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03 24 2010 Council AgendaTOWNSHIP OF ORO-MEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, MARCH 24, 2010 TIME: 7:00 P.M. Page 5-6 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 March 10, 2010 Council meeting. 7. RECOGNITION OF ACHIEVEMENTS: None. 8. PUBLIC MEETINGS: None. 9. DEPUTATIONS: a) Deputation Request re: Tow Truck Operations from AC Towing & Storage, First On Scene Roadside Assistance, Big Brian & Sons Towing Inc. and Steve's Towing. [Addenda] 10 a) 7-10 b) REPORTS OF MUNICIPAL OFFICERS: Memorandum correspondence dated March 24, 2010 from Andria Leigh, Director of Development Services, re: Repeal of Site Plan Agreement - Tanger & Cyr Child and Youth Resources Inc. - 160 Line 9 South [Refer to Item 18i)]. Report No. DS 2010-019, Andria Leigh, Director of Development Services, re: February 2010 Building Division Report. Page 1 of 150 Page Council Meeting Agenda - March 24, 2010. 10. REPORTS OF MUNICIPAL OFFICERS: 11-18 c) Report No. TES 2010-04, Jerry Ball, Director of Transportation and Environmental Services, re: Tender Results for: TES2010-01 - Hot Mix Paving, TES2010-02 - Slurry Seal, TES2010-03 - (Dark Journal) Virgin Oil, TES2010-04 - Supply, Haul, Mix and Pile Winter Sand, TES2010-05 - Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 - H.V. Area, TES2010-06 - Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 - Sugarbush, TES2010-07 - Roadside Grass Cutting for the Summer Seasons of 2010/2011/2012, TES2010-08 - Streetlight Maintenance for Two (2) Years from April 1, 2010 to March 31, 2012 with Option to Extend for Three - 1 Year Additional Terms - and - Quotation for One (1) 2010 Tandem Plow Truck C/W Harness, Two-Way Reversible Plow, Wing and Sand/Salt Body - and - 2010 Vehicle Quotations [to be distributed at meeting]. 19-21 d) Memorandum correspondence dated March 24, 2010 from Andria Leigh, Director of Development Services and Jerry Ball, Director of Transportation and Environmental Services re: Amendment to Homire Subdivision Agreement - By-Law No. 2009-174, Part of Lot 5, Concession 14, Warminister Sideroad. [Addenda] 11. REPORTS OF MEMBERS OF COUNCIL: a) Councillor Crawford, re: Parking Line 7 South and Permitted Parking Zones. [Addenda] 12. REPORTS OF COMMITTEES: a) Minutes of Committee of the Whole meeting of March 17, 2010. 22-29 b) Minutes of Committee of Adjustment meeting held on March 18, 2010. 30-61 c) Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) meeting held on March 18, 2010. 13. CONSENT AGENDA: 62 a) Correspondence dated March 11, 2010 from Connie Brown, Secretary, Simcoe County Federation of Agriculture re: OMAFRA Livestock Evaluator Course, Tuesday, April 20, 2010, Simcoe County Museum. Staff Recommendation: Receipt. 14. COMMUNICATIONS: None. 15. NOTICE OF MOTIONS: None. Page 2 of 150 Page Council Meeting Agenda - March 24, 2010. 16. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN: None. 17. IN-CAMERA ITEMS: None. 18. BY-LAWS 63-116 a) By-Law No. 2010-059 Being a By-Law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 2008628 Ontario Ltd. 117-118 b) By-Law No. 2010-061 A By-law to Assume and Establish Highways Within the Township of Oro-Medonte Plan 51 M-746. 119-126 c) By-Law No. 2010-062 A By-Law To Authorize the Sale of Part of the Road Allowance knows as Lakeview Avenue, Plan 798, (PIN #58559-0176 (LT)), closed by Oro By-law 90-56, registered as Instrument R0112109, more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), closed by Oro By-law 90-56, registered as Instrument R0112109, more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro- Medonte; County of Simcoe And To Permanently Close and Sell Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51R- 37008; Cedar Walk (PIN #58559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559-0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro- Medonte, County of Simcoe And To Repeal By-law Nos. 2006-032 and 2006-037. 127-130 d) By-Law No. 2010-063 Being a By-Law to Regulate the Construction of Driveway Entrances Upon the Highways Under the Jurisdiction of The Corporation of the Township of Oro-Medonte and to Repeal By-Law No. 2005-137. Page 3 of 150 Page Council Meeting Agenda - March 24, 2010. 18. BY-LAWS 131-134 e) By-Law No. 2010-064 Being a By-Law to Authorize the Execution of an Agreement Between The Township of Oro-Medonte and 1588429 Ontario Limited, o/a Ron Burton & Sons, for Tender Contract RC 2010-01, Schedule "B" Parks - Aeration and Fertilization. 135-141 f) By-Law No. 2010-065 Being a By-Law to Authorize the Execution of an Agreement Between The Township of Oro-Medonte and Perry Wright Maintenance, for Tender Contract RC 2010-01, Schedule "A" Parks - Grass Cutting and Trimming. 142 g) By-Law No. 2010-067 A By-law to Appoint Municipal Weed Inspectors and to Repeal By-law No. 2009-032. 143-146 h) By-Law No. 2010-068 A By-law to authorize the Sale of Surplus Land Part of Lot 5, Concession 14 (Medonte), being Part 2, Plan 51 R-32598, 1803 Warminster Sideroad (PIN # 58530- 0341 (LT)) Township of Oro-Medonte, County of Simcoe. 147 i) By-Law No. 2010-069 A By-law to Repeal By-law No. 2005-040 "A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Elizabeth Tanger & Cyr Child and Youth Resources Inc. described as lands as follows: 160 Line 9 South, Part of Lot 21, Concession 9, designated as Part 1, Plan 51R-10632 Being all of PIN # 58549-0052 (LT); Township of Oro-Medonte, County of Simcoe Roll# 4346-010-009-07600". 148-149 j) By-Law No. 2010-070 A By-law to Appoint a Deputy Treasurer. 19. CONFIRMATION BY-LAW 150 a) By-Law No. 2010-060 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, March 24, 2010. 20. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM 21. ANNOUNCEMENTS 22. ADJOURNMENT a) Motion for Adjournment. Page 4 of 150 - Memorandum correspondence dated March 24, 2010 from Andria L... MEMORANDUM To: Council Toit, a hi,p t 4', I'rcrud 3 << ; ita e, .tea; t t is Fut e From: Andria Leigh, Director of R.M. File D1114227 Development Services Date: March 24, 2010 Roll 010-009-07600 Subject: Repeal of Site Plan Agreement -Tanger & Cyr Child and Youth Resources Inc. -160 Line 9 South In April 2005, Council entered into a Site Plan agreement on the above noted property in order to regulate the group home to be operated on the property. In early March 2010 we received a request in writing from the landowner advising that the property is no longer used as a group home and they are requesting the agreement currently registered on the title to their property to be released. In order to complete the request, the original By-law to authorize the execution of the Site Plan Agreement is required to be repealed. Upon adoption by Council, the By-law is registered on the title to the property and the original site plan agreement becomes null and void as requested by the landowner. Should a future landowner wish to re-institute such a use on the property, a planning approval-site plan process would be required to be considered by Council. It is recommended that: 1. This memo be received and adopted; 2. That By-law 2010-069 authorizing the repeal of By-law 2005-040 be adopted by Council; and 3. That the landowner be advised of Council's decision. Respectfully submitted, Andria Leigh, MCIP, PP Director of Development Services Page 5 of 150 - Memorandum correspondence dated March 24, 2010 from Andria L... MAR 0 1 2910 " :'SHIP _ 'Wednesday, March 03, 2010. To: Township of Oro Medonte, Andria Leigh. From: Elizabeth Tanger & John Greiner. Re Property: 160 Line 9 S, concession 9, being part 3 on plan 51R10632(Oro) Dear Andria Leigh, Regarding our correspondence September, 2009, I am now submitting this request. This is written notice. that the above said property is not currently being used as a group home and we request the authorization to have the agreement removed from title regarding the operation and registration of a group home. We request this matter be brought before council at the next meeting. Best Regards. J Gr 'ner. f l ger. Page 6 of 150 - Report No. DS 2010-019, Andria Leigh, Director of Developmen... ,19 J REPORT'.''' Freud llei .ige, ExckC,, 1-,ut are Report No. DS 2010-019 To: Council Prepared By: Kim Allen Meeting Date: March 24,2010 Subject: February 2010 Building Motion # Division Report Roll R.M.S. File I RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. That Council receive report # DS2010-019 for information I BACKGROUND: This report is to provide for Council information on building permit activity to the end of February 2010. (See attachment # 1) I ANALYSIS. I FINANCIAL. I POLICIES/LEGISLATION: Development Services Meeting Date March 24,2010 Report No. DS2010-019 Page 7 of 150 - Report No. DS 2010-019, Andria Leigh, Director of Developmen... CONSULTATIONS: ATTACHMENTS: Permit Report for the end of February 2010 CONCLUSION: Respectfully submitted: Kim Allen Chief Building Official SMT Approval / Comments: C.A.O. Approval 1 Comments: .-A . `,0 Development Services Meeting Date March 24,2010 Report No. DS2010-019 Page 8 of 150 - Report No. DS 2010-019, Andria Leigh, Director of Developmen... Township of Ora-Medonte For the Month of February 2010 2010 2009 This This Period To Date Period To Date Number of Permits Issued: 22 37 12 26 Agr/Add/RenoiDemo 1 ComAnd/Pub 1 2 1 1 House Demolition 1 1 1 Pool 1 1-- Renovation Septic 8 10 1 2 Septic Replace/Repair _ SFD House 4 6 3 3 SFDAdd/Reno/Dem 1 Signs - 1 1 Small Projects 4 7 1 7 Tent 1 1 Other 5 6 1 2 Cancelled 3 1 7 2010 2009 Fees Collected: _ This Period To Date This Period _ To Date Building Permit Fee $11,499.04 Septic Deposit $3,775.00 Totals: $15,274.04 Construction Value of Permits Issued For: $27,579.11 $4,885.00 $32,464.11 $2,911.72 $650.00 $3,561.72 2010 $10,342.77 $1,430.00 $11,772.77 2009 Agr/AddlReno/Demo This Period To Date $4,000.00 Com11nd/Pub This Period $150,000.00 $300,000.00 To Date $168,000.00 $300,000.00 House Demolition This Period $10,000.00 To Date $12,000.00 $10,000.00 Pool This Period $39,000.00 To Date _ $39,000.00 Renovation This Period To Date Septic This Period $56,106.00 $10,000.00 To Date $79,100.00 $18,000.00 Septic Replace/Repair This Period To Date irtui.;Jay March ; 1, 2070 ; l:vi.ui rlivi (aaen) Page 1 o€2 Page 9 of 150 - Report No. DS 2010-019, Andria Leigh, Director of Developmen... Township of Oro-Medonte For the Month of Februar y 2010 2010 2009 This Thls Period To_Date _ Period To Date SFD House This Period $700,000.00 $700,000.00 To Date $1,650,000.00 $700,000.00 SFDAdd/Reno/Dem This Period To Date $10,000.00 Signs This Period $15,0 00.00 To Date _ $15,000.00 Small Projects This Period $118,000.00 $10,000.00 To Date $372,000.00 $80,500.00 Tent This Period $1,500.00 To Date $1,500.00 Other This Period $1,400.00 $0.00 To Date $1,400.00 $0.00 Cancelled This Period $0.00 To Date $299,000.00 $10,000.00 Total Value of Permits To Date: $2,296,500.00 $1,164,000.00 (Not including cancelled permits) Education Development Public To Date: $718.00 Education Development Separate To Date: $370.00 Simcoe County Development To Date: $4,067.00 Cancelled To Date: $4,588.85 $700.00 In Total Number of Permits in process: Process Value Agr/Add/Reno/Demo 2 $55,000.00 Pool 1 $0.00 Septic 16 $128,000.00 SFD House 4 $1,435,000.00 SFDAdd/Reno/Dem 2 $43,000.00 Small Projects 8 $243,000.00 Cancelled 1 $4,100.00 34 $1,908,100.00 Thursday March 19, 2u t u 17:07:51 AM (alien) rayo t Page 10 of 150 - Report No.... REPQRT~ ' C good heritage, Exciat:j urure Report No. To: COUNCIL Prepared By: TES2010-04 Jerry Ball Meeting Date: Subject: Motion # March 24, 2010 Tender Results for: Roll TES2010-01 - Hot Mix Paving TES2010-02 - Slurry Seal R.M.S. File TES2010-03 - (Dark Journal) Virgin Oil TES2010-04 - Supply, Haul, Mix and Pile Winter Sand TES2010-05 - Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 - H.V. Area TES2010-06 - Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 201212013 - Sugarbush TES2010-07 - Roadside Grass Cutting for the Summer Seasons of 2010/2011/2012 TES2010-08 - Streetlight Maintenance for Two (2) Years from April 1, 2010 to March 31, 2012 with Option to Extend for Three -1 Year Additional Terms -and- Quotation for One (1) 2010 Tandem Plow Truck C/W Harness, Two-Way Reversible Plow, Wing and Sand/Salt Body -and- 2010 Vehicle Quotations I RECOMMENDATION(S): Requires Action For Information Only It is recommended that: 1. THAT Report No. TES2010-04 be received and adopted 2. THAT the following tenders be awarded: Transportation and Environmental Services March 24, 2010 Report No. TES2010-04 Page 1 of 8 Page 11 of 150 - Report No.... CONTRACT NO. DESCRIPTION CONTRACTOR TOTAL AMOUNT TES2010-01 Hot Mix Paving K. J. Beamish Construction $ 624,625.77 (North) Co. Limited Coco Paving Inc. $1,045,613.91 South TES2010-02 Slurry Seal Duncor Enterprises Inc. $273,602.70 TES2010-03 "Dark Journal" Da-Lee Dust Control $116,363.52 Virgin Oil TES2010-04 Supply, Haul, Mix Dalton R. Lowe and Sons $85,844.78 (South) and Pile Winter Construction Ltd. $68,927.88 (North) Sand CONTRACT Standby I i Standby Standb NO. DESCRIPTION CONTRACTOR 201012011 Time 2011/2012 Time 2012/2013 Time TES2010-05 Snow Plowing Kevin $63.00 $350.00 ' $63.00 $350.00 $63.00 $350.00 and Sanding Woodrow per hour per day per hour per day per hour per day for the Winter Seasons of 201012011, 201112012 and 201212013 H.V. Area TES2010-06 Snow Plowing Kevin $63.00 $310.00 $63.00 $310.00 $63-00 $310.00 and Sanding Woodrow per hour per day per hour per day per hour per day for the Winter Seasons of 201012011, 2011/2012 and 201212013 Su arbush CONTRACT - - NO. DESCRIPTION CONTRACTOR 2010 2011 2012 TES2010-07 Roadside Grass Ron Burton $5,300.00 $5,500.00 $5,600.00 Cutting for the and Sons Summer Seasons of 20101201112012 CONTRACT NO. DESCRIPTION CONTRACTOR TOTAL AMOUNT TES2010-08 Streetlight Maintenance for Two Alineutility Limited $14,471.10 (2) Years from April 1, 2010 to (for Two Years) March 31, 2012 with Option to Extend for Three - 1 Year Additional Terms Transportation and Environmental Services March 24, 2010 Report No. TES2010-04 Page 2 of 8 Page 12 of 150 - Report No.... 2010 Vehicle Quotations: NAME OF DEALERSHIP TWO (2) 2010'/z TWO (2) 2010 FOUR I ONE (1) 2010 3/a TON PICK-UPS DOOR SMALL SUV's ! TON WORK VAN Tom Smith Chevrolet $18,176.05 Oldsmobile Ltd. each Centennial Plymouth Chrysler $23,278.00 Ltd. each Jim Wilson Chevrolet Pontiac $27,470.30 Buick GMC Inc. *(Taxes included in above prices)* One (1) 2010 Tandem Plow Truck: NAME OF DEALERSHIP ONE (1) 2010 TANDEM PLOW TRUCK C/W HARNESS, TWO-WAY REVERSIBLE PLOW, WING AND SAND/SALT BODY Lewis Motor Sales Inc. $193,465.04 *(Taxes included in above price)* 3. AND THAT the respective Contractors be notified accordingly. BACKGROUND: Advertisements for the following Tender Contracts were placed in the Barrie and Orillia Newspapers and were opened at the Administration Centre on Friday, March 19, 2010 at 10:00 a.m. The Director of Transportation and Environmental Services, the Committee Co-ordinator and members of the public were present during the opening: Contract No. TES2010-01 Hot Mix Paving Contract No. TES2010-02 Slurry Seal Contract No. TES2010-03 (Dark Journal) Virgin Oil Contract No. TES2010-04 Supply, Haul, Mix and Pile Winter Sand Contract No. TES2010-05 Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (H.V. Area) Contract No. TES2010-06 Snow Plowing and Sanding for the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 (Sugarbush) Contract No. TES2010-07 Roadside Grass Cutting for the Summer Seasons of 2010/2011/2012 Contract No. TES2010-08 Streetlight Maintenance for Two (2) Years from April 1, 2010 to March 31, 2012 with Option to Extend for Three - 1 Year Additional Terms - and - Quotation for One (1) 2010 Tandem Plow Truck C/W Harness, Two-Way Reversible Plow, Wing and Sand/Salt Body - and - 2010 Vehicle Quotations Transportation and Environmental Services March 24, 2010 Report No. TES2010-04 Page 3 of 8 Page 13 of 150 - Report No.... I ANALYSIS: The results of the tender contract opening for Hot Mix Paving are as follows: CONTRACT NO. TES2010-01 HOT MIX PAVING 1) K. J. Beamish Construction Co. Limited 2) Coco Paving Inc. 3) Georgian Paving and Construction 4) Lisbon Paving Co. Ltd. $1,073,418.99 (South Yard) $ 624,625.77 (North Yard) $1,045,613.91 (South Yard) $ 640,922.30 (North Yard) $1,166,191.95 (South Yard) $ 674,292.68 (North Yard) $1,072,094.63 (South Yard) $ NO BID RECD. (North Yard) It is recommended that the tender from K. J. Beamish Construction Co. Limited be accepted at a low tender amount of $624,625.77 for the North Yard and the tender from Coco Paving Inc. be accepted at a low tender amount of $1,045,613.91 for the South Yard. The results of the tender contract opening for Slurry Seal are as follows: CONTRACT NO. TES2010-02 SLURRY