality shall: (a) treat as cancelled and
destroyed the Debentures in respect of which new Debentures will be issued in
substitution; (b) certify the deemed cancellation and destruction in the registry; (c)
enter in the registry particulars of the new Debentures issued in substitution; and (d)
make a notation of any indemnities provided.
16. If OIPC elects to terminate its obligations under the financing agreement entered into
between the parties, OIPC, at its discretion, shall assess any losses that it may incur
as a result of the termination as follows: if on the date of termination the outstanding
principal balance on the Debenture is less than the Net Present Value of the
Debenture, the Municipality shall pay the difference between these two amounts to
OI PC.
Notices
17. Except as otherwise expressly provided herein, any notice required to be given to a
registered holder of one or more of the Debentures will be sufficiently given if a copy of
such notice is mailed or otherwise delivered to the registered address of such
registered holder. If the Municipality or any registered holder is required to give any
Page 53 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t
notice in connection with the Debentures on or before any day and that day is not a
Toronto Business Day (as defined in section 10 of these Conditions) then such notice
may be given on the next following Toronto Business Day.
Time
18. Unless otherwise expressly provided herein, any reference herein to a time shall be
considered to be a reference to Toronto time.
Governing Law
19. The Debentures are governed by and shall be construed in accordance with the laws
of the Province of Ontario and the federal laws of Canada applicable in Ontario.
Definitions:
(a) "Net Present Value" will be calculated based on the following formulae: For Serial
Debenture - [(principal) 1 (1+(r/2))^n ] + [ interest payment /(r/2))*(l -(I/(l +(r/2))A n)] for
each remaining serial principal repayment or for Amortizing Debenture - [loan
payment /(r/2))*(1-11(1+(r/2))nn)], where Y' is the prevailing lending rate less an
appropriate basis point deduction for costs incurred and "n" is the number of semi-
annual periods to maturity
(b) "Prime Rate" means, on any day, the annual rate of interest which is the arithmetic
mean of the prime rates announced from time to time by the five major Canadian
Schedule I banks, as of the issue date of this Debenture, Royal Bank of Canada,
Canadian Imperial Bank of Commerce, The Bank of Nova Scotia, Bank of Montreal
and The Toronto-Dominion Bank (the "Reference Banks") as their reference rates in
effect on such day for Canadian dollar commercial loans made in Canada. If fewer
than five of the Reference Banks quote a prime rate on such days, the "Prime Rate"
shall be the arithmetic mean of the rates quoted by the remaining Reference Banks.
Page 54 of 128
Agenda Item # 18b) - A By-Law of the Corporation of the Township of Oro-Medonte t...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Schedule "C" to By-law Number 2009-168
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Page 55 of 128
Agenda Item # 18c) - Being a By-Law to Repeal By-Law No. 2008-114 "A By-law to
Ap...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
By-Law No. 2009-170
Being a By-Law to Repeal By-Law No. 2008-114
"A By-law to Appoint a Deputy Treasurer"
WHEREAS Section 286(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that a municipality may appoint Deputy Treasurers who have all the powers
and duties of the Treasurer under this and any other Act;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended,
states that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte did,
on the 10t" day of September, 2008, enact By-Law No. 2008-114, being a By-law to
Appoint a Deputy Treasurer;
AND WHEREAS the individual appointed in By-Law 2008-114 left the employ of The
Township of Oro-Medonte effective November 6, 2009.
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
THAT By-law 2008-114 is hereby repealed in its entirety.
THAT this by-law shall take effect on November 7, 2009.
BY-LAW READ A FIRST AND SECOND TIME THIS 9T" DAY OF DECEMBER,
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 56 of 128
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. 2009-172
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Bryan Andre Keene
Anna Keene
described as lands as follows:
Part West '/2 Lot 24, Concession 8, former Township of Oro,
Part 1 Plan 51 R-36459
PIN# 58559-0357 (LT)
Roll# 4346-010-009-0915
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 9T" OF DECEMBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
DECEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 57 of 128
Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
BRYAN ANDRE KEENE
ANNA KEENE
-and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part West'/2 Lot 24, Concession 8, former Township of Oro,
Part 1 Plan 51 R-36459
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
PIN# 58559-0357 (LT)
December 9th, 2009
By-Law No. 2009-172
Page 58 of 128
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
2
Page 59 of 128
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 9"' day of December 2009, in accordance with
Section 41 of the Planning Act.
BETWEEN: Bryan Andre Keene
Anna Keene
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 single detached dwelling 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:
Page 60 of 128
Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
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.
f) 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.
i) That an Ontario Land Surveyor provide verification to the Township of
compliance with the Site Plan's Committee's decision by 1) pinning the footing
and 2) verifying in writing prior to pouring of the foundation by way of survey/real
property report that the proposed dwelling will meet the required setbacks from
County Road 20 (Ridge Road East).
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 single detached
dwelling 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.
Page 61 of 128
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.
G) Parking Areas and Driveways
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 Storage
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) Garbage Storage
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.
Garbage 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) Landscaping
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.
Page 62 of 128
Agenda Item # 18d) - A By-law to Authorize the Execution of a Site Plan Control A...
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.
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.
Page 63 of 128
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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.
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
Owner: Bryan Andre Keene
)Owner: Anna Keene
The Corporation of the
Township of Oro-Medonte
per:
1
H.S. Hughes, Mayor
1
) J. Douglas Irwin, Clerk
SCHEDULE "A"
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NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Bryan Andre Keene
and Anna Keene
LEGAL DESCRIPTION OF LANDS
Part West 1/2 Lot 24, Concession 8, former Township of Oro,
Part 1 Plan 51 R-36459
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
PIN# 58559-0357 (LT)
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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 Bryan Andre Keene
and Anna Keene
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
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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 Bryan Andre Keene
and Anna Keene
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
io
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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 Bryan Andre Keene
and Anna Keene
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.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-174
Being a By-law to Authorize the Execution of a Subdivision Agreement between
the Corporation of the Township of Oro-Medonte and 2063334 Ontario Inc.