SEAL 1) Duncor Enterprises Inc. $273,602.70 $1.585/sq.m. 2) Miller Paving Limited It is recommended that the tender from Duncor Enterprises Inc. be accepted at a low tender amount of $273,602.70. The results of the tender contract opening for "Dark Journal" Virgin Oil are as follows: $301,567.14 $1.747/sq.m. CONTRACT NO. TES2010-03_ "DARK JOURNAL" VIRGIN OIL 1) Da-Lee Dust Control $116,363.52 $.80 cents/litre 2) Miller Paving Limited $151,272.58 $1.04/I itre It is recommended that the tender from Da-Lee Dust Control be accepted at a low tender amount of $116,363.52. Transportation and Environmental Services Report No. TES2010-04 March 24, 2010 Page 4 of 8 Page 14 of 150 - Report No.... The results of the tender'contract opening for Supplying, Hauling, Mixing and Piling Winter Sand are as follows: CONTRACT NO. TES2010-04 SUPPLY, HAUL, MIX AND PILE WINTER SAND 1) Dalton R. Lowe & Sons Construction Ltd 2) Duivenvoorden Haulage Ltd. 3) G. Priest Construction Limited $85,844.78 (South Yard) $68,927.88 (North Yard) $93,753.84 (South Yard) $74,193.54 (North Yard) $88,242.92 (South Yard) $70,275.00 (North Yard) It is recommended that the tender from Dalton R. Lowe and Sons Construction Ltd. be accepted at a low tender amount of $85,844.78 for the South Yard and $68,927.88 for the North Yard. The results of the tender contract opening for Snow Plowing and Sanding for the Winter Seasons of 201012011, 201112012 and 201212013 for the Horseshoe Valley Area are as follows: I.VIVIMAuI NO. ' DESCRIPTION I CONTRACTOR 2010/2011 j oianuuy Tine 2011/2012 Jianany I Time I 2012/2013 , standby Time I L8201 U-05 Snow Mowing Duivenvoorden $94.50 $300.00 $96.40 $310.00 $99.30 $320.00 & Sanding for Haulage Ltd. per hour per day per hour per day per hour per day the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 H.V. Area TES2010-05 Snow Plowing Kevin Woodrow $63.00 $350-00 $63.00 $350.00 $63.00 $350.00 & Sanding for per hour per day per hour per day per hour per day the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 H.V. Area It is recommended that the tender from Kevin Woodrow be accepted at a low tender amount of $63.00 per hour for each winter season. The daily rate for the Standby Time is $350.00 for each winter season. Transportation and Environmental Services March 24, 2010 Report No. TES2010-04 Page 5 of 8 Page 15 of 150 - Report No.... The results of the tender contract opening for Snow Plowing and Sanding for the Winter Seasons of 201012011, 201112012 and 201212013 for Sugarbush are as follows: CONTRACT Standby Standby Standby NO.___[- DESCRIPTION CONTRACTOR 2010/2011 Time 2011,,2012 Time 2012/2013 Time TES2010-06 Snow Plowing Duivenvoorden $94.50 $300.00 $96.40 $310.00 $99.30 $320.00 & Sanding for Haulage Ltd. per hour per day per hour per day per hour per day the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 Su arbush TES2010-06 Snow Plowing Kevin Woodrow $63.00 $310.00 $63.00 $310.00 $63.00 $310.00 & Sanding for per hour per day per hour per day per hour per day the Winter Seasons of 2010/2011, 2011/2012 and 2012/2013 Su arbush It is recommended that the tender from Kevin Woodrow be accepted at a low tender amount of $63.00 per hour for each winter season. The daily rate for the Standby Time is $310.00 for each winter season. The results of the tender contract opening for Roadside Grass Cutting for the Summer Seasons of 20101201112012 are as follows It is recommended that the tender from Ron Burton and Sons be accepted at a low tender amount of $5,300.00 for 2010, $5,500.00 for 2011 and $5,600.00 for 2012. The results of the tender contract opening for Streetlight Maintenance for Two (2) Years from April 1, 2010 to March 31, 2012 with the Option to Extend for Three - 1 Year Additional Terms are as follows: Transportation and Environmental Services March 24, 2010 Report No. TES2010-04 Page 6 of 8 I : 2010 - ---2011 2012 CONTRACT NO. DESCRIPTION CONTRACTOR Unit Price ! Unit Price Unit Price TE52010-07 Roadside Grass Ainger $52,999.50 $54,854.50 $56,774.40 Cutting for the Enterprises ($90.00lhaur) {$100.00/hour} {$110.00lhour} Summer Seasons of 2010/201112012 TES2010-07 Roadside Grass Pilger $30,000.00 $30,900.00 $31,850.00 Cutting for the Equipment ($80.00/hour) {$82.50/hour} ($85.00/hour) Summer Seasons Sales of 2010/2011/2012 TES2010-07 Roadside Grass Ran Burton and $5,300.00 $5,500.00 $5,600.00 Cutting for the Sans ($54A0/hour} {$55.00lhour} ($56.00/hour) Summer Seasons of 20101201112012 Page 16 of 150 - Report No.... CONTRACT NO. TES2010-08 STREETLIGHT MAINTENANCE 1) Alineutility Limited $14,471.10 (for Two Years) 2) Langley Utilities Contracting Ltd. $20,319.60 (for Two Years) 3) Minnings Electrical Service Ltd. $23,962.83 (for Two Years) It is recommended that the tender from Alineutility Limited be accepted at a low tender amount of $14,471.10 for the two (2) year period from April 1, 2010 to March 31, 2012. The results of the quotation opening for Two (2) 2010 Y Ton Pick-Ups, Two (2) 2410 Four Door Small SUV's and One (1) 2010 I Ton Work Van are as follows: 1 TWO (2) 2010 TWO (2) 2010 ONE (1) 2010 314 TON NAME OF DEALERSHIP TON PICK- FOUR DOOR WORK VAN UPS SMALL SUV's i Centennial Plymouth $20,905.00 $23,278.00 NO BID RECD. Chrysler 1973 Ltd. Georgian Truck Centre $28,420.00 $30,525.00 $35,050.00 Hanna Motor Sales Co. Ltd. $20,336.61 $32,814.52 $27,685.00 - 2009 $29,062.47 - 2010 Jim Wilson Chevrolet $16,640.00 $32,520.00 $27,470.30 Pontiac Buick BEFORE BEFORE (TAXES INCLUDED) GMC Inc. TAXES TAXES Midland Honda NO BID RECD. $29,545.98 NO BID REC'D. Midland Toyota $26,308.79 $34,297.74 NO BID REC'D. Moffatt's Northwood Mazda NO BID REC'D. $32,688.87 NO BID REC'D. Tom Smith Chevrolet $18,176.05 $27,956.20 $27,625.00 Oldsmobile Ltd. *(Taxes included in above prices)* Transportation and Environmental Services Report No. TES2010-04 .h 24, 2010 Page 7 of 8 Page 17 of 150 - Report No.... The results of the quotation opening for One (1) 2010 Tandem Plow Truck C!W Harness, Two-Way Reversible Plow, Wing and Sand/Salt Body are as follows: ONE (1) 2010 TANDEM PLOW TRUCK C!W NAME OF DEALERSHIP HARNESS, TWO-WAY REVERSIBLE PLOW, WING AND SAND/SALT BODY Complete Western Star 1 $200,986.32 Currie Truck Centre j $209,389.00 Lewis Motor Sales Inc. ( $193,465.04 *(Taxes included in above prices)* FINANCIAL: POLICIES/LEGISLATION: CONSULTATIONS: ATTACHMENTS: CONCLUSION: Respectfully submitted: Q~~ Jerry Ball, C. R.S.S. Director of Transportation and Environmental Services SMT Approval / Comments: C.A.O. Approval / Comments: W Transportation and Environmental Services March 24, 2010 Report No. TES2010-04 Page 8 of 8 Page 18 of 150 - Memorandum correspondence dated March 24, 2010 from Andria L... MEMORANDUM To: Council From: Andria Leigh, Director of R.M. File D1205050 Development Services and Jerry Ball, Director of Transportation and Environmental Services Date: March 24, 2010 Roll 020-004-14300 Subject: Amendment to Homire Subdivision Agreement -By-law 2009-174 Part of Lot 5, Concession 14, Warminster Side Road In December 2009, Council entered into a Subdivision Agreement for the above noted development which consisted of 28 residential lots. Part 6 of the agreement identified requirements for the upgrading of the Warminster water system and identified there was a current water system surplus capacity of 23 residential units in the existing system before the upgrades were to be completed. As a result of previous negotiations the Homire development was to be permitted 8 of the available 23 residential units and the other draft approved plan (Warminster Acres) was permitted the additional 15 residential units. The Subdivision Agreement therefore stipulated to permission for the Homire development to submit 8 residential units within the Homire subdivision prior to the water system upgrades being completed and further stated that should the developer intended to obtain additional residential units to the maximum of 23 residential units, the developer was to submit securities in the amount of $ 418,000 for the completion of the pumphouse water supply system upgrades and confirmation of proof of purchase of the Warminster acres plan of subdivision in order to obtain the additional 15 building permits. The Homire developer has provided the land transfer documentation confirming their ownership of the Warminster Acres draft plan lands and has submitted a request for alternate consideration of the submission of the identified securities. The Township received a request from the developer (email attached) proposing to pro-rate the securities to $ 28,000 per lot to be collected at the time of issuance of the zoning certificate and prior to submission of each building permit, rather than the lump sum payment identified in the subdivision agreement. For the 15 additional permits this would total $ 420,000. The proposed revision to the collection of the water system upgrade securities will permit the developer to continue with the construction of additional dwellings in the subdivision in the short term. As noted in their correspondence they currently intend to submit two additional permits for construction that would be anticipated to be completed in July of this year. Page 19 of 150 - Memorandum correspondence dated March 24, 2010 from Andria L... The pro-rated approach would only permit a maximum of 15 additional building permits to be issued for the total of 23 building permits in the subdivision as this is the available surplus capacity without the water system upgrades being completed. In order for the 24th permit to be submitted and issued, in accordance with the terms of the subdivision agreement, the water system supply system upgrades are required to have been completed and securities in the amount of $ 431,000 are required to be posted by the developer for the water reservoir and fire pumps upgrades. Township Staff and the Township's engineering consultant reviewed the developer's request on March 23 and would not object to Council supporting the request from the developer to submit pro- rated fees on a per lot basis. It is recommended that: 1. This memo be received and adopted; 2. That Council authorize the pro-rated collection of the pumphouse water supply system upgrades at a rate of $ 28,000.00 per lot to be collected at time of zoning certificate issuance; 3. That the developer be advised of Council's decision. Respectfully submitted, Andria Leigh, MCIP, PP Jerry Ball, CRSS Director of Development Services Director of Transportation & Environmental Services -2- Page 20 of 150 - Memorandum correspondence dated March 24, 2010 from Andria L... Leigh, Andria From: Galen Lam [galenlam @triblockgroup.ca] Sent: March 17, 2010 1:48 PM To: Leigh, Andria Subject: FW: Homire Subdivision (Warminster) Hi Andria, I just want to keep you inform on our yesterday meeting with Mayor Hughes. See below email for details. Galen From: Galen Lam [mailto:galeniam@triblockgroup.ca] Sent: March-17-10 12:45 PM To: Harry Hughes (Mayor) (harry.hughes@oro-medonte.ca) Subject: Homire Subdivision (Warminster) Dear Mayor Hughes, Thank you for your time to discuss our recent land acquisition on the Warminster Acres subdivision at the Township of Ora-Medonte. We are also the developer and the builder for Homrie Subdivision which recently registered on a plan of subdivision and occupied by 4 new residents. This year we have applied 4 building permits to construct and scheduled to take occupancy by June 30, 2010. In accordance to the subdivision agreement clause 6.2.2, for any additional permits capacity; securities in the amount of $418,000 are required prior to additional 15 building permits. As we proposed in our meeting, we would like for your consideration to amend the securities method to a pro-rated of $28,000/ lot upon building permit application rather than a lump sum securities. We will apply 2 additional permits as soon as we have your support on our proposed method of securities and have occupancy by July 30, 2010. We look forward to your support and recommendation on this matter. Regards, Galen Lam Director 2063334 Ontario Inc. Page 21 of 150 - Minutes of Committee of Adjustment meeting held on March 18,... }~roirst HeI,ir,r e, Exf ihn,q Fware Thursday, March 18, 2010 Present: Bruce Chappell, Chair Lynda Aiken Michelle Lynch Regrets: Roy Hastings Garry Potter 9:30 a.m. Staff present: Steven Farquharson, Secretary Treasurer/Intermediate Planner Marie Brissette, Deputy Secretary Treasurer/Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. Motion No. CAI 00318-01 Moved by Lynch, Seconded by Aiken It is recommended the agenda for the Committee of Adjustment meeting of Thursday, March 18, 2010 be received and adopted. Carried 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None declared. 4. ADOPTION OF MINUTES a) Minutes of Committee of Adjustment meeting held on Thursday, January 21, 2010. Motion No. CA100318-02 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, January 21, 2010 be adopted as printed and circulated. Carried. Page 1 of 8 THE TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Page 22 of 150 - Minutes of Committee of Adjustment meeting held on March 18,... Committee of Adjustment Minutes - Thursday, March 18, 2010 5. PUBLIC MEETINGS: a) 2009-A-29, Horseshoe Resort Skyline/Smout; 3101 Line 3 North, Pt Lots 1 & 2, Concession 3 & 4 (Formerly Township of Oro); Variance from permitted use to erect a building for storage purposes. Motion No.CA100318-03 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment approves Variance Application 2009-A-29, being to permit a business which operates a training school for recreational vehicles, (i.e. snowmobiles, ATVs and other off-road vehicles), subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 2 of 8 Page 23 of 150 - Minutes of Committee of Adjustment meeting held on March 18,... Committee of Adjustment Minutes -Thursday, March 18, 2010 b) 2010-A-02, Nancy Rouse; 1109 Woodland Drive, Plan 993, Lot 22 (Former Township of Orillia); Variance from minimum front yard setback construct an addition to the existing dwelling. Motion No.= 00318-04 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2010-A-02, being to permit the construct an addition to the existing dwelling with an area of approximately 88 sq. m. (947 sq. ft), onto the front of an existing dwelling with a front yard setback of approximately 5.5 metres, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. That the applicant obtains any permits and/or approvals, if required, from Lake Simcoe Region Conservation Authority. 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the 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 addition be located no closer than approximately 5.5 metres from the front lot line. Carried. Page 3 of 8 Page 24 of 150 - Minutes of Committee of Adjustment meeting held on March 18,... Committee of Adjustment Minutes -Thursday, March 18, 2010 c) 2010-A-04, Joseph Balkovec; 25 Stanley Avenue, Plan 626, Lot 13 (Former Township of Oro); Variance from minimum interior side yard setback to demolish the existing dwelling and construct a new dwelling. Motion No. CA100318-05 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment defers Variance Application 2010-A-04 until 1) the Applicant provides a more comprehensive drawing showing how the location of the proposed dwelling and septic system can be accommodated within the proposed setbacks; and 2) the Applicant clarify future intentions regarding the existing garage, in order for the Planning Department to fully evaluate the proposed setbacks. Carried Page 4 of 8 Page 25 of 150 - Minutes of Committee of Adjustment meeting held on March 18,... Committee of Adjustment Minutes Thursday, March 18, 2010 d) 2010-A-05, Dave Best and Violet Watkins; 741 Line 13 North, Concession 14, Part of Lots 13, Plan 51 R-20687 (Former Township of Oro); Variance from setback from the interior side lot line to construct agricultural building. Motion No. CA100318-06 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment approves Variance Application 2010-A-05, being to permit the construction on an agricultural building with an area of approximately 173 square metres, with an interior side yard setback of approximately 5.2 metres, subject to the following conditions: 1. That notwithstanding the interior side yard setback being reduced to 5.2 metres that the structure shall otherwise comply with all other provisions for agricultural buildings, as required under Table 134(c) of the Zoning By-law. 2. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by the Committee. 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the interior side yard setback of the structure is no closer than approximately 5.2 metres. 4. That the applicant obtain any permits and/or approvals, if required, from Lake Simcoe Region Conservation Authority. 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5 of 8 Page 26 of 150 - Minutes of Committee of Adjustment meeting held on March 18,... Committee of Adjustment Minutes - Thursday, March 18, 2010 e) 2010-A-06, Catherine Wright c/o Andrew Wright; 12 Cook Lane, Plan 794, Lot 6 (Former Township of Oro); Variance for height of a boathouse. Motion No. CA100318-07 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment approves Variance Application 2010-A-06, being to permit the construction of a boathouse with a maximum height of 5.2 metres from the average high water mark of Bass Lake, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation so that the boathouse not exceed a maximum height of 5.2 metres from the Average High Water Mark of Bass Lake. 3. Notwithstanding Section 5.6 (g), that the proposed boathouse meets all other provisions of Section 5.6 of Zoning By-law 97-95. 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 6 of 8 Page 27 of 150 - Minutes of Committee of Adjustment meeting held on March 18,... Committee of Adjustment Minutes -Thursday, March 18, 2010 f) 2010-B-02, Elizabeth and David Woronka; East Part of Lot 24, Concession 9, 51 R-26601, being Parts 1 and 2, 628 Ridge Road East; Application for a lot addition/boundary adjustment. Motion No. CA100318-08 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment gives provisional approval for Consent Application 2010-8-02, being to permit a lot addition/boundary adjustment conveying approximately 10.6 metres on Ridge Road East, a depth of approximately 162 metres and an area of approximately 0.16 hectares, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer. 2. That the severed lands be merged in title with 628 Ridge Road East and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands. 3. That the applicants to prepare and submit for review by the municipality a Reference Plan showing an easement for a mutual driveway from Ridge Road West (County Road 20), which is to be registered in title on for both the enhanced and retained lands. 4. That the applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 5. That the applicants' solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title. 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 7. That the applicant obtains an entrance permit for both the retained and enhanced lands from the County of Simcoe. Carried. Page 7 of 8 Page 28 of 150 - Minutes of Committee of Adjustment meeting held on March 18,... Committee of Adjustment Minutes - Thursday, March 18, 2010 6. NEW BUSINESS: a) Correspondence dated February 18, 2010, Ontario Municipal Board, re: Appeal Withdrawn for 2009-B-35, 389 Horseshoe Valley Road East, Barry and Alice Cockburn. Motion No. CA100318-09 Moved by Aiken, Seconded by Lynch It is recommended that correspondence dated February 18, 2010, Ontario Municipal Board, re: Appeal Withdrawn for 2009-B-35, 389 Horseshoe Valley Road East, Barry and Alice Cockburn be received. Carried. 7. NEXT MEETING DATE Thursday, April 15, 2010, 9:30 a.m. 8. ADJOURNMENT a) Motion to adjourn. Motion No. CAI 00318-10 Moved by Aiken, Seconded by Lynch It is recommended that we do now adjourn at 11:10 a.m. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 8 of 8 Page 29 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) THE TOWNSHIP OF ORO-MEDONTE ORO-MEDONTE ENVIRONMENTAL GROUP ADVISORS (OMEGA) MEETING MINUTES Council Chambers Thursday, March 18, 2010 Present: David Edwards Wilf McMechan Meryl Drake Steve Cromwell Ruth Fountain David Kennedy Regrets: Steve Cromwell Gerry Murphy Allan Johnson Council/Staff Councillor Terry Allison Present: Councillor Mel Coutanche Janette Teeter, Deputy Clerk Time: 7:06 p.m. Bob Barlow Andy McNiven Doug Shelswell Mike Vandergeest Kim Wand Josephine Martensson-Hemsted John Bosomworth Councillor Sandy Agnew Marie Brissette, Committee Coordinator Also Present: Phil Sellick Doris Crawford John Crawford Orval Hutchinson Doug Hutchinson 1. OPENING OF THE MEETING Councillor Coutanche assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt agenda. Motion No. OMEGA100318-01 Moved by Fountain, Seconded by Shelswell It is recommended that the agenda for the Oro-Medonte Environmental Group Advisors (OMEGA) meeting of Thursday, March 18, 2010 be received and adopted. Carried. Page 1 of 7 Page 30 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) OMEGA Meeting Minutes - March 18, 2010. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" None declared. 4. MINUTES OF PREVIOUS MEETING: a) Motion to adopt the minutes of meeting held on Thursday, January 21, 2010. Motion No. OMEGA100318-02 Moved by Martensson-Hemsted, Seconded by Barlow It is recommended that the Oro-Medonte Environmental Group Advisors (OMEGA) minutes of the meeting held on Thursday, January 21, 2010 be adopted as printed and circulated. Carried. 5. PRESENTATIONS: a) Phil Sellick and Jack Steenhof, Greenstone Energy Inc., re: Profits from the Sun, Solar Energy Generation. Motion No. OMEGA100318-03 Moved by Bosomworth, Seconded by McNiven It is recommended that the information presented by Phil Sellick, Greenstone Energy Inc., re: Profits from the Sun, Solar Energy Generation be received. Carried. Page 2 of 6 Page 31 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) OMEGA Meeting Minutes - March 18, 2010. 6. ITEMS FROM PREVIOUS MEETING: a) Food Procurement Policy. Moved by Martensson-Hemsted, Seconded by Fountain Motion No. OMEGA100318-04 It is recommended 1. That the information presented by Josephine Martensson-Hemsted, re: Food Procurement Policy, be received. 2. And That OMEGA reiterates to Council Motion No. OMEGA090618-09 and recommendations contained therein. 3. And That said statements in Motion No. OMEGA090618-09 be included in By- law 2004-112. Carried. 7. WORKING GROUP UPDATES: a) Oro Moraine - NVCA Oro Moraine Report Card Update. Motion No. OMEGA100318-05 Moved by Kennedy, Seconded by Barlow It is recommended that the information presented by Councillor Sandy Agnew and the Oro Moraine Working Group, re: NVCA Oro Moraine Report Card Update be received. Carried. b) Growth Issues. None. c) Habitat None. d) Water Quality / Lake Management None. e) Sustaintable Agriculture. None. Page 3 of 6 Page 32 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) OMEGA Meeting Minutes - March 18, 2010. f) Zero Waste Working Group - Notes of meeting held on February 15, 2010. Motion No. OMEGA100318-06 Moved by Martensson-Hemsted, Seconded by Bosomworth It is recommended 1. That the information presented by the Zero Waste Working Group, re: Notes of meeting held on February 15, 2010 be received. 2. That OMEGA endorses the Zero Waste Working Group meeting notes of February 15, 2010. 3. And That the Zero Waste Working Group recommendations contained in the February 15, 2010 meeting notes be forwarded to Council for their consideration. Carried. 8. COMMUNICATIONS: a) Sandra Trainor, Chair, Simcoe County Farm Fresh Marketing Association, re: Application for Grant/Subsidy. Motion No. OMEGA100318-07 Moved by Martensson-Hemsted, Seconded by Fountain It is recommended 1. That the correspondence from Sandra Trainor, Chair, Simcoe County Farm Fresh Marketing Association, re: Application for Grant/Subsidy be received. 2. And that OMEGA recommends to Council that the Application for Grant/Subsidy from Sandra Trainor, Chair, Simcoe County Farm Fresh Marketing Association, received January 18, 2010, be approved in the amount of $800.00 as an environmental initiative. Carried. Page 4 of 6 Page 33 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) OMEGA Meeting Minutes - March 18, 2010. b) Correspondence dated February 23, 2010, Bruce Keeling, Chair, Huronia Woodland Owners Association, re: Maple Tree Replacement Program. Motion No. OMEGA100318-08 Moved by McNiven, Seconded by Vandergeest It is recommended that the correspondence dated February 23, 2010, Bruce Keeling, Chair, Huronia Woodland Owners Association, re: Maple Tree Replacement Program be received. Carried. c) Correspondence dated January 25, 2010, Susan T. Sheridan, re: Membership on OMEGA's Water Quality/Lake Management Working Group. Motion No. OMEGA100318-09 Moved by Martensson-Hemsted, Seconded by Drake It is recommended 1. That the correspondence dated January 25, 2010, Susan T. Sheridan, re: Membership on OMEGA's Water Quality/Lake Management Working Group be received. 2. And That OMEGA recommends to Council that Susan T. Sheridan be appointed to the OMEGA's Water Quality/Lake Management Working Group for the balance of the term of office. Carried. 9. OTHER BUSINESS / QUESTIONS a) Issues / opportunities from Council Motion No. OMEGA100318-10 Moved by Barlow, Seconded by Fountain It is recommended that the matter of ice fishing and parking of vehicles and utilization of snowmobiles on Lake Simcoe, considering the environmental concern, be referred to Council for consideration/comments and OMEGA advised of results; and that Lake Simcoe Region Conservation Authority be requested to comment. Carried. Page 5 of 6 Page 34 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) OMEGA Meeting Minutes - March 18, 2010. 10. NEXT MEETING DATE Thursday, May 20, 2010 at 7:30 p.m. 11.ADJOURNMENT a) Motion to Adjourn. Motion No. OMEGA100318-11 Moved by McNiven, Seconded by Barlow It is recommended that we do now adjourn at 8:27 p.m. Carried. Co-Chairperson, Councillor Coutanche Co-Chairperson, Councillor Agnew Co-Chairperson, Councillor Allison Committee Coordinator, Marie Brissette Page 6 of 6 Page 35 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) Committee of the Whole Meeting Minutes - July 15, 2009 Motion No. CW090715-27 Moved by Allison, Seconded by Agnew It is recommended that 1. The correspondence dated June 17, 2009 re: Local Food Policy - OMEGA AG Committee; the correspondence dated April 22, 2009 re: Canadian Planners Call for Local and Sustainable Food Systems; and the eatrealeatlocal.ca clip be received. 2. And Whereas OMEGA, at its meeting of June 18, 2009, endorsed the following recommendation, through agenda item 7e), Sustainable Agricultural Working Group Update and Motion No. OMEGA 090618-09: "That Ora-Medonte Township commits to using local produce from local farmers at Township functions where food is served. In the first year, Oro-Medonte Township commits to using a minimum of 10 per cent (by price), and increasing this by 5 per cent each subsequent year. This policy will apply to all events which the Township of Oro-Medonte controls, and will be encouraged in other areas through education. And that the Township of Oro-Medonte introduce a Zero Waste program which will implement features such as: 1. Reusable, recyclable or bio-degradable kitchenware, 2. Minimum 10% recycled paper products, 3. Elimination of plastic water bottles for water jugs and glasses, and 4. Elimination of polystyrene food ware. 5. Use of the green bin/composting and other programs designed to reduce waste into landfills. And that the Township of Oro-Medonte forward this resolution to other municipalities within Simcoe County, including the County, and the cities of Barrie and Orillia, and to other municipalities in Ontario encouraging them to implement their own local food policies." Now Therefore, Council endorses OMEGA's recommendation, in principle, to adopt the above-noted local food policy and zero waste program. Carried. Page 14 of 26 Page 17 of 67 Page 36 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) Draft Committee of the Whole meeting minutes - September 2, 2009. f) Councillor Agnew, re: Food Procurement Policy. Motion No. CW090902-16 Moved by Crawford, Seconded by Evans It is recommended that: 1. The verbal information presented by Councillor Agnew, re: Food Procurement Policy be received. 2. And That OMEGA provide recommendations on implementation of the principles of a Local Food Policy and Zero Waste Program. Carried. 8. ADMINIST TION, FINANCE AND CORPORATE SERVICES: a) Robi unn, Chief Administrativ fficer, re: Open House a Travelling C ncil Meeting - Ward 3. outanch ,Seconded by Allison ZAdministrativfficer, CW090902- end that the verbal informatio presented b y Robin Dunn hief v fficer, re: Open House a Travelling Council Meeti -Ward d. Carried. b) I 2009-15, Paul ravelle, Director of Financ reasurer(Deputy tement of Ac unts, July 31, 2009. Moved by Evans econded /ae It is recomm ded that: 1. R ort No. Fl 2009-1Director of Finance reasL De ty CAO, re: Statemuly 31, 2009 be ceived. And That the account s July, 2009 to ing $1,933,547.20 be receiv Carried. Page 8 of 17 Page 18 of 67 Page 37 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) - Zero Waste Working Group - Notes of meeting held on February... Zero Waste Working Group February 15, 2010 5:30PM Draft Meeting Notes Present: Ruth, Josephine, Mel, Sandy Reconunendations: 1) That waste audits be done on all Township buildings and that a small committee be struck to complete these audits consisting of. ZW WG members, 2-3 staff (one from Rec Tech to do halls), possibly a student from GC.(Sandy) 2) That a check list be created for guidance to hall boards and for special events 3) That OMEGA recommend to Council that O-M request Simcoe County to provide green bin and blue box pick to all municipal buildings 4) That Oro Fair board be approached to make the Fair a Zero Waste event with participation fi-om the schools (Mel) 5) That HV Resort be approached to become a Zero Waste facility (Mel) Recommendations to be circulated to OMEGA for authorization to forward to Council. Page 55 of 67 Page 38 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) - Zero Waste Working Group - Notes of meeting held on February... Council Meeting Minutes -February 24, 2010. b) Shawn Binns, Director of Recreation and mmunity Services, re: Dr 2010 Pre- Budget Submission. Motion No. C100224-5 Moved by Agnew, S onded by Crawford Be it resole hat 1. The ft correspondence dated ruary 24, 2010 from S n Binns, Director eand Communi ervices and presented obin Dunn, Chief Administrative Officer re aft "2010 Pre-Budget S ission by the Township of Oro-Medonte", Build anada Fund be receive 2. And Further Th e draft correspondenc a approved, as amended, forwarded, er the Mayor's signatur o Bruce Stanton, MP Sim North and Garfiel nlop, MPP Simcoe No Carried. 11. REPORTS OF MEMBERS OF COUNCIL: a) Mayor H.S. Hughes, re: Waste Management in Simcoe County. Motion No. C100224-6 Moved by Hough, Seconded by Allison Be it resolved that 1. The verbal information presented by Mayor H.S. Hughes re: Waste Management in Simcoe County be received. 2. That the County of Simcoe be requested to include Municipal Facilities in their Waste Management and Recycling/Composting Program. 