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 5,
Concession 14, PCL 5-2, SEC 51-MED-14; PT LT 5 CON 14 MEDONTE, PTS 1,2,3,4 &
5, 51R23534; S/T ME13739, (Former Township of Medonte), being all of PIN # 58530-
0119 (LT), (known as the Homire 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 9T" DAY OF DECEMBER, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
DECEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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SUBDIVISION AGREEMENT
- between -
2063334 ONTARIO INC.
-and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of Lot 5, Concession 14
Property Description: PCL 5-2, SEC 51-MED-14; PT LT 5 CON 14
MEDONTE, PTS 1,2,3,4 & 5,51R23534; S/T ME13739; Township of Oro-
Medonte
Being all of PIN # 58530-0119 (LT)
(former Township of Medonte)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
December, 2009
By-Law No. 2009-174
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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 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
z
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TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the 91h day of December, 2009.
BETWEEN: 2063334 ONTARIO INC.
(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-90046) 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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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 14
drawing format or DXF and be delivered on a CD Rom or DVD.
Two copies of each Plan of Subdivision are required on separate
CD Roms or DVDs.
Each CD Rom or DVD 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.
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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
PLAN OF SUB
LINE TYPE
CONTINUOUS
COLOUR
YELLOW (2)
The text, which describes the property lot numbers for the Plan of
Subdivision, will be isolated on a unique layer/level. The lot number
will be inserted as descriptive text.
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:
2063334 Ontario Inc.
255 Duncan Mill Road, Suite 801
Toronto, Ontario
M31 33H9
Or by Facsimile Transmission to: (416) 391-6703
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 51.1 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 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 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
That the Developer agrees to include in all offers of purchase and sale, a
statement that advises the prospective purchaser that the public schools on
designated sites in the community are not guaranteed. Attendance at schools yet
to be constructed in the area is also not guaranteed. Pupils may be
accommodated in temporary facilities and/or be directed to schools outside of the
area.
That the Developer agrees to include in all offers of purchase and sale a
statement which advises the prospective purchaser that school busses will not
enter cul de sacs and that pick up points will generally be located on through
streets, suitable to the Board. Additional pick-up points will not be located within
the subdivision until major construction activity has been completed.
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 "Homire Subdivision Township of Oro-
Medonte, Final Stormwater Management Design Report" and the "Stormwater
Management Pond - Maintenance Manual" dated June, 2007 and revised August
2008, prepared by C.C. Tatham & Associates Ltd; and stamped "Accepted For
Construction" by the Township Engineer on June 12, 2009.
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, 5.5, 5.7.2, 7.3, 7.9, 7.16, 8.1, 8.1.1, 8.1.3, 8.2, 8.3, 8.4, 8.5, 9.8
and Schedule "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.
1.15 ENUREMENT
This Agreement shall enure 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, may necessitate a
change in the provisions of this Agreement.
2.4 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 Homire Subdivision Township of Oro-Medonte, Final Stormwater
Management Design Report" and the "Stormwater Management Pond -
Maintenance Manual" dated June, 2007 and revised August 2008,
prepared by C.C. Tatham & Associates Ltd; and stamped "Accepted for
Construction" by the Township Engineer on June 12, 2009.
Drawing No.
Description
Cover Sheet
51 M-
Draft M-Plan
51 R-23534
Legal Plan - Hydro Easement
51 R-37003
Legal Plan - Hydro One Networks Inc.
Easements
51 R-
(Hydro Easement on top of subdivision plan)
GS-1
General Servicing Plan
SC-1
Siltation and Erosion Control Plan
LG-1
Lot Grading Plan
LG-2
Lot Grading Plan
LG-3
Lot Grading Plan
PP-1
Plan and Profile Galrich Court
PP-2
Plan and Profile Merrington Avenue
PP-3
Plan and Profile Merrington Avenue
PP-4
Plan and Profile Townline
SWM-1
Stormwater Management Plan Details
DP-1
Pre-Development Drainage Plan
DP-2
Post Development Drainage Plan
WAT-1
Water Distribution and Testing
D-1
Details and Notes
D-2
Details
D-3
Details
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D-4 Details
LP-1 Landscape Plan (Envision/Tatham)
LD-1 Planting Details and Notes (Envision/Tatham)
E1 Street Lighting Layout (Kirkland Engineering Ltd.)
E2 Street Lighting Wiring Dia. & Specifications (Kirkland
Engineering Ltd.)
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
2.4.3.7
Nottawasaga Valley Conservation Authority
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 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.
10
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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 Mortgage/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits, Development Charges and Security - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D", "F" and "H".
3.1.5 Construction/Engineering Plans and Specifications - have supplied to the
Township, those Plans and Specifications necessary to identify the
construction/engineering aspects of the proposed development, and have
received from the Township an acknowledgment of conformity with general
design concepts of the Township.
3.1.6 Electricity - have supplied to the Township for approval, those plans
necessary to identify the electrical distribution system, lighting
requirements, and power supply to each lot or building or unit, as the case
may be, and these are to be to the required Township standards, which
includes underground wiring.
3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate
confirming those coverages specifically set out hereafter.
3.1.8 Consulting Engineer'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, and Canada
Post, to write a letter to the Township Clerk confirming that:
3.1.9.1 They have been informed of the project and have seen the
development plans.