3. And Further That the Simcoe County municipalities be forwarded the resolution, under the Mayor's signature, for their consideration and support. Carried. Page 4 of 12 Page 56 of 67 Page 39 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) COUNTY OF SIMCOE ITEM FOR: PERFORMANCE MANAGEMENT COMMITTEE SECTION: Finance ITEM NO. PM 10-050 MEETING DATE: March 11, 2010 SUBJECT: Simcoe County Farm Fresh Marketing Association RECOMMENDATION: THAT Item PM 10-050, regarding in kind donations provided to Simcoe County Farm Fresh Marketing Association, be received for information. BACKGROUND: On November 12, 2009 Morris Gervais, President and Sandra Trainor, Project Manager of Simcoe County Farm Fresh Marketing Association (Simcoe County Farm Fresh) provided a presentation requesting support from Simcoe County, as per schedule 1 attached. Simcoe County Farm Fresh is a non-profit corporation, providing information and making connections with consumers on the availability of locally grown/produced food in Simcoe County. The Association is also involved in raising awareness around the connection to eating locally, with a healthy economy, environment and eating. The Association is made up of area farms, farmers' markets, country markets, food services and many community partners. During the presentation, the County of Simcoe was asked to: • Provide core funding - $7,500 per year • Fund 50% of production of Farm Fresh map per year (through financial, in-kind, in-house contribution) * Allocate staff resources to help Simcoe County Farm Fresh in various projects (tourism or economic development) As a result of the above presentation, staff was requested to report on the in kind donations that are being provided, and that could be provided to Simcoe County Farm Fresh Marketing Association. The long term goal of the Simcoe County Farm Fresh is to expand the local market for food produced by farmers in Simcoe County and to promote a strong local food system. Short-term goals include: • Provision of information to consumers/food services that will enable them to purchase/serve locally produced food directly from the farm or food service provider. • Provision of information to consumers on the importance of the connection to eating locally to the health of the local economy, environment and healthy eating. • Provision of opportunities for members to enhance profitability and sustainability. Page 40 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) March 11, 2010 Performance Management Committee PM 10-050 Page 2 Simcoe County Farm Fresh is currently funded mainly through a grant from Agri-Food Canada administered by the Agricultural Adaptation Council. Further short-term funding was secured through the Ontario Trillium Foundation. Both funds come to an end in 2010. Other sources of revenue generated for projects undertaken include: • Membership fees • Grants from municipalities • Community and Corporate sponsorships • Advertising • Event gate fees • Provincial/Federal grants Currently the County of Simcoe is providing support to Simcoe County Farm Fresh in the following areas: • Annual sponsorship of the Savour Simcoe event in the amount of $3,000.00 as well as staff support in the planning of this event. Event to be hosted at the Simcoe County Museum. • Financial support in 2010 to cover the cost of a research study (survey) currently being undertaken by Georgian College Research Analyst students to evaluate the potential of culinary tourism in Simcoe County, at a cost of just under $3,000.00. • Preparation and updating of the Simcoe County Farm Fresh map on an annual basis by the County of Simcoe's Information Technology Department (Geographical Information Systems - GIS) In-kind support valued at approximately $500.00. There are other opportunities for the County of Simcoe to support Simcoe County Farm Fresh with respect to offsetting their costs in the future. Possible options in addition to the above include: • Exchange of reciprocal web site links • Exchange of printed map ads • County staff time to assist with future event planning • Potential savings re: economies of scale should the County assist in providing production services associated with the printing of maps in future years. (Simcoe County Farm Fresh has begun the procurement process for the printing of 2010 maps, so this would be a potential savings in future years.) It should be noted that Simcoe County Farm Fresh and the County of Simcoe are members of the Food Partners Alliance of Simcoe County, which is an alliance that is working together towards the building of a sustainable food system aligned with the principles that support food security. Other members include, the Barrie Community Health Centre, Simcoe County Federation of Agriculture, Simcoe County District School Board, Simcoe Muskoka District Health Unit, Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), as well as other organizations and individuals who share a passion in building a stronger local agriculture and food system. The goals of the Food Partners Alliance of Simcoe County support the goals of Simcoe County Farm Fresh, however, are broader in that the Alliance also includes goals related to other aspects of food security, such as affordability. Schedule 2 provides a brief overview about the Food Partners Alliance of Simcoc County. Page 41 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) March 11, 2010 Performance Management Committee PM 10-050 Page 3 FINANCIAL ANALYSIS: Tourism Simcoe County has committed $3,000.00 in sponsorship to Savour Simcoe from its existing marketing budget, as well as $3,000 to assist with the cost of a research study to evaluate the potential of culinary tourism in Simcoe County. The County of Simcoe Information Technology Department currently provides in-kind support valued at approximately $500.00 to assist with preparation and updating of the Simcoe County Farm Fresh Maps. Staff will encourage this group to apply under the County grant program as part of the 2011 budget for future consideration by County Council. SCHEDULES: The following schedules are attached and form part of this Item. Schedule 1 - Simcoe County Farm Fresh Marketing Association Presentation. Simcoe County Farm Fresh.pdf Schedule 1 - Food Partners Alliance of Simcoe County. Food Partners Alliance of Simcoe Co PREPARED BY: Terry Talon, General Manager of Social Services APPROVALS: Lealand Sibbick, Deputy Treasurer Mark Aitken, Chief Administrative Officer Date: March 4, 2010 March 4, 2010 Page 42 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) ~ w OEM.'-. 40, A H y Page 43 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) Page 44 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) Page 45 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) r , C: D 0 '>r (D QL V) Ln ifs v~- U 70 0 :E2 CJ O tJ --a U DL S 1 M CIO a) C D- 0) L-0 10/ (D Page 46 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) Page 47 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) a a 0 U 0 E Ln Page 48 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) - r L o v a~ a ' ® ~ r 1 'Lj 4-J a - • 0 0 4-J Page 49 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) 4- 0 r Z a) 11 t in 4-J 0 fu Ul) U) C: 0 r- 4-J U -Z C: r L L U1 a) fu U) C 0 C: 0 -0 fu ro 0 (1) L- U 4-J -o 0 III ro 4-j -0 . I (D U C: E U4) 0 0 r 0 I 0 L- 0 4-J I (3) C D 0 J 4-J i (3) 0 4- U1 i a) 1 a) 6 I Page 50 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) l r l; r :3 C: ■ T 1 ~ , Page 51 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) L 4 41 0 0 0 U 0 U " C , 0 y Page 52 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) E . . 0 (D D C) 4- < U L 0 U-j E 0 V) 0 -0 Page 53 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) 06 (D U o E D- 4- E L 0 E LIJ L4.- 3: E . 0 Q) . . 1 0- 0 Page 54 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) 06 L L 0 U 0 c) 8K CD 0 -0 o U g E a) E -0 0 -0 . Moe - Page 55 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) 0 r L . O v E v ♦ . . CO (D Page 56 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) { L L - L w Page 57 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) LJO) 06 v . 73 U L . E 0 LL- D 0 S-- 1 Page 58 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) 1 , 1 , v rN L c o a~ 0 Ln L a) U - C) (D CD 0 0 o :D E > - u O _ n • 0 Page 59 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) About Us The Food Partners Alliance of Simcoe County emerged out of a perceived need, and growing sense of urgency, on the part of a variety of stakeholders that because of the rapidly changing world in which we live, we would be well served to devote more attention and resources to ensuring we have a safe, reliable and just food system. Furthermore, there is a growing consensus that one of the best ways to do this is to strengthen our local food system with a special emphasis on family scale farms. For, in the absence of a strong local agriculture and food base, our community will be far less resilient and more vulnerable to the dictates and wild swings of the global market. With this in mind, the primary aim of The Food Partners Alliance is to mobilize the community to support our local agriculture community by performing public education, ensuring our elected representatives are well briefed on what is at stake and the options available to them, and networking with organizations of a similar bent both regionally and nationally. The Food Partners Alliance of Simcoe County is a voluntary organization that consists of a diverse group of partners including representation from agriculture, education, health, and government. It is open to anyone, or organization, that shares a passion in safeguarding and building a stronger local agriculture and food system. For further information: Please Contact Gary Machan at (705) 734-9690 ext.225, or at gary.machan@bcbc.ca Page 60 of 150 - Minutes of Oro-Medonte Environmental Group Advisors (OMEGA) Page 61 of 150 - Correspondence dated March 11, 2010 from Connie Brown, Secre... ~Nt F494 , f -56~ ot?-twmZ* *7e-dr ~ 4 49p ADMINISTRATIVE CENTRE MIDHURST, ONT. L0L 1X0 (705) 726-9300 Ext.1224 Email: scfa@drlogick.com March 11, 2010 Township of Oro-Medonte Council Box 100, 148 Line 7 South Oro, ON LOL 2X0 Dear Township of Oro-Medonte Council: The Simcoe County Federation of Agriculture (SCFA), in partnership with the County of Simcoe and the Ontario Ministry of Agriculture and Rural Affairs (OMAFRA), are hosting a Livestock Evaluator Course on Tuesday, April 20, 2010. This workshop will be held at the Simcoe County Museum, 1151 Highway 26, Midhurst, ON. This '1z day course will begin promptly at 9 a.m. Rudy Buitenhuis, from OMAFRA, will be the educator for the program. Please contact all of the Livestock Evaluators in your Municipality about this important educational workshop, being held on their behalf. Also, please RSVP to the SCFA office @7a 705-726-9300 Ext. 1224 by April 12`h, as Resource Binders need to be ordered, prior to the workshop. We look forward to hearing back from you. Sincerely, Connie Brown, Secretary Simcoe County Federation of Agriculture Serving Simcoe County Since 1940 Page 62 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-059 Being a By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and 2008628 Ontario ltd. WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being Part of Lot 3, Concession 7, Being Parts 1, 2, and 3, 51R-31839, Being all of PIN # 58533-0214 (LT), (known as the Diamond Valley Estates 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 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF MARCH, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 63 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SUBDIVISION AGREEMENT - between - 2008628 ONTARIO LTD. -and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of Lot 3, Concession 7 Being Parts 1, 2 and 3, 51R-31839 Being all of PIN #58533-0214 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE March 24, 2010 By-Law No. 2010-059 TOWNSHIP OF ORO-MEDONTE Page 64 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Requirements Prior to Execution of Agreement Part 4 Pre-Construction Requirements Part 5 Financial Requirements Part 6 Staging or Phasing Part 7 Construction Requirements Part 8 Building Permits and Occupancy Part 9 Maintenance and Acceptance Part 10 Default Provisions SCHEDULES Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Works to be Constructed Schedule "D" - Itemized Estimate of Cost of Construction of Each Part of the Works for Phase 1 Schedule "E" - List of Lots Requiring Special Attention Schedule "F" - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Master Monitoring Document, Sabiston/Valdoro Properties, Township of Oro-Medonte dated October, 2003 (revised March, 2008) prepared by Michalski Nielsen Associates Limited Schedule "L" - Standard Township Letter of Credit TOWNSHIP OF ORO-MEDONTE Page 65 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... THIS AGREEMENT made as of the 24th day of March, 2010. BETWEEN: 2008628 ONTARIO LTD. (hereinafter called the "Developer") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") OF THE SECOND PART WHEREAS the lands affected by this Agreement are the lands described in Schedule "A" hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule "B" and collectively are herein referred to as the "said lands" AND WHEREAS a Draft Plan with Conditions (43T-93019) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: Page 66 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... PART - 1 GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1 To prepare designs in accordance with the Township of Oro- Medonte Engineering Standards and Drawings (dated October, 1997). 1.1.2 To prepare and furnish all required drawings and specifications. 1.1.3 To prepare the necessary contract(s) and provide contract administration. 1.1.4 To obtain the necessary approvals in conjunction with the Township, from the Township of Oro-Medonte sewage approval authority, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, and utility companies, or as a result of legislative or procedural change, the Ministries shall be deemed to be the Ministry of Municipal Affairs and Housing, as well as the Council of the Township of Oro-Medonte or the Chief Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1 and 8.2. 1.1.5 To act as the Developer's representative in all matters pertaining to the subdivision. 1.1.6 To provide co-ordination in scheduling to comply with the timing provisions of this Agreement and the requirements of the Township Engineer, for all the work specified in this Agreement. 1.1.7 To provide supervision during construction of all the services. 1.1.8 To ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering practice. 1.1.9 To maintain records of construction, which shall be available for inspection or copy by the Township. 1.1.10 To prepare final "as constructed" Mylar drawings which will include the following with regard to provision of a digital Plan of Subdivision: Completed digital Plan of Subdivisions must be in AutoCAD 12 drawing format or DXF and be delivered on a 1.44 MB floppy diskette. Two copies of each Plan of Subdivision are required on separate diskettes. Each diskette must be labeled identifying the legal property description, developer's name, file name, and date delivered. PKZIP Release 2.04G may be used to perform file compression if required. It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. Page 67 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... All line data depicting property boundaries must be mathematically closed to form polygons. The lines, which describe the boundary of all properties created within the Plan of Subdivision, will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB layer/level will outline the property boundaries in the form of enclosed polygons. LAYER/LEVEL 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. Page 68 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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: 2008628 Ontario Ltd. 45 Casmir Court, Unit #1 CONCORD, Ontario L4K 4H5 Or by Facsimile Transmission to: (905) 738-7299 In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.3 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge of the mortgage(s) on those lands if called upon by the Township, to do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by Section 51.5 of the Planning Act, R.S.O. 1990, c.P.13 and required by the Township of Oro-Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said deed. The Developer shall provide to the Township's solicitor, certification of good title, free and clear from all encumbrances. Page 69 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 1.8 EASEMENTS The Developer agrees to grant, at his expense, all such easements and rights-of-ways as may be required for the installation and supply of services to the subdivision and to deed lands to the Township, as set out in Schedule "G". The Developer also agrees to certify good title to easements and right-of-ways by the Developer's solicitor. Prior to executing this Agreement, all known easements shall be filed with the Township in a form approved by the Township's solicitor. A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement. 1.9 HYDRO AND TELEPHONE Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electricity supplier and from the telephone supplier, stating that the Developer has entered into a satisfactory agreement(s) with them with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing private companies' plant and equipment, which are necessary to accommodate this subdivision, shall be borne by the Developer. 1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING The Developer agrees to advise all prospective purchasers that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated public and catholic school sites in the community is not guaranteed, and that pupils may be accommodated in temporary facilities out of the neighbourhood schools' area. This clause is to be placed in any Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.11 CANADA POST The Developer agrees to construct a site to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. 1.12 MINISTRY OF THE ENVIRONMENT The Developer and each individual lot owner, agrees to comply with the requirements and recommendations of the Hydrogeologist's Report prepared by Ian D. Wilson Associates Limited dated May 22, 1992 entitled "Hydrogeologic Evaluation, Soils Suitability and Development Impact Study for Proposed Valdoro Estates, Township of Oro", amended August 13, 1993; Report entitled "Supplementary Soils Evaluation for Proposed Valdoro Estates Development, Township of Oro" dated September 6, 1993; "Servicing Report" prepared by C.C. Tatham & Associates dated March 19, 1994, revised April, 1994. 1.13 ENVIRONMENTAL LONG-TERM MONITORING 1.13.1 The Developer shall carry out any monitoring required, as set out in the "Master Monitoring Document, SabistonNaldoro Properties, Township of Oro-Medonte dated October, 2003 (revised March, 2008) prepared by Michalski Nielsen Associates Limited", attached to this Agreement as Schedule "K". 1.13.2 The Developer will guarantee the operation and funding of the monitoring program by providing an amount of $225.00 per lot upon Page 70 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... the sale of each lot to the Treasurer of the Township of Oro- Medonte and that such money will be held in a special fund to be available for monitoring and for any remedial works which are required to protect the wetlands from impacts generated from the development. 1.13.3 The Developer agrees to advise all prospective purchasers that a "Homeowner's Manual" has been prepared for their consideration. The Developer further agrees to attach the "Homeowner's Manual" to the Offer of Purchase and Sale and registered on title for each residential lot. 1.13.4 The Developer agrees to collecting, analyzing and interpreting baseline data adjacent to the wetland areas, as referenced in Schedule K, in accordance with the Master Monitoring Document. One year of additional baseline data will be required if there is a lapse of three or more years from the execution of this document before the first 10 homes are constructed on the Diamond Valley Estates Subdivision. 1.14 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses 1.1.11, 1.1.12 and Note of 1.1, 1. 10, 1. 11, 1. 12, 1.13, 5.5, 5.7.2, 7.3, 7.9, 7.16, 8.1, 8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8 and Schedules "E" and "I"', to each prospective purchaser of a lot(s). 1.15 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.16 ENUREMENT This Agreement shall endure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. Page 71 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... PART-2 THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "A" hereto. 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules hereinafter referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Schedule "C" of this Agreement, along with the Storm Water Management and Pond Design Report prepared for Diamond Valley Estates Subdivision by Valdor Engineering Inc., dated March, 2003 (Revised:) Drawing No. Description See Schedule "C" attached hereto 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 Ministry of the Environment 2.4.3.2 Electrical Distribution Utility 2.4.3.3 Township of Oro-Medonte 2.4.3.4 Ministry of Natural Resources 2.4.3.5 County of Simcoe 2.4.3.6 Ministry of Citizenship, Culture and Recreation 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. Page 72 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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 for Phase 1 Schedule "E" - List of Lots Requiring Special Attention Schedule "I"' - Development Charges Schedule "G" - Deeds and Easements to be Conveyed Schedule "H" - Parkland Schedule "I" - Declaration of Progress and Completion Schedule "J" - General Location and Lot Grading Plans Schedule "K" - Master Monitoring Document, Sabiston/Valdoro Properties, Township of Oro-Medonte dated October, 2003 (revised March, 2008) prepared by Michalski Nielsen Associates Limited Schedule "L" - 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 Page 73 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... PART-3 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes - have paid all Township tax bills issued and outstanding against the said lands. 3.1.2 Deeds and Easements - have delivered to the Township all transfers/deeds, discharges and easements or other documents required by Schedule "G", as well as Certification from the Developer's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 3.1.3 Postponement 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. 11 Page 74 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 3.1.11 Approvals - obtain and file with the Township, confirmation approvals from the following: 3.1.11.1 Ministry of the Environment 3.1.11.2 Electrical Distribution Utility 3.1.11.3 Township of Oro-Medonte 3.1.11.4 Ministry of Natural Resources 3.1.11.5 County of Simcoe 3.1.11.6 Ministry of Citizenship, Culture and Recreation 3.1.11.7 Simcoe County District School Board 3.1.11.8 Simcoe Muskoka Catholic District School Board 3.1.12 Lot Sizes - file with the Township, a certificate from an Ontario Land Surveyor confirming that the frontage and area of each lot meets the minimum requirements of the Township Zoning By-law. 3.1.13 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. 12 Page 75 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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 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 4.1.8. 4.1.6 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. A Storm Water Management and Pond Design Report prepared for Diamond Valley Estates Subdivision by Valdor Engineering Inc., dated 13 Page 76 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... March, 2003 (Revised:) has been prepared by the Developer's Engineer for approval by the Township Engineer and the Ministry of Natural Resources. 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 Ministry of Natural Resources. 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 Ministry of Natural Resources. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. 4.1.7 Signs Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township Engineer, and the signs shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK" The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). 4.1.8 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineer, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.11 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineer. Subsequent phase shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineer before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either; a) Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or b) Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township. 14 Page 77 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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. 15 Page 78 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... PART-5 FINANCIAL REQUIREMENTS 5.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineer for checking of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of TEN THOUSAND DOLLARS ($10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Engineer, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of FIVE THOUSAND DOLLARS ($5,000.00), or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 5.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Maintenance and Final Acceptance for the works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 5.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. He or his Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Maintenance and Final Acceptance (Underground Services) is issued. If an additional electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 5.5 DEVELOPMENT CHARGES. REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per-lot basis prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. 16 Page 79 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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 County development charges and applicable development charges of any Public Utility. 5.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said work as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "L" with an automatic renewal clause, in the amount of one hundred percent (100%) of the estimated costs of the said works, as set out in Schedule "D" and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s) of Credit is received by the Township. 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. 17 Page 80 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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. 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. 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 tR Page 81 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 5.7.2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General Location and Lot Grading Plan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be returned. 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 5.10 INSURANCE CERTIFICATE AND POLICY 5.10.1 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. 19 Page 82 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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. 20 Page 83 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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, removal of the Holding Symbol, additional securities deposited and clearance from Ontario Ministry of Culture for that stage. When fifty percent (50%) of the lots of the subdivision or stages of the subdivision have been built upon and all the services have not been completed and approved by the Township Engineer, the Township reserves the right to refuse commencement of the next stage until all services have been installed and approved. In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be approved if all services of the active stage approved by the Township Engineer have not been completed within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of the services. The subdivision is to be developed in the following Phases: Phase 1 Total of 29 Lots Lots 1-15 Diamond Valley Drive Lots 97-99 Diamond Valley Drive Lots 118-128 Diamond Valley Drive Phase 2 Total of 18 Lots Lots 100-117 Emerald Terrace Phase 3 Total of 23 Lots Lots 83-84 Diamond Valley Drive Lots 28-32 Diamond Valley Drive Lots 85, 88-92 Opal Court Lots 33-42 Ruby Ridge Phase 4 Total of 13 Lots Lots 53-64 Diamond Valley Drive Lot 65 Sapphire Way Phase 5 Total of 10 Lots 21 Page 84 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... Lots 45-52 Diamond Valley Drive Lots 43-44 Ruby Ridge Phase 6 Total of 19 Lots Lots 79-82 Diamond Valley Drive Lots 86-87 Opal Court Lots 66-78 Sapphire Way Phase 7 Total of 16 Lots Lots 16-24 Topaz Court Lots 25-27 Diamond Valley Drive Lots 93-96 Diamond Valley Drive 22 Page 85 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 6.2 MINISTRY OF CULTURE REQUIREMENTS The Holding Provision applying to lots described in the phases described in Section 6.1 will be lifted in accordance with the Planning Act ONLY when the following conditions have received clearance by the Ontario Ministry of Culture: 6.2.1 A complete and final Stage 2 report shall be submitted to the Ministry of Culture Programs Unit whereby that office will require a review and concur with the recommendations contained within the Report on the 2007 Stage 1-2 Archaeological Assessment of The Proposed Diamond Valley Subdivision, Part of Lot 3, Concession 7 (Geographic Township of Oro), Township of Oro-Medonte (Coulson), County of Simcoe.(Final Report). 6.2.2 Prior to the Holding provision for each phase being lifted, Stage 3 investigations for sites within that phase will have been carried out for each of the isolated archeological finds identified in the Final Report. 6.2.3 With respect to Phase 4 of the development, the limits of the McCarthy site shall be revised to include Isolated Find IV which may result in revising the Stage 3 program for the McCarthy site. 6.2.4 Prior to the Holding provision being lifted for each phase, a 20 metre buffer will be placed around all identified sites within that phase including findspots and the area identified in the final Report as the location of a potential ossuary. This buffer can be reduced to 10 metres after the completion of a Stage 3 study. A buffer is not required for site that has a completed a Stage 3 assessment and is determined not to require a Stage 4 assessment. 6.2.5 Short term protection provisions in only those areas where the Holding Provision has been lifted shall be implemented while work proceeds within that phase and include, as a minimum, the erection of a temporary and visual barrier around the sites, findspots and potential ossuary and their buffers. Confirmation of these measures will be required from the consulting archeologist including photographs of the protective measures. 6.2.6 Any grading or ground alterations within 50 metres of a potential ossuary will require on-site presence and monitoring by the consulting archeologist. 6.2.7 Using the approved draft plan of subdivision, prepared by an Ontario Land Surveyor, official mapping shall be overlaid detailing the locations of the sites, findspots, and the potential ossuary, together with their associated 20 or 50 metre buffers. 6.2.8 A detailed statement shall be prepared by the Developer confirming that they have reviewed the approved draft plan of subdivision with the mapped sites and their buffers and are aware of their responsibilities under the Ontario Heritage Act and Planning Act. The statement shall include a commitment ensuring no grading or site alteration of any kind within any required buffer. The statement shall also include confirmation that the licensed professional consulting archeologist will be on-site and have full control at all times when site alteration or grading (including tree removal and the movement of tracked vehicles) is occurring within 50 metres of a potential ossuary. The statement shall also commit the Developer to instruct all supervisory staff, machine operators and work crews to avoid the areas defined by the sites and their buffers because they are archeologically sensitive areas and are protected from unlicensed alterations under the Ontario Heritage Act. 6.2.9 A schedule shall be prepared by the Developer or consulting archeologist committing to timelines for the completion of remaining archeological fieldwork. This schedule shall consider a commitment to undertake all Stage 3 work, and the submission of any reports, being undertaken as soon as conditions and circumstances permit. Such reports shall include a full description of the monitoring activities that were required. 23 Page 86 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 6.2.10 A letter from the Township acknowledging that they have reviewed the approved draft plan of subdivision, and Developer Statement, and approve of work proceeding on the basis of Section 6.2.8 above. 24 Page 87 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... PART-7 7.1 WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C" to this Agreement. This Schedule is to set out the works in general terms only and shall not be construed as covering all items in detail. The works are to be designed and constructed in accordance with the current Engineering Standards adopted by By-Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of the subdivision, the Township Engineer is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineer. 7.2 CONSTRUCTION OF WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite works in order to provide services to the lots and buildings blocks within the Phase. 7.3 PRESERVATION AND PLANTING OF TREES 7.3.1 The Developer shall preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland, and individual lots, the Township shall have the option of having a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 7.3.2 The Developer shall plant two (2) 2.4 metre, or taller, hardwood trees of a minimum of 50 mm caliper on each lot having less than three (3) trees in the front yard(s), if required by the Township. The type of trees must be satisfactory to the Township. 7.4 MOVEMENT OF FILL The Developer covenants and agrees that he shall not dump, nor permit to be dumped, any fill or debris on, nor shall he remove or permit to be removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineer. 7.5 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineer or Township Public Works Official, written permission for carrying out the blasting operation, and shall obtain the blasting permit and show proof of insurance for all damage or claims for damage resulting from the blasting operation. The Developer, in any event, shall be responsible for any such claims. 25 Page 88 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 7.6 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township Engineer and Township Public Works Official during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Public Works Official. For the purpose of getting such consent, the Developer shall advise the Township Public Works Official and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 7.7 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange for an inspection with the Township Public Works Official and Township Engineer for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Public Works Official's assessment of conditions prior to construction will be final. 