3.1.9.2 Satisfactory arrangements have been made with them for
servicing the subdivision without expense or obligation on the part
of the Township.
3.1.9.3 Easement requirements, if any.
3.1.10 Land Ownership- be the registered owner in fee simple of the lands
described in Schedule "A" and that there will be no encumbrances
registered against the said lands.
3.1.11 Approvals - obtain and file with the Township, confirmation approvals
from the following:
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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 Ministry of Natural Resources
3.1.11.5 County of Simcoe
3.1.11.7 Simcoe County District School Board
3.1.11.8 Simcoe Muskoka Catholic District School Board
3.1.11.9 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 Community 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 Approval - obtain an approval from the Fire Chief of the
Township confirming and approving of the proposed plans for fire
protection, and specifying any hydrants, or other equipment, or
appurtenances required.
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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 Registration
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, Telephone and Gas;
iv) the road, watermain and sewer plans and profiles.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Sewer Works, detention facilities and waterworks.
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 Scheduling 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 4.1.9.
4.1.6 Stormwater Management
A stormwater management report shall be prepared by the Developer's
Engineer for approval by the Township Engineer and the Nottawasaga
Valley Conservation Authority 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.
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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 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.
4.1.8 Siqns
Signs at least 1.2 metres by 1.8 metres shall be provided and erected by
the Developer at each entrance to the subdivision, at a location approved
by the Township Engineer, and the signs shall read as follows:
"ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK"
The signs shall be painted either orange or yellow with black lettering.
These signs shall be installed prior to the commencement of construction
and be removed after the issuance of the Certificate of Substantial
Completion and Acceptance (Aboveground Services).
4.1.9 Notification of Commencement and Completion
The Developer shall not commence the construction of any of the works
until the Developer has provided forty-eight (48) hours written notice to the
Township Engineer, of his intent to commence work.
The Developer shall complete the works expeditiously and continuously for
the first phase and all underground services shall be installed within one
year of the day of registration of this Agreement, and all aboveground
services shall be installed in accordance with the Declaration of Progress
and Completion, as required under Clause 7.12 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;
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
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standards, specifications and financial requirements of the Township, in
effect as of that date, is executed by all parties; or
b) Give notice to the Developer to stop work on the municipal services
and inform the Developer that the Township proposes to realize on its
security and proceed with the completion of construction in accordance
with the provisions of the Plans filed with the Township.
4.2 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 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 Drainage Act and
the Municipal Act, 2001, S.O. 2001, c.25 at present serving this property
and assessed against it.
These charges are set out in Schedule "F" of this Agreement.
NOTE: In addition to the Municipal Development Charges, the lots may be
subject to Simcoe County development charges, Simcoe County
Boards of Education 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.
C) 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 price.
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d) Application - any Letter of Credit or security filed with the Township is based
upon the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and security received by the
Township may be used as security for any item or any other matter, which
under the terms of this Agreement, is the responsibility of the Developer,
including, without limiting the generality of the foregoing, payment of
Engineering, legal, Planning, and Development Charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under the terms of this Subdivision Agreement, as well as development
charges and costs to acquire lands or interest therein.
e) Default - if, in the event of default of the Developer under any of the
provisions of this Agreement, it becomes necessary for the Township to
realize on its security or deposits, then the Township (its servants, agents or
sub-contractors) shall, if the Township so elects, have the right and privilege
at all times to enter upon the said lands for the purpose of repairing or
completing any work or services required to be completed by the Developer
under this Agreement.
f) Exceeding Cost Estimates - if the costs of completing such work or service
exceeds the amount of security held by the Township, such excess shall be
paid by the Developer to the Township, thirty (30) days after invoicing by the
Township. All overdue accounts shall bear interest at the rate of 12% per
annum.
g) Save Harmless - the Developer, on behalf of itself, its successors and
assigns, agrees to indemnify and save harmless the Township from and
against any and all claims, suits, actions and demands whatsoever which
may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to
complete the work or services required to be completed under this
Agreement, provided the subject matter of such action, suits, claims or
demands was not caused intentionally or through gross negligence on the
part of the Township, its servants or agents or sub-contractors.
h) Construction Lien Act - if the Township becomes obligated to make any
payments, or pay any costs under the provisions of Section 17(4) of the
Construction Lien Act, this will constitute a default and entitle the Township to
realize upon its security.
i) Surplus Funds - in the event that the Township cashes a Letter of Credit to
complete Township services or satisfy any obligations under this Agreement,
any surplus monies that remain after this work is completed shall, upon full
compliance by the Developer with the terms of this Agreement, be returned
to the issuing financial institution for transmission to that party that took out
the original Letter of Credit.
5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the
services based on the total estimated cost of works in the subdivision or in
an approved stage of the subdivision, and provided the Developer is in
compliance with all aspects of the Subdivision Agreement, the Developer
shall, as the work further proceeds to completion, have the privilege, on
application to the Township and upon certification of the Township Engineer,
of obtaining reductions of the cash or Letter of Credit deposited for the
installation of the services, in increments of not less than ten percent (10%).
Upon application for reduction of the securities, the Developer's Engineer
shall provide an estimate of the cost to complete the work. This amount,
when approved by the Township Engineer, shall be retained along with
twenty percent (20%) of the completed work estimate and the remainder
released. A further ten percent (10%) of the completed work estimate will be
released upon satisfactory assurance to the Township that there are no liens
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pursuant to the Construction Lien Act affecting lands conveyed or to be
conveyed to the Township within the Plan of Subdivision, pursuant to the
terms of this Subdivision Agreement.
5.7.2 Final Occupancy and Lot Grading Deposit - 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 a certified Engineer and approved by the Township
Engineer, the balance of the deposit shall be returned.
5.8 STATUTORY DECLARATION OF ACCOUNTS PAID
The Developer agrees that upon applying for a Discharge of Securities or for a
Certificate of Substantial Completion and Acceptance, or for a Certificate of
Maintenance and Final Acceptance for the services within the subdivision, or
upon applying for prior acceptance of the underground services, he shall supply
the Township with a Statutory Declaration that all accounts for work and materials
for said services have been paid and that the Construction Lien Act has been
complied with and that no liens thereunder have or can be registered, except
normal guarantee holdbacks, and that there are or will be no claims for liens or
otherwise in connection with such work done or materials supplied for or on
behalf of the Developer in connection with the subdivision.
5.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges,
expenses or obligations of the Developer under the provisions of this Subdivision
Agreement all of its right, title and interest in the said lands, and consents to the
registration of this Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.1 Policy 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 - such policy
shall carry limits of liability in the amount to be specified by the Township,
but in no event shall it be less than FIVE MILLION DOLLARS
($5,000,000.00) inclusive comprehensive general liability, environmental
impairment liability in an amount not less than FIVE MILLION DOLLARS
(5,000,000.00), and such policy shall contain:
a) a cross-liability clause;
b) product/completed operation coverage;
c) shall not have an exclusion pertaining to blasting, provided that any
blasting required to be done shall be done by an independent
contractor duly qualified to do such work;
d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days in advance of any
cancellation or expiry of the said insurance policy.
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5.10.4 Certificate of Coverage - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
includes (a), (b), (c) and (d) above and are in effect.
5.10.5 Confirmation of Premium Payment - the Developer shall, from time to
time as required by the Township, provide confirmation that all premiums
on such policy or policies insurance have been paid, and that the
insurance is in full force and effect. The Developer shall see that a copy
of the policy is filed with the Township.
5.10.6 Claim in Excess of Policy Limits - the issuance of such policy of
insurance shall not be construed as relieving the Developer from
responsibility for other or larger claims, if any, and for which it may be
held responsible.
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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 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 obtained substantial completion (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.
6.2 The existing Warminster Water Supply system has current surplus capacity to
allow for the connection of 23 additional lots. Two subdivisions within the
boundaries of Warminster have been draft approved as of the date of signing of
this agreement. The two Developments are the Homire Subdivision (2063334
Ontario Inc.) and the Warminster Acres Subdivision. Through previous
agreement, it was determined that the surplus water capacity would be split
amongst the two subdivisions with 8 lots for the Homire Subdivision (2063334
Ontario Inc.) and 15 lots for the Warminster Acres Subdivision.
6.2.1 Upgrades to the existing water system must be completed before each of
the proposed subdivisions can obtain additional water system capacity and
prior to the Township granting building permits for the remainder of the lots
in each subdivision. Securities in the amount of $418,000 are to be posted
with the Township for the pumphouse water supply system upgrades. The
Township Engineer must receive full payment of all outstanding accounts
regarding the design of the water supply system upgrades prior to making
the actual submission to the Ministry of Environment.
The Developer agrees not to apply, directly or indirectly through an agent,
assignee or otherwise, for a Building permit to the Township or its Chief
Building Official for any more than 8 Building Permits with respect to the
Plan of Subdivision until such time as the Township is satisfied that the
water supply system upgrades are completed.
6.2.2 The Homire Subdivision is exempt from Clause 6.2.1 and will be granted
the full 23 lots of capacity to use in either the Homire Subdivision or the
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Warminster Acres Subdivision or a combination of both subdivisions if the
following conditions have been met:
1. Proof of purchase of the Warminster Acres Subdivision by
the Developer of the Homire Subdivision is provided to the
Township;
2. Securities in the amount of $418,000 are to be posted with the
Township for the pumphouse water supply system upgrades.
3. The Township Engineer to receive full payment of all outstanding
accounts regarding the design of the water supply system
upgrades prior to making the actual submission to the Ministry of
Environment.
6.3 Once the Warminster Water Supply System Upgrades are complete and
securities are provided to the Township for the Water Reservoir and fire pumps
upgrades in the amount of $431,500 by the Developer, the additional water
system capacity (in excess of the 23 lots) will be available.
6.4 The Developer for the Homire Subdivision (2063334 Ontario Inc.) and the
Warminster Acres subdivision have initiated upgrades to the current water supply
system. The upgrades will allow for the connection of all proposed lots in these
two developments plus other development lands within the Warminster
community. The Township Engineer has designed the upgrades to the entire
water system for a submission to the Ministry of Environment. The incurred costs
for the design and construction was determined to be spilt between the Developer
(2063334 Ontario Inc.) and the owner of the Warminster Acres subdivision based
on the number of lots in each subdivision. To date, the Developer has paid his
portion of the engineering design of the water upgrades; however the owner of
the Warminster Acres subdivision has an outstanding account. The Township
Engineer must receive full payment of all outstanding accounts regarding the
design of the water supply system upgrades prior to making the actual
submission to the Ministry of Environment.
6.5 The Developer is required to submit a letter of credit or cash in the amount of
approximately $418,000 for the water supply system upgrades, and the amount
of approximately $431,500 for the related upgrades to the water reservoir and fire
pumps. The requirements for these securities are to adhere to Sections 5.6
SECURITIES.
These cash securities can be utilized for direct payment to the Contractor for
these water supply system upgrades and the upgrades to the water reservoir and
fire pumps, upon satisfactory recommendations by the Township and the
Township Engineer.