7.8 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineers. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile) from the Township's Engineer regarding a dust control problem, then the Township's Engineer, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 7.9 CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township is not responsible for the removal or disposal of refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. 7.10 INSPECTION OF CONSTRUCTION OF SERVICES During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township Engineer to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineer perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements for services, he will have the authority to cease construction operations by verbal notice to the contractor and/or the Developer's Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 26 Page 89 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 7.11 DECLARATION OF PROGRESS AND COMPLETION 7.11.1 Prior to the approval of the underground services, the Developer shall provide the Township Engineer with an undertaking for the completion dates of all remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "I", the Declaration of Progress and Completion, for approval of the Township Engineer. The Township reserves the right to alter the completion dates as it sees fit and the Developer agrees to complete the services. 7.11.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre- determined liquidated damages, the sum of FIFTY DOLLARS ($50.00) for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 7.12 PROGRESS OF WORKS After the completion of the underground services, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township Engineer and from that date, the said Declaration shall apply and take precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and Completion, the Developer shall install all works in accordance with the Schedule of Works or as directed by the Township Engineer. If he fails to adhere to the scheduling provisions outlined in the Schedule of Works or the Declaration, or having commenced to install the aforesaid works, fails or neglects to proceed with reasonable speed, or in the event that the aforesaid works are not being installed in the manner required by the Township Engineer, then upon the Township Engineer giving seven (7) days written notice by prepaid registered mail to the Developer, the Township Engineer may, without further notice, enter upon the said land and proceed to supply all materials and to do all necessary works in connection with the installation of the said works, including the repair or reconstruction of faulty work and the replacement of materials not in accordance with the specifications, and to charge the costs thereof, together with an Engineering fee of ten percent (10%) of the cost of such materials and works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty (30) days of the date on the bill, the money owing may be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an acceptance or assumption of the said works by the Township. The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan. 7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the electricity and street lighting, sewer system, detention pond and waterworks will be constructed, inspected and approved prior to the completion of the other works, including roads and boulevards. Building Permits will not be issued until the Township Engineer has given the Certificate of Substantial Completion and Acceptance (Municipal Underground 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. 27 Page 90 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... If, during the two (2) year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the cost of the work from the Developer's securities, as set out under Clause 9.3. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services, in this case, until the Township has assumed the responsibility of the services. 7.14 EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any of the works. Such entry and repairing shall not be deemed an acceptance of the works by the Township or any assumption by the Township of any liability in connection therewith, or a release of the Developer from any of his obligations under this Agreement. 7.15 USE OF WORKS BY TOWNSHIP The Developer agrees that: 1. The works maybe used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. II. Such use shall not be deemed an acceptance of the works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the works so used. 7.16 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall Grading Plan LG-1 to LG-13 prepared by Valdor Engineering Inc., and approved by the Township Engineer and the Township of Oro-Medonte. Some fill and regrading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township Engineer. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any connecting swales, then the 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. 28 Page 91 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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 GP-4 to GP-6 prepared by Valdor Engineering Inc., and approved by the Township Engineer and the Township of Oro-Medonte. 7.17 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 (Municipal Underground Services) shall not constitute an assumption of the Municipal Underground Services by the Township. 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. 29 Page 92 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... (vi) The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C, have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. (vii) The term "Certificate of Substantial Completion and Acceptance" means a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) or a Certificate of Substantial Completion and Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. (viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Municipal Underground Services) or a Certificate of Maintenance and Final Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. 30 Page 93 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... PART-8 BUILDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building Permit for any part or portion of the said lands or on any lot therein, and no Building Permit shall be issued until a Sewage System Permit approval has been received for the land in question. The Developer's Engineer shall prepare an overall Lot Development Plan for approval by the Township of Oro-Medonte and the Township Engineer, as a further requirement to Clause 7.16. The Plan shall include the following: a) envelopes for the proposed house and any adjacent structures on each lot. b) an envelope showing the location, size and elevation of the subsurface sewage system on each lot and all pertinent engineering design criteria. c) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed. d) existing and proposed grades on lot corners and mid-lot elevation. e) location and type of proposed water. 8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed Site Development Plan for each lot may be required to be prepared by a Professional Engineer registered with the Association of Professional Engineers of Ontario, experienced in private sewage system design, for approval by the Township Engineer, prior to the issuance of a Sewage System Permit for each respective lot. Site Development Plans, which conform to the overall Lot Development Plan at an approved metric scale using metric dimensions and elevations, shall include the following: a) the location, dimensions and elevations of the proposed dwelling and any structures to be located on the lot, as well as any adjacent structures on the adjacent lot(s). b) the location, size and elevation of the sewage system, all engineering design criteria and standards pertaining thereto, shall be provided. c) the location and type of water well, including the water service line to the dwelling. d) the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed. e) the location and grades of any proposed drainage swales. f) the Professional Engineer will be required to check the elevations of the footings of the buildings prior to further construction to ensure conformity with the approved Plans noted above. g) the Professional Engineer will be required, prior to the issuance of a Final Inspection Report, to certify to the Township of Oro- Medonte, in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above. 31 Page 94 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... The Developer further agrees to construct all works required under Clause 7.16, and as shown on the approved General Location and Lot Grading Plan LG-1 to LG-13, Storm Drainage Area Plan GP-4 to GP-6, and Erosion Control Plan LG-1 to LG-13, all prepared by Valdor Engineering Inc., to the satisfaction of the Township of Oro-Medonte and the Township Engineer. The Developer further agrees to advise all prospective lot owners of the requirement that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit. 8.1.2 The Developer further agrees that Building Permits may be issued for the first fifty percent (50%) of the residential building lots, subject to entering into the 6th Line intersection and County Road #22 Road Improvement Agreement. Building Permits for the remaining fifty percent (50%) of the lots will not be issued until a Holding Provision applying to these lots is lifted in accordance with the Planninq Act. Holding Provision applying to the lots specified shall only be lifted at such time as the Township confirms that identified improvements to County Road #22 have been completed, or are in the process of being completed, to the satisfaction of the Township of Oro-Medonte. 8.1.3 The Developer further agrees that final approval of this Plan will not be given until the improvements to the 6t Line/County Road #22 intersection are properly funded. 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) Township of Oro-Medonte approvals have been obtained and submitted to the Township. The Township of Oro-Medonte sewage approval authority requirements are set out in Clauses 7.16 and 8.1. (ii) The Storm Water Management System and Waterworks have been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Municipal Underground Services). (iii) Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved. (iv) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "B" sub-base, has been constructed on the road providing access to the lot. (v) Approval of the Township Engineer has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vi) Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.7. (vii) A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered 32 Page 95 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Lot Grading Plans, or has received the approval of the Township Engineer with respect to any variance to the Grading Plan. The individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a Building Permit. (viii) All dead trees within the limit of the Plan have been removed. (ix) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.4. (x) The Traffic and Street Name signs have been installed and approved by the Township Engineer. (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: Page 96 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... (i) The roadway has received the granular roadbase materials full depth and the base course of asphalt, provided asphalt is commercially available. (ii) The underground electrical, telephone lines, gas mains and street lights have been installed and approved by the Township Engineer. (iii) A Certificate Letter and individual Lot Development Plan have been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading of the lot or block, is in conformity with the General Location and Lot Grading Plans, or such variance therefrom has been approved by the Township Engineer. The final grading on the individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv) Driveway culvert and end protection has been provided to the satisfaction of the Township, in accordance with the Township's Road Occupancy Permit. (v) The trees have been planted on the lot by the Developer in accordance with Clause 7.3. (vi) Any deficiencies on a Provisional Certificate of Occupancy 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. 34 Page 97 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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. 35 Page 98 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of services. 9.4 WINTER ROAD MAINTENANCE An exception to the liability of the Developer for all maintenance and repair of the services during the two (2) year maintenance period will be winter control, which operation will be the Township's responsibility after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). Winter control shall include snow plowing, sanding and any other winter maintenance operations. It is agreed by the Developer that the winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions. Prior to the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services) however, the Developer shall be responsible for the winter control also. In the event that proper vehicular access or winter control is not provided by the Developer, the Township, through its servants, contractors, or agents, may provide without notice to the Developer. Such winter control shall be only carried out at times deemed to be an emergency by the Public Works Official. All costs of such work shall be paid by the Developer within thirty (30) days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. The cost of such works to be at the following rates: Machinery and Equipment $40.00/hr. Labour $20.00/hr. Mixed Sand and Salt $12.00/m3 Payroll Burden -41% Administration - 7% G.S.T. - 5% The Township may adjust these rates from time to time. The Developer further agrees that any work done by the Township pursuant to this Agreement before the roads are accepted by the Township, shall not be deemed in any way to be an acceptance by the Township of the roads in the said subdivision upon which such work is done. The Developer acknowledges that the Township, whilst providing winter control, may damage or interfere with the works of the Developer and covenants that he will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. 9.5 REPLACEMENT OF SURVEY BARS Prior to the final acceptance of the subdivision by the Township, the Developer agrees to supply a statement from an Ontario Land Surveyor approved by the Township that after the completion of the subdivision work, he has found or replaced all survey monuments, standard iron bars and iron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES Upon receipt of the Developer's request for a final inspection of the Aboveground Services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance be issued. 36 Page 99 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the maintenance of the services, in this case, until the Township has assumed the responsibility of the services. 9.7 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance therefrom as has been approved by the Township Engineer. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 9.8 and the completion and maintenance of the services. 9.8 DRAINAGE - RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and the subsequent owners, from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and subsequent owners of the lots or blocks within the Plan of Subdivision, from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a copy of this Section 9.8 and Section 7.16 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and the owner, from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and/or subsequent lot owner. Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as per Section 427 of the Municipal Act, 2001. 37 Page 100 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... PART-10 - DEFAULT PROVISIONS 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or Occupancy Permits, and the Developer agrees not to apply for any Building Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 10.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province, Township of Oro-Medonte or other public body, such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change or policy of the Provincial Government or of the Township. 10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 427 of the Municipal Act, 2001. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this day of 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per H.S.Hughes Title Mayor Per J. Douglas Irwin Title Clerk 2008628 ONTARIO LTD. Per Title Per Title 38 Page 101 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE"A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: Part of Lot 3, Concession 7, being Parts 1, 2 and 3, 51 R-31839, being all of PIN #58533-0214 (Lt), Township of Oro-Medonte, County of Simcoe 39 Page 102 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. PLAN OF SUBDIVISION 51-M 40 Page 103 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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 2008628 ONTARIO LTD. 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 Diamond Valley subdivision in the Township of Oro-Medonte. LIST OF DRAWINGS VALDOR ENGINEERING INC. (JOB NO. 02117) GENERAL PLANS General Notes GN-1 General Servicing Plan GP-1 General Servicing Plan GP-2 General Servicing Plan GP-3 Storm Drainage Plan GP-4 Storm Drainage Plan GP-5 Storm Drainage Plan GP-6 Storm Sewer Plan GP-7 Watermain Plan GP-8 Watermain Plan GP-9 Culvert Design Table CD-1 Storm Design Tables SD-1 Storm Design Tables SD-2 LOT GRADING PLANS Lot Grading Plan LG-1 Lot Grading Plan LG-2 Lot Grading Plan LG-3 Lot Grading Plan LG-4 Lot Grading Plan LG-5 Lot Grading Plan LG-6 Lot Grading Plan LG-7 Lot Grading Plan LG-8 Lot Grading Plan LG-9 Lot Grading Plan LG-10 Lot Grading Plan LG-11 Lot Grading Plan LG-12 Lot Grading Plan LG-13 PLAN AND PROFILE DRAWINGS Diamond Valley Drive PP-1 Diamond Valley Drive PP-2 Diamond Valley Drive PP-3 Diamond Valley Drive PP-4 Diamond Valley Drive PP-5 Diamond Valley Drive PP-6 Sapphire Way PP-7 Sapphire Way PP-8 Emerald Terrace PP-9 41 Page 104 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... Emerald Terrace PP-10 Topaz Court PP-11 Opal Court PP-12 Ruby Ridge PP-13 Ruby Ridge PP-14 6ch Line PP-15 7m Line PP-16 Service Easement PP-17 Watermain Easement PP-18 Storm Blocks 136/137/138 PP-19 Temporary Emergency Access PP-20 Temporary Emergency Access PP-21 Temporary Emergency Access PP-22 Temporary Emergency Access PP-23 STORM WATER MANAGEMENT North S.W.M. Pond SWM-1 South S.W.M. Pond SWM-2 S.W.M. Pond Detail SWM-3 DESIGN STANDARD DRAWINGS Standard Details STD-1 Standard Details STD-2 JVF CONSULTANTS (1998) INC. (JOB NO. 22-429) Landscape Plan (Storm Water Detention Pond A) dated September, 2002 L-1 Landscape Plan (Storm Water Detention Pond B) dated September, 2002 L-2 Planting Details and Landscape Specifications dated September, 2002 L-3 C.C. TATHAM AND ASSOCIATES Site Plan SP-1 Roof Plan View R-1 Roadside Elevation R-2 Sectional Elevations R-3 Sectional Elevations R-4 Sectional Elevations R-5 Details DE-1 42 Page 105 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE"D" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS FOR PHASE 1 The following list summarizes the cost estimate of the major works, but is not necessarily inclusive: A) Roadway construction complete, including clearing and grubbing, excavation, granular road base materials, concrete curb and spillways and two lifts of asphalt 199,798.25 B) Storm Drainage works complete, including storm sewers, headwalls, culverts, detention pond, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices 165,020.60 C) Waterworks, including watermains, valves, hydrants and valves, and water services . $ 133,900.00 D) Miscellaneous items such as street name and regulatory signs and tree protection barrier 92,116.00 E) Electrical supply, including street lights, control panels and duct crossings 174,395.00 F) Pumphouse works ......$1,058,000.00 SUB-TOTAL $1,823,229.85 G) Allowance for Engineering and supervision 10%.. $ 182,322.99 SUB-TOTAL $2,005,552.84 5% G.S.T. $ 100,277.64 GRAND TOTAL $2,105,830.48 LETTER OF CREDIT RETAINED Remaining Outstanding Work $ 297,774.30 10% of Completed Work $ 180,805.62 RETAINED BY TOWNSHIP $ 478,579.92 43 Page 106 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. LIST OF LOTS REQUIRING SPECIAL ATTENTION 1. Septic tile beds are not to be constructed within the steep slope limits (slopes greater than 15%), as indicated on the Engineering Drawings for Lots 8-12, 20-26, 32-35, 38, 40-44, 58, 60-67, 72-74, 87-89, 93, 94, and 126 (all inclusive). 2. The following lots adjacent to wetland areas will require mantles: Lots 43, 47- 59, and 62-64 (all inclusive). 3. The following Lots are located within archaeological areas and require archaeological clearances before disturbing the archaeological areas: Lots 16, 17, 18, 21, 22, 23, 24, 25, 26, 27, 28, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 67, 68, 69, 70, 71, 75, 76, 77, 78, 79, 80, 81, 82, 86, 87, 92, 93, 94, 95, 96, 109 and 110. 4. Following registration, a compiled reference plan will be prepared by the Owner showing the limits of the 20 metre buffer from the wetland on Lots 42, 43, 47, and 53-59, and Block 137 with no development being permitted in the buffer, with exception of septic system mantles on Lots 55-59 and that these Lots be subject to Site Plan Control under Section 41 of the Planning Act. Permanent markers will be placed at the intersection of the side lot line and/or near lot line and the line denoting the limits of the 20 metre buffer. 5. The following Lots 1, 2, 9-11, 15, 18-20, 27-29, 36-41, 44, 46, 48-52, 60-66, 86, and 101-118, being in an area which is the site of closed-canopy forest cover or within a pine reforestation area, shall be subject to Site Plan Control under Section 41 of the Planning Act. 6. Site Plans for Lots listed in #4 and #5 shall be submitted to the Township and showing the following information: a) The location of building envelopes; b) The location of primary and reserve tile fields; c) The location of laneways and parking areas; d) The location of lands which have a slope greater than 15%; e) The location of swimming pools and tennis courts, or any other proposed structure or facility; f) The location of the wetland buffer; g) The extent of the forest cover to be maintained on the Lot; h) Permanent markers denoting 20 metre buffer; i) A landscape and/or mitigation concept based on naturalization principles, which generally respond to the following guidelines: 1. Identification and protection of approximately 50% of all over-storey trees to promote screening and retention of wildlife/habitat/corridor values. Within this area, no clear cutting of trees will be permitted, although thinning of dense, young tree growth and stems less than 4.0 c.m. diameter at breast height, as well as trees of poor health and quality will be permitted; 2. No alteration of soil mantles in protected areas, with the exception of the tile field mantles on Lots 55-59; Any Offer of Purchase and Sale for Lots listed in #4 and #5 shall contain a clause which states that the Lots are subject to Site Plan Control under Section 41 of the Planning Act, and that development will not be permitted on the Lots until a Site Plan Agreement has been entered into between the municipality and the Owner of the Lot. 44 Page 107 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per-lot basis prior to the issuance of the first Building Permit for each particular lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with By-Law 99-081 of the Township of Oro- Medonte at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with By-law [#3203-00] of the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with By-law #3 (2000) of the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services, County of Simcoe, County Clerk. Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development 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. 45 Page 108 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE"G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of TWO DOLLARS ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered, shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 A 6.Om wide easement on Lot 111, dedicated to the Township of Oro-Medonte, to accommodate a watermain installation. Refer to Plan 51 R- , Part 2.0 A 6.Om wide easement on Lot 34, dedicated to the Township of Oro-Medonte, to accommodate watermain installation. Refer to Plan 51 R- Part 3.0 An 8.5m wide easement on Lot 74, dedicated to the Township of Oro-Medonte, to accommodate watermain and storm ditch construction. Refer to Plan 51 R- , Part 4.0 An 8.5m wide easement on Lot 61, dedicated to the Township of Oro-Medonte, to accommodate watermain and storm ditch construction. Refer to Plan 51 R- , Part 5.0 Blocks 146 and 147, Plan 51 M- deeded to the Township of Oro-Medonte, for street widening. 6.0 Blocks 141-145, and 148, Plan 51M- deeded to the Township of Oro-Medonte, as 0.3m reserves. 7.0 Blocks 129, 130, 133, 134, 135, and 138, Plan 51 M- deeded to the Township of Oro-Medonte, as open space. 8.0 Block 131, Plan 51 M- , deeded to the Township of Oro- Medonte, for construction of a drilled well and pump house. 9.0 Block 132, Plan 51 M- , deeded to the Township of Oro-Medonte, for Storm Water Management Pond. 10.0 Block 137, Plan 51 M- deeded to the Township of Oro-Medonte, for storm drainage. a) Block 139, Plan 51 M- deeded to the Township of Oro-Medonte, for Storm Water Management Pond. 11.0 Lots 85,88,89,90,91,92, Plan 51 M- deeded to the Township of Oro-Medonte in escrow with the Township solicitor until the 6t" Line Road and County Road #22 Road Improvements are completed and a Certificate of Maintenance and Final Acceptance is issued by the Township, or until other financial security is accepted by the Township, upon which the deeds will be returned to the developer, or: 46 Page 109 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... a) The escrow is released and the Township solicitor may proceed to register the deeds in favour of the Township if within three (3) years of the execution of this Subdivision Agreement the 6th Line and County Road #22 Certificate of Maintenance and Final Acceptance has not been issued by the Township or other financial security has not been accepted by the Township, or within 30 days written notice from the Township requiring the securities to be posted. 47 Page 110 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE"H" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. PARKLAND Cash in lieu in the amount of $ 20,000.00 48 Page 111 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE "I" TOWNSHIP OF ORO-MEDONTE DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION DEVELOPER CONSULTING ENGINE As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. The Developer(s) The Developer hereby agrees and undertakes to complete the construction of the Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township Engineer and more specifically in accordance with the following schedule and conditions: a) Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. b) Granular "B" and Granular "A" on or before c) Grading, topsoiling and seeding of private blocks and parks on or before_ d) Boulevard sodding on all roads on or before e) Hot asphalt on or before Planting of trees on or before 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer undertakes to properly maintain the gravel road base at all times and to keep all roads in a mud-free and dust-free condition until such times as the roads, including boulevards, have been completed; 49 Page 112 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... 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. 2008628 ONTARIO LTD. Seal or Witness Date 50 Page 113 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. GENERAL LOCATION AND LOT GRADING PLANS PROCEDURE After the General Location and Lot Grading Plan have been approved by the Township, then: a) six copies to be delivered to the solicitor for the Township. b) six copies to be delivered to the Township. c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered to the solicitor for the Township. 51 Page 114 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE "K" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 2008628 ONTARIO LTD. Master Monitoring Document, Sabi ston/Valdoro Properties, Township of Oro-Medonte dated October, 2003 (revised March, 2008) prepared by Michalski Nielsen Associates Limited 52 Page 115 of 150 - Being a By-Law to Authorize the Execution of a Subdivision A... SCHEDULE "L" 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 53 Page 116 of 150 - A By-law t... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-061 A By-law to Assume and Establish Highways Within the Township of Oro-Medonte Plan 51M-746 WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may pass by-laws with respect to jurisdiction over highways; AND WHEREAS Section 31 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may by by-law establish a highway; AND WHEREAS Section 26 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, defines what constitutes a highway; AND WHEREAS Council of the Township of Oro-Medonte deems it necessary to assume and establish for use highways within the boundaries of the Township of Oro- Medonte listed on Schedule 'A' attached hereto; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT all highways listed in Schedule 'A' of this by-law are hereby assumed and established for use as a public highway; 2. THAT the attached Schedule 'A' shall form part of this By-law; 3. THAT this by-law shall come into force and take effect on its final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 12010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 117 of 150 - A By-law t... SCHEDULE `A' to BY-LAW NO. 2010-061 Assumed and Established for Use as a Public Highway: Street Name Plan PIN Forest Hill Drive Plan 51M-746 58544-0115 (LT) Page 118 of 150 - A By-Law T THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-062 A By-Law To Authorize the Sale of Part of the Road Allowance knows as Lakeview Avenue, Plan 798, (PIN #58559-0176 (LT)), closed by Oro By-law 90-56, registered as Instrument R0112109, more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51 R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), closed by Oro By-law 90-56, registered as Instrument R0112109, more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro-Medonte; County of Simcoe And To Permanently Close and Sell Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51R-37008; Cedar Walk (PIN #58559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559-0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe. And To Repeal By-law Nos. 2006-032 and 2006-037 WHEREAS pursuant to Section 11(2) of the Municipal Act 2001, S.O. 2001, c.25, as amended, Council is empowered to pass by-laws respecting highways; AND WHEREAS Section 34 of the Municipal Act, S.O. 2001, c.25, as amended, provides procedures for highway closing; AND WHEREAS the Township of Oro did enact By-law No. 90-56 on the 7th day of May 1990, Being a By-law to Close Lakeview Avenue, Plan 798, registered as Instrument R01122109; AND WHEREAS the Part of the Road Allowance known as Lakeview Avenue, Plan 798, closed by Oro By-law No. 90-56, registered as Instrument R0112109, (PIN #58559-0176 (LT)), more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51 R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro-Medonte; County of Simcoe, is no longer required for municipal purposes; AND WHEREAS the Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51 R-37008; Cedar Walk (PIN #58559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559-0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, are no longer required for municipal purposes; AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By-law No. 2007-083 on the 18th day of July, 2007, being a By-law to establish a policy/procedure with respect to the sale and other disposition of land; Page 119 of 150 - A By-Law T AND WHEREAS The Corporation of the Township of Oro-Medonte did Transfer an Easement to Gerald Bruce Heatherington and Laura Lyn Heatherington over Part of Lakeview Avenue, Plan 798 (PIN #58559-0176 (LT)), as closed by Oro By-law No. 90- 56, being Parts 2 and 3, Plan 51 R-34372, and Part of Cedar Walk, Plan 606 (PIN #58559-0087 (LT)), being Part 1, Plan 51 R-34372, Township of Oro-Medonte, County of Simcoe, registered as Instrument SC437494, and which easement rights are no longer required by the Heatheringtons, who have agreed to Release and Abandon same, at their expense; AND WHEREAS Council has previously caused notice to be given of its intention to sell and permanently close and sell the lands described in Schedule "A" attached hereto and forming part of this by-law, in accordance with the requirements set out in By-law 2007-083, as amended; AND WHEREAS Council has determined that the said lands are not required for municipal purposes, and has by resolution declared the lands designated as Part of the Road Allowance known as Lakeview Avenue, Plan 798, closed by Oro By-law No. 90- 56 (PIN #58559-0176 (LT)), more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51 