If these securities are deemed insufficient to make the required payments to the
Contractor, then the Developer must make payment to the contractor due to the
increased costs. Any increased costs will be considered for future Cost Recovery
in Section 6.7.
6.6 It is acknowledge by the Township that the Developer will be front-ending all
necessary costs related to the aforementioned upgrades. In the future, the
upgrades are to be cost shared by the Developer and other future developments
within the Warminster community area.
6.7 The Township agrees to provide its best efforts to obtain cost recovery of the
proportionate share of the costs of the water system upgrades; upgrades to water
reservoir and fire pumps; and the current engineering design and administrative
costs, and well upgrades. These current costs, which includes engineering
design and administrative costs, and well upgrades is in excess of $138,000 as of
April 2009.
Any reimbursement will be on a per lot basis. The Township shall make its best
effort to recover funds upon the development of additional properties which shall
require connection to upgraded water system, water reservoir and fire pumps.
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Upon the Township obtaining any cost recovery, this cost recovery shall be
provided to the Developer/Owner.
6.8 The Developer acknowledges and understands that the Township and its Chief
Building Official may refuse to accept any Building Permit Application that does
not comply with the provisions set out above.
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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 ONTARIO HYDRO
7.3.1 Any development in conjunction with the subdivision must not block
vehicular access to any Hydro facilities located on the right-of-way.
7.3.2 The subdivider shall make arrangements satisfactory to Ontario Hydro for
the crossing of the Hydro right-of-way by the proposed roads. A separate
proposal shall be submitted to Ontario Hydro's Huronia Area office for
these future road crossings.
7.3.3 The cost of any relocations or revisions to Ontario Hydro facilities which
are necessary to accommodate this subdivision will be borne by the
developer.
7.3.4 The easement rights of Ontario Hydro are to be protected and maintained.
7.4 PRESERVATION AND PLANTING OF TREES
7.4.1 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.
7.4.2 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.
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7.4.3 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.
7.5 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.
7.6 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.
7.7 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.
7.8 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.
7.9 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.
7.10 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
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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.
7.11 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.
7.12 DECLARATION OF PROGRESS AND COMPLETION
7.12.1 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.
7.12.2 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.
7.13 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.
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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.
7.14 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
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.
7.15 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.
7.16 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.
7.17 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 LG-1 to LG-3 prepared by
C.C. Tatham & Associates Ltd. Consulting Engineers, and approved by the
Township Engineer and the Township. Some fill and regrading of lots may be
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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
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 DP-2 prepared by C.C.
Tatham & Associates Ltd. Consulting Engineers, and approved by the Township
Engineer and the Township.
7.18 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage works
(including culverts, storm sewer, detention pond and 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
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(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 of Oro-Medonte and the Township Engineer, as a
further requirement to Clause 7.17. 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, in writing,
that the foregoing works have been carried out in accordance
with the approved Plans noted above.
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8.1.2 The Developer further agrees to construct all works required under
Clause 7.17, and as shown on the approved General Servicing Plan
89109-GS-1 and Lot Grading Plan 89109-LG-1 to 89109-LG-3,
Stormwater Management and Drainage Plans 89109-SWM-1 to 89109-
ODP-1, and Erosion Control Plan 89109-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:
(i) 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 7.17 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 4.1.8.
(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. A copy of the Receipt
showing payment to the Township must be provided to the Township
Engineer prior to their review of the Lot Development Plan.
(viii) All dead trees within the limit of the Plan have been removed.
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(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.
(A) 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.
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.
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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 7.4.
(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 $50.00/hr.
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 7.17 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.17 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 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 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
K.S. Hughes
Title
Mayor
Per
J. Douglas Irwin
Title
Clerk
2063334 ONTARIO INC.
Per
Galen Lam
Title Director
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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 2063334 ONTARIO INC.
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 Medonte), in the County of Simcoe,
and being composed of the whole of the lands described as follows:
Part of Lot 5, Concession 14, property description: PCL 5-2, SEC 51-MED-14; PT LT 5,
CON 14 MEDONTE, PTS 1, 2, 3, 4, & 5, 51R23534; SIT ME13739; ORO-MEDONTE,
being all of PIN 58530-0119 (LT), (former Township of Medonte), Township of Oro-
Medonte, County of Simcoe
38
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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 2063334 ONTARIO INC.
28 Lots
PLAN OF SUBDIVISION
51-M
39
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SCHEDULE"C"
NOTE: It is understood and agreed that this Sc
hedule forms part of the
Subdivision Agreement between the TO
WNSHIP OF ORO-MEDONTE
AND 2063334 ONTARIO INC.
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, wa
termains and appurtenances,
including service connections, all road works, includin
g roadside ditches in accordance
with the approved Engineering Drawings to service th
e Homire subdivision in the
Township of Oro-Medonte.
LIST OF DRAWINGS
C.C.TATHAM & ASSOCIATES LTD. (CONTRACT NO. 89109)
LEGAL PLAN
51R-
Legal Plan - Ontario Hydro Easement
51 R-23534
Legal Plan - Hydro One Networks Inc. Easements
51 R-37003
GENERALPLANS
General Servicing Plan
GS-1
SILTATION AND EROSION CONTROL
Siltation and Erosion Control Plan
SC-1
LOT GRADING PLANS
Lot Grading Plan
LG-1
Lot Grading Plan
LG-2
Lot Grading Plan
LG-3
PLAN AND PROFILE DRAWINGS
Plan and Profile Galrich Court
PP-1
Plan and Profile Merrington Avenue
PP-2
Plan and Profile Merrington Avenue
PP-3
Plan and Profile Townline
PP-4
STORMWATER MANAGEMENT PLAN AND DETAILS
Stormwater Management Plan Details
SWM-1
DRAINAGE PLANS
Pre-Development Drainage Plan
DP-1
Post Development Drainage Plan
DP-2
DESIGN STANDARD DRAWINGS
Water Distribution and Testing
WAT-1
Details and Notes
D-1
Details
D-2
Details
D-3
Details
D-4
40
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SCHEDULE "C" continued
LANDSCAPE PLAN (ENVISION/TATHAM) LP-1
PLANTING DETAILS AND NOTES (ENVISION.TATHAM) LD-1
STREET LIGHTING LAYOUT (KIRKLAND ENGINEERING LTD.) E1
STREET LIGHTING WIRING DIA. & SPECIFICATIONS E2
(KIRKLAND ENGINEERING LTD.)
Note: The aforementioned drawings were stamped "Accepted for Construction" by the
Township Engineer on May 20, 2009.
41
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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 2063334 ONTARIO INC.
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
A) Roadway construction complete including clearing
and grubbing, excavation, granular road base
materials, concrete curb and gutter, and two lifts
of asphalt
$401,180.00 $124,104.00 $277,076.00
B) Storm Drainage works complete, including storm
sewers, catchbasins, headwalls, culverts, detention pond,
infiltration trenches and siltation and erosion control
devices
$187,792.00 $75,662.00 $112,130.00
C) Watermain works complete including piping, valves, hydrants
services to lots, sample stations, PVR's and water treatment
Plant
.$202,030.00 $18,068.90 $183,961.10
D) Miscellaneous items such as regulatory signs, bollards,
fencing, steel beam guide rails, mailbox layby and
dead end barricades
$12,550.00 $10,550.00 $2,000.00
E) Electrical supply, including street lights and
transformers
.$29,800.00 $29,800.00 $0.00
SUB-TOTAL $833,352.00 $258,184.90 $575,167.10
F) 10% Allowance for Engineering and supervision $83,335.20 $25,818.49 $57,516.71
TOTAL $916,687.20 $284,003.39 $632,683.81
5% G.S.T. $45,834.36 $14,200.17 $31,634.19
TOTAL COST $962,521.56 $298,203.56 $664,318.00
LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT
Remaining Outstanding Work
$298,203.56
10% of Completed Work
$66,431.80
TOTAL SECURITIES REQUIRED BY TOWNSHIP
$364,635.36
Minus Pre-Servicing Agreement securities
-20,000.00
Minus External Works securities
-83,034.68
OUTSTANDING SECURITIES RETAINED BY TOWNSHIP $261,600.68
SECURITIES REQUIRED FOR THE WARMINSTER WATER SUPPLY SYSTEM
Warminster Water Supply System upgrades $418,000.00
Warminster upgrades to water reservoir and $431,500.00
fire pumps
42
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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 2063334 ONTARIO INC.
LIST OF LOTS REQUIRING SPECIAL ATTENTION
Refer to Part 6 of this Agreement.
43
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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 2063334 ONTARIO INC.
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 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 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 Charges 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.
44
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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 2063334 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
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 29 - Stormwater Management Pond
Block 31 - Access Block
Blocks 35 and 36 - 0.30 metre reserves
Blocks 32, 33 and 34 - Temporary turning circles
2.0 HYDRO ONE NETWORKS INC. EASEMENT
Part of PCL 5-2, SEC 51-MED-14; PT LT 5 CON 14 MEDONTE, now designated
as Parts 1, 2, 3, 4, 5, 6, 7 and 8, Plan 51R-37003; ORO-MEDONTE.
45
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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 2063334 ONTARIO INC.
PARKLAND
Cash-in-lieu-of
$13,000
46
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SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISIO
DEVELOPE
CONSULTING ENGINEER
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND 2063334 ONTARIO INC.
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 befo
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;
47
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4. The Developer further agrees and the Township is hereby authorized to
undertake any of the maintenance work as set out under Item 3 hereof, not
completed by him within 24 hours after receipt of such request for maintenance,
at his expense, and without limiting the generality of the foregoing, the
Township's cost shall be the cost of materials, equipment rental, labour, payroll
burden, plus 20% for overhead;
5. It is understood and agreed that should the Developer fail to construct the
remaining services to carry out the requirements of Item 3 as stipulated, and by
such dates and within such time limits as provided by this undertaking, the
Developer, notwithstanding the costs noted in Section 4, shall pay to the
Township, as predetermined liquidated damages, the sum of FIFTY DOLLARS
($50.00) for each and every calendar day the said services are behind schedule
of construction provided such delay is not caused by strikes or acts of God or
additional work being required by the Township.
2063334 ONTARIO INC.
Seal or Witness Date
48
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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 2063334 ONTARIO INC.
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.
49
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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
50
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-175
Being a By-law to Authorize the Execution of an Agreement
for Fire Dispatch Services between the Township of Oro-Medonte
and the City of Orillia
and to Repeal By-Law No. 2005-041
WHEREAS Section 20(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended,
provides that municipalities may enter into agreements with other municipalities for joint
undertakings;
AND WHEREAS Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as
amended, authorizes a municipality may establish, maintain and operate a centralized
communication system for emergency response purposes;
AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4 provides that a municipality may, under such conditions as may be specified
in the agreement, enter into an agreement to receive such fire protection services as
may be specified in the agreement from a fire department situated outside the territorial
limits of the municipality;
AND WHEREAS the Township of Oro-Medonte and the City of Orillia are desirous of
entering into an agreement for Fire Dispatch Services;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That the Township of Oro-Medonte enter into an agreement with the City of
Orillia for Fire Dispatch Services, a copy of which is attached hereto and forms
part of this By-law as Schedule "A°.
2. That the Mayor and Clerk are hereby authorized to execute the agreement on
behalf of the Corporation.
3. That this agreement comes into effect on the V t day of February, 2010 and shall
continue in force until the 3151 day of December, 2012.
4. That By-Law No. 2005-041 is hereby repealed in its entirety effective February,
1, 2010.
5. That this By-law shall come into full force and effect on its final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 9m DAY OF DECEMBER, 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
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MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 9th DAY OF
DECEMBER 2009
BETWEEN:
AND:
THE CORPORATION OF THE CITY OF ORILLIA
hereinafter called the "City"
OF THE FIRST PART
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter called the "Township"
OF THE SECOND PART
WHEREAS Section 116(1) of the Municipal Act, 2001 authorizes the
municipality to establish, maintain and operate a centralized communication system for
emergency purposes;
AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act,
S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection
services as may be specified in the agreement to lands and premises that are situated
outside the territorial limits of the municipality;
AND WHEREAS the Township and the City are desirous of entering into
an Agreement for the City to provide certain fire dispatch services to the Township;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and the mutual covenants and conditions herein
contracted, the Parties hereto do mutually covenant and agree as follows:
1. The Township agrees to install and maintain in the City's fire dispatch
centre at the Township's expense all radio equipment necessary to enable all Township
fire fighters to receive radio communications from the City's fire dispatch centre and to
enable two-way radio communications between all Township fire vehicles and the City
fire dispatch centre.
2. The Township agrees to supply its fire fighters with radio equipment
designed to receive fire call communications from the City's fire dispatch centre.
3. FIRE CALLS: The City agrees to answer fire calls for the Township and to
transmit such fire calls to the Oro-Medonte Township Fire Department.
4. OTHER FIRE SERVICE COMMUNICATION REQUIREMENTS: The City
agrees to transmit fire department related messages as required.
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-2-
5. The Township agrees to pay the City the $ 1.74 per capita rate for 2010
beginning February 1, 2010 for the service of dispatching the Township fire fighters and
fire apparatus based on the population shown in the current Ontario Municipal Directory
and updated annually during the term of this contract. Adjustments will be made each
subsequent January 1St as per the Consumers Price Index (annual average published
by Statistics Canada each preceding September) until the expiry of the contract on
December 31, 2012.
6. The Township agrees that should fire calls come in simultaneously from
the City and the Township to the City's Fire Hall, the City's call shall have preference.
7. The Township and the City shall each add the other party as an "additional
insured" on their respective General Liability Policies with respect to and arising out of
the operations and responsibilities undertaken by either party under this agreement.
8. The Township covenants and agrees that it will at all times indemnify and
save harmless the City and the members of the Orillia Fire Department or any other
person who may render or attempt to render assistance in the spirit of the Agreement
from all and any liability, claims, actions, suits or demands for damages or otherwise for
or by reason of or arising in any way from delivery of the fire service communications to
the Township.
9. The Township agrees that any cost of any modifications to City
dispatching hardware, the radio equipment, radio transmissions tower, or City telephone
systems which are required to satisfy the needs of the Township shall be assumed by
the Township.
10. In the event that the territory that the fire dispatch services are provided to
in the Township is expanded or reduced, the rates contained in this agreement will be
renegotiated accordingly.
11. The Township agrees to provide a large detailed scale map, street
directory, new subdivision layouts, etc. along with copies of all fire protection
agreements made between other municipalities and ambulance for fire and first aid
protection coverage. The map will be coloured so that the coverage areas agreed to
under the various fire protection agreements mentioned above can be easily identified.
This will be updated as required.
-3-
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12. The Township agrees to supply in writing the method and level that is
required to page fire calls, practices, ambulance assistance or tiered response or other
required dispatch protocol.
13. This agreement may be terminated by either party upon 90 days written
notice. An appropriate pro-rating of fees would be arranged.
This agreement comes into effect on the 1St day of February, 2010 and
shall continue in force until the 31St day of December, 2012.
Dated at the City of Orillia this day of , 20
THE CORPORATION OF THE CITY OF ORILLIA
MAYOR
CITY CLERK
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR, H.S. HUGHES
CLERK, J.D. IRWIN
HALegal Affairs\L04 Contracts\Communications\Comm Agrmt Oro-Medonte 10-12.doc
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-176
Being a By-law to Authorize the Execution of an Agreement
between the Township of Oro-Medonte and the City of Orillia
for the Provision of 9-1-1 Central Emergency Reporting Bureau (CERB) Services
and to Repeal By-Law No. 2007-027
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a
municipality to pass by-laws with respect to the health, safety and well-being of persons;
AND WHEREAS Section 20(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended,
provides that municipalities may enter into agreements with other municipalities for joint
undertakings;
AND WHEREAS Section 116(1) of the Municipal Act, 2001, R.S.O. 2001, c.25, as amended,
authorizes a municipality may establish, maintain and operate a centralized communication
system for emergency response purposes;
AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states
that it is the role of Council to ensure that the administrative policies, practices and procedures
are in place to implement the decisions of Council;
AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4
provides that a municipality may, under such conditions as may be specified in the agreement,
enter into an agreement to receive such fire protection services as may be specified in the
agreement from a fire department situated outside the territorial limits of the municipality;
AND WHEREAS Bell Canada supplies the Township of Oro-Medonte and the City of Orillia with
features and services which allow for the operation of a Central Emergency Reporting Bureau
(CERB);
AND WHEREAS the Township of Oro-Medonte wishes to contract with the City of Orillia for the
management and operation of the CERB using the features and services supplied by Bell
Canada;
AND WHEREAS the Township of Oro-Medonte and the City of Orillia are desirous of entering
into an agreement for 911 Central Emergency Reporting Bureau (C.E.R.B.) services;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby
enacts as follows:
1. That the Township of Oro-Medonte enter into an agreement with the City of Orillia for
911 Central Emergency Reporting Bureau (C.E.R.B.) services, a copy of which is
attached hereto and forms part of this By-law as Schedule "A".
2. That the Mayor and Clerk are hereby authorized to execute the agreement on behalf of
the Corporation.
3. That this agreement comes into effect on the 14`h day of March, 2010 and shall continue
in force until the 31st day of December, 2012.
4. That By-Law No. 2007-027 is hereby repealed in its entirety effective March 14, 2010.
5. That this By-law shall come into full force and effect on its final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 91h DAY OF DECEMBER, 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 124 of 128
Agenda Item # 18g) - Being a By-law to Authorize the Execution of an Agreement be...
MEMORANDUM OF AGREEMENT DATED IN TRIPLICATE THIS 9th DAY OF
DECEMBER, 2009
BETWEEN:
AND:
THE CORPORATION OF THE CITY OF ORILLIA
hereinafter called the "City"
OF THE FIRST PART
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter called the "Township"
OF THE SECOND PART
WHEREAS Section 116(1) of the Municipal Act, 2001 authorizes the
municipality to establish, maintain and operate a centralized communication system for
emergency purposes;
AND WHEREAS Section 2(5) of the Fire Protection and Prevention Act,
S.O. 1997, c.4 provides for the entering into of agreements to provide fire protection
services as may be specified in the agreement to lands and premises that are situated
outside the territorial limits of the municipality;
AND WHEREAS the Township and the City are desirous of entering into
an Agreement for the City to provide certain 911 Central Emergency Reporting Bureau
(C.E.R.B.) services to the Township;
AND WHEREAS Bell Canada has installed the 911 equipment and the
enhanced 911 system is operational for the City and the Township;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and the mutual covenants and conditions herein
contracted, the Parties hereto do mutually covenant and agree as follows:
1. The 911 answering bureau (C.E.R.B.) shall be a part of and located in the
City of Orillia Fire Department Communications Centre and they shall receive and
answer all emergency calls from the public and transfer them to the appropriate police,
fire and ambulance services.
2. The basic function of the 911 answering bureau (C.E.R.B.) shall be the
initial answering of the 911 calls from the public and transfer of those emergency calls
to the appropriate agency.
3. The City shall be responsible for the management and operation of the
911 answering bureau (C.E.R.B.), including equipment and personnel.
4. The City shall operate the 911 answering bureau (C.E.R.B.) twenty-four
(24) hours a day, seven (7) days a week.
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Agenda Item # 18g) - Being a By-law to Authorize the Execution of an Agreement be...
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5. The City shall staff the 911 answering bureau (C.E.R.B.) at a level
appropriate to efficiently handle call lines in a manner suitable for emergency
situations.
6. The City shall be responsible for the efficient operation of the 911
answering bureau (C.E.R.B.) and the rapid and accurate discharge of the duties of the
911 bureau operators and the selection and training of personnel.
7. The City shall log and tape-record all 911 calls and retain such logs and
recordings as required. The Township shall have reasonable access to review all tape
recordings and time records of the 911 answering bureau (C.E.R.B.) pertaining to any
911 situation that relates to that township.
8. The City shall provide a back-up Central Emergency Reporting Bureau
(C.E.R.B.) to which 911 calls will be directed in the event that the primary bureau is
unable to accept the calls for any reason.
9. The Township shall provide to Bell, in written form, all geographical
information, including street names, addresses and borders within their municipal 911
serving area, and shall be responsible for providing Bell with all changes that may occur
in any such geographical area during the term of the Agreement.
10. The Township agrees to pay to the City $0.80 per capita for 911 service
based on the population shown in the current Ontario Municipal Directory and updated
annually during the term of this contract until its expiry on December 31, 2012.
11. The City and the Township and representatives of the 911 emergency
services shall meet at least annually and more frequently if required, where issues
regarding the 911 answering service (C.E.R.B.) would be discussed.
12. The Township and the City shall each add the other party as an "additional
insured" on their respective General Liability Policies with respect to and arising out of
the operations and responsibilities undertaken by either party under this agreement.
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Agenda Item # 18g) - Being a By-law to Authorize the Execution of an Agreement be...
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13. The Township covenants and agrees that it will at all times indemnify and
save harmless the City and the members of the Orillia Fire Department or any other
person who may render or attempt to render assistance in the spirit of the Agreement
from all and any liability, claims, actions, suits or demands for damages or otherwise for
or by reason of or arising in any way from delivery of the 911 answering service
(C.E.R.B.) to the Township.
14. This agreement may be terminated by either party upon 90 days written
notice. An appropriate pro-rating of fees would be arranged.
15. This agreement comes into effect on the 14th day of March, 2010 and
shall continue in force for a two-year period until midnight on the 31st day of December,
2012.
Dated at the City of Orillia this day of 20_
THE CORPORATION OF THE CITY OF ORILLIA
MAYOR
CITY CLERK
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR, H.S. HUGHES
CLERK, J. DOUGLAS IRWIN
HALegal Affairs\L04 Contracts\Communications\911 Oro Medonte 10-12.doc
Page 127 of 128
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. 2009-169
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE
COUNCIL MEETING HELD ON WEDNESDAY, DECEMBER 9, 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 Wednesday,
December 9, 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 9th DAY OF DECEMBER,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 9th DAY OF
DECEMBER, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 128 of 128