R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro-Medonte; County of Simcoe, and the Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51 R-37008; Cedar Walk (PIN #58559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559-0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, described in Schedule "A" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed road closure of the proposed sale of land from any party; AND WHEREAS pursuant to procedural By-law 2007-083, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed by-law to sell Part of the Road Allowance known as Lakeview Avenue, Plan 798, closed by Oro By-law No. 90-56 (PIN #58559-0176 (LT)), more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51 R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro-Medonte; County of Simcoe, and to permanently close and sell Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51 R-37008; Cedar Walk (PIN #58559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559-0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy of which is attached as Schedule "B" and forms part of this by-law; AND WHEREAS the proposed by-law came before Council of The Corporation of The Township of Oro-Medonte for consideration at its meeting on the 24th day of March, 2010, and at that time Council received no notice of objection to the proposed road closure or proposed sale of land from any party; Page 120 of 150 - A By-Law T NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: Permanently Close - Council does hereby permanently close the Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51 R- 37008; Cedar Walk (PIN #58559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559-0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" attached hereto, and forming part of this by-law. Authorization of Sale - Council does hereby authorize the sale of Part of the Road Allowance known as Lakeview Avenue, Plan 798, closed by Oro By-law No. 90-56 (PIN #58559-0176 (LT)), more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51 R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro-Medonte; County of Simcoe, and the Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51 R-37008; Cedar Walk (PIN 458559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559- 0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, to the registered owners from time to time of the abutting lands as follows and that the title to the transferred lands merge with those lands owned by the respective abutting owners: Owner Land to be Transferred Crawford, Patti-Jane Part of Park Drive, Plan 606, being (PIN 58559-0352 (LT) Part 1, Plan 51R-37008 (Part of PIN #58559-0097 (LT)) Markov, Jovan Part of Park Drive, Plan 606, being (PIN #58559-0071 (LT)) Part 2, Plan 51 R-37008 (Part of PIN #58559-0097 (LT)), and Jory Avenue, Plan 606 PIN #58559-0099 LT Heatherington, Gerald Bruce Part of Cove Street, Plan 606 being Heatherington, Laura Lyn Part 3, Plan 51 R-37008 (PIN #58559-0086 (LT), and (Part of PIN #58559-0098 (LT)), and PIN #58559-0085 (LT)) Cedar Walk, Plan 606 (PIN #58559-0087 (LT)), and Jory Avenue, Plan 606 (PIN #58559-0088 (LT)), and Part of Lakeview Avenue, Plan 798 being Parts 8, 9, 10 and 11, Plan 51 R-37008 (Part of PIN #58559-0176 (LT)) Page 121 of 150 - A By-Law T Owner Land to be Transferred Markov, Lisa Dawn Part of Cove Street, Plan 606 being Markov, Jovan Part 4, Plan 51 R-37008 (PIN #58559-0084 (LT), and (Part of PIN #58559-0098 (LT), and PIN #58559-0083 (LT), and Part of Lakeview Avenue, Plan 798 being PIN #58559-0082 (LT), and Parts 12, 13, 14, and 15, Plan 51 R- PIN #58559-0078 (LT), and 37008 PIN #58559-0079 (LT), and (Part of PIN #58559-0176 (LT)), and PIN #58559-0319 (LT)) Hambly Avenue, Plan 606 (PIN #58559-0089 (LT), and Palling Avenue, Plan 606 (PIN #58559-0090 (LT)), and Sunnyside Avenue, Plan 606 (PIN #58559-0096 (LT)), and Indian Trail, Plan 606 (PIN #58559-0095 (LT)), and Maple Road, Plan 606 (PIN #58559-0094 (LT)), and Adams Road, Plan 606 (PIN #58559-0100 (LT)) Gignac, Samuel Charles Part of Lakeview Avenue, Plan 798 being Gignac, Sharon Ann Part 5, Plan 51 R-37008 (PIN #58559-0104 (LT)) (PIN #58559-0177 (LT)), and Part of Lakeview Avenue, Plan 798 being Parts 6 and 7, Plan 51 R-37008 (Part of PIN #58559-0176 (LT)) Markov, Lisa Dawn Part of Lakeview Avenue, Plan 798 being (PIN #58559-0081 (LT)) Part 16, Plan 51 R-37008 (Part of PIN 58559-0176 (LT)), and Sunnyside Avenue, Plan 606 (PIN #58559-0091 (LT)), and Indian Trail, Plan 606 PIN #58559-0092 LT McKay, Kris Part of Lakeview Avenue, Plan 798 being Young, Barbara Part 17, Plan 51 R-37008 or their assignee (Part of PIN #58559-0176 (LT)), and (PIN #58559-0080 (LT)) Maple Road, Plan 606 PIN #58559-0093 LT McKay, Kris Part of Lakeview Avenue, Plan 798 being Young, Barbara Part18, Plan 51R-37008 or their assignee (Part of PIN #58559-0176 (LT)) PIN #58559-0119 LT Upon registration of the Transfer, the respective owners be required, at their expense, to bring an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the parcels with their abutting property to one Property Identifier Number. Page 122 of 150 - A By-Law T 3. Sale Price and Consideration - In accordance with By-law 2007-083, as amended, Council hereby sets the sale price for land designated as Part of the Road Allowance known as Lakeview Avenue, Plan 798, closed by Oro By-law No. 90-56 (PIN #58559-0176 (LT)), more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51 R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro-Medonte; County of Simcoe, and the Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN 458559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51 R-37008; Cedar Walk (PIN #58559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559- 0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, as follows: Benefitting Owner Description of Land Land Sale Price Crawford, Patti-Jane Part of Park Drive, Plan 606, being $2,486.4 6 (PIN 58559-0352 (LT) Part 1, Plan 51R-37008 (Part of PIN #58559-0097 (LT)) Markov, Jovan Part of Park Drive, Plan 606, being $ 1.00 (PIN #58559-0071 (LT)) Part 2, Plan 51 R-37008 (Part of PIN #58559-0097 (LT)), and Jory Avenue, Plan 606 (PIN #58559-0099 (LT) Heatherington, Gerald Part of Cove Street, Plan 606 being $ 1.00 Bruce Part 3, Plan 51 R-37008 'Plus further Heatherington, Laura (Part of PIN #58559-0098 (LT)), and consideration Lyn Cedar Walk, Plan 606 (see below) (PIN #58559-0086 (LT), (PIN #58559-0087 (LT)), and and Jory Avenue, Plan 606 PIN #58559-0085 (LT)) (PIN #58559-0088 (LT)), and Part of Lakeview Avenue, Plan 798 being Parts 8, 9, 10 and 11, Plan 51 R-37008 (Part of PIN #58559-0176 (LT)) Markov, Lisa Dawn Part of Cove Street, Plan 606 being $ 9,000.00 Markov, Jovan Part 4, Plan 51 R-37008 (PIN #58559-0084 (LT), (Part of PIN #58559-0098 (LT), and and Part of Lakeview Avenue, Plan 798 PIN #58559-0083 (LT), being and Parts 12, 13, 14, and 15, Plan 51 R- PIN #58559-0082 (LT), 37008 and (Part of PIN #58559-0176 (LT)), and PIN #58559-0078 (LT), Hambly Avenue, Plan 606 and (PIN #58559-0089 (LT), and PIN #58559-0079 (LT), Palling Avenue, Plan 606 and (PIN #58559-0090 (LT)), and PIN #58559-0319 (LT)) Sunnyside Avenue, Plan 606 (PIN #58559-0096 (LT)), and Indian Trail, Plan 606 (PIN #58559-0095 (LT)), and Maple Road, Plan 606 (PIN #58559-0094 (LT)), and Adams Road, Plan 606 PIN #58559-0100 LT Page 123 of 150 - A By-Law T Benefitting Owner Description of Land Land Sale Price Gignac, Samuel Part of Lakeview Avenue, Plan 798 $ 640.45 Charles being Gignac, Sharon Ann Part 5, Plan 51 R-37008 (PIN #58559-0104 (LT)) (PIN #58559-0177 (LT)), and Part of Lakeview Avenue, Plan 798 being Parts 6 and 7, Plan 51 R-37008 (Part of PIN #58559-0176 (LT)) Markov, Lisa Dawn Part of Lakeview Avenue, Plan 798 $ 3,608.75 (PIN #58559-0081 (LT)) being Part 16, Plan 51 R-37008 (Part of PIN 58559-0176 (LT)), and Sunnyside Avenue, Plan 606 (PIN #58559-0091 (LT)), and Indian Trail, Plan 606 (PIN #58559-0092 (LT)) McKay, Kris Part of Lakeview Avenue, Plan 798 $ 1,777.47 Young, Barbara being or their assignee Part 17, Plan 51 R-37008 (PIN #58559-0080 (LT)) (Part of PIN #58559-0176 (LT)), and Maple Road, Plan 606 (PIN #58559-0093 (LT)) McKay, Kris Part of Lakeview Avenue, Plan 798 $645.8 3 Young, Barbara being or their assignee Part18, Plan 51 R-37008 PIN #58559-0119 LT Part of PIN #58559-0176 LT As further consideration, Gerald Bruce Heatherington and Laura Lyn Heatherington have agreed, at their own expense, to see to the registration of a Release and Abandonment of the Easement granted unto them and registered as Instrument No. SC437494, over and along Parts 1, 2 and 3, Plan 51 R-34372, as same is no longer required. In addition to the land sale price the respective Registered Owners are responsible for the administrative costs incurred by the Township of Oro- Medonte, associated with the transfers. Such administrative costs include cost of survey, advertising, legal fees and disbursements. 4. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. 5. Repeal of By-laws - That By-law Nos. 2006-032 and 2006-037 are hereby repealed in their entirety. BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 124 of 150 - A By-Law T Schedule "A" to By-law No. 2010-062 for The Corporation of the Township of Oro-Medonte Part of the Road Allowance known as Lakeview Avenue, Plan 798, closed by Oro By-law No. 90-56, registered as Instrument R01122109, (PIN #58559-0176 (LT)), more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51 R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro-Medonte; County of Simcoe, And The Unopened Road Allowances on Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51 R-37008; Cedar Walk (PIN #58559- 0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559- 0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559-0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN 458559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe. - t E i Page 125 of 150 - A By-Law T Schedule "B" to By-law No. 2010-062 for The Corporation of the Township of Oro-Medonte NOTICE OF PROPOSED SALE OF LAND BY-LAW TAKE NOTICE that the Township of Oro-Medonte proposes to pass a By-law to permanently close and sell road allowances, in the Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By-Law will come before the Council of the Township of Oro-Medonte at its regular meeting to be held at the Council Chambers on the 24"' day of March, 2010 at 7:00 p.m. and at that time Council will hear in person or by his/her counsel, solicitor or agent, any person who claims that his/her land will be prejudicially affected by the By-law. Any person wishing to be heard or make comment on the proposed sale shall provide the undersigned with either a written application to be heard or written comment no later than 12:00 noon on March 17"', 2010. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 12TH DAY OF MARCH. 2010. J. Douglas Irwin, Clerk, Township of Oro-Medonte 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Fax: (705) 487-0133 Sale: Part of the Road Allowance known as Lakeview Avenue, Plan 798, closed by Oro By- law No. 90-56 (PIN 458559-0176 (LT)), more particularly described as Parts 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Plan 51 R-37008; and Part of Lakeview Avenue, Plan 798 (PIN #58559-0177 (LT)), more particularly described as Part 5, Plan 51 R-37008; (geographic Township of Oro), Township of Oro- Medonte; County of Simcoe. SCHEDULE "A" Closure and Sale: Unopened Road Allowances in Plan 606 known as Park Drive (PIN #58559-0097 (LT)), more particularly described as Parts 1 and 2, Plan 51 R-37008; Cove Street (PIN #58559-0098 (LT)), more particularly described as Parts 3 and 4, Plan 51 R-37008; Cedar Walk (PIN - - #58559-0087 (LT)); Jory Avenue (PIN #58559-0088 (LT) & PIN #58559-099 (LT)); Hambly Avenue (PIN #58559-0089 (LT)); Palling Avenue (PIN #58559-0090 (LT)); Sunnyside Avenue (PIN #58559-0091 (LT) & PIN #58559-0096 (LT)); Indian Trail (PIN #58559-0092 (LT) & PIN #58559-0095 (LT)); Maple Road (PIN #58559-0093 (LT) & PIN # 58559-0094 (LT)); and Adams Road (PIN #58559-0100 (LT)); (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe. Page 126 of 150 - Being a By... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-063 Being a By-Law to Regulate the Construction of Driveway Entrances Upon the Highways Under the Jurisdiction of The Corporation of the Township of Oro-Medonte and to Repeal By-Law No. 2005-137 WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes municipalities to pass by-laws respecting highways; AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes municipalities to pass by-laws respecting drainage; AND WHEREAS Council enacted By-Law No. 2005-137 on December 7, 2005, "A By- Law to Regulate the Construction of Driveway Entrances Upon the Highways Under the Jurisdiction of The Corporation of the Township of Oro-Medonte; AND WHEREAS Council now deems it expedient to update the by-law; NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows: 1. DEFINITIONS (a) "APPLICANT" means a person being the owners of a lot or his authorized agent applying for an Entrance Permit. (b) "BOULEVARDS" means any part of a highway where grass is grown of which is not intended for use of vehicles between the curb or outside edge of the shoulder or roadway inclusive of the area covered by a sidewalk or footpath. (c) "COUNCIL" means the Municipal Council of The Corporation of the Township of Oro-Medonte. (d) "DIRECTOR OF TRANSPORTATION AND ENVIRONMENTAL SERVICES" means the Director of Transportation and Environmental Services of the Township of Oro-Medonte or his/her designated representative. (e) "ENTRANCE" means any private driveway, gate entranceway or other structure or facility constructed as a means of access to a municipal roadway. (f) "HIGHWAY" means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof (Highway Traffic Act, R.S.O. 1990, c.H.8, as amended) (h) "STREET LINE" means the line dividing a private lot and the road allowance. (i) "STRUCTURE" means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground and used for the shelter or accommodation of persons, animals or goods. (j) "TOWNSHIP" means The Corporation of the Township of Oro-Medonte. 2. ENTRANCE PERMITS 2.1 No person shall construct, alter, relocate or use an entrance upon a highway under the jurisdiction of the Township except under the authority of an Entrance Permit. Page 127 of 150 - Being a By... 2.2 No person shall: (a) change a temporary entrance to a permanent entrance, (b) create a structure on vacant land, (c) change a use of a land, or (d) apply asphalt, concrete or any type of endwalls to an entrance without first having obtained an Entrance Permit. 3. ISSUANCE OF ENTRANCE PERMITS 3.1 The Director of Transportation and Environmental Services or his/her designate may issue an Entrance Permit to an applicant having regard to the following: (a) (i) location, width and proposed use of the entrance, (ii) sight distance along the road, (iii) location of trees and public utility services. (b) Upon receipt of an official "Entrance Permit Application" attached hereto as Schedule "A" and forming part of this by-law; (c) Upon payment of the applicable fee as approved in the Township of Oro- Medonte Fees and Charges By-Law; (d) No fee is required for a property entrance when in conjunction with the written approval required as a condition in a new lot severance. 3.2 Issuance of an entrance permit does not guarantee the issuance of a building permit by the Township of Oro-Medonte. 4. CONSTRUCTION OF ENTRANCE 4.1 No person shall perform any work upon a highway without the prior consent of the Director of Transportation and Environmental Services or his/her designate. 4.2 Should a highway entrance not be constructed to the specifications authorized by the entrance permit, the Director of Transportation and Environmental Services or his/her designate shall have the authority to request that such entrance be reconstructed to conform to the original specifications authorized by the entrance permit. The Director of Transportation and Environmental Services shall have the authority to request that any highway entrances subsequently altered from the original specifications authorized by the entrance permit be reconstructed to conform to the original specifications. 4.3 The failure of an owner of property to comply with Section 4.2 of this By-law shall result in the Township of Oro-Medonte undertaking the necessary work at the expense of the owner. Should the cost of the work borne by the Township remain unpaid by the property owner, these costs shall be considered a debt to the Township of Oro-Medonte and, together with all interest and penalties accrued thereupon, may be collected by the Township of Oro-Medonte by action or may be collected by the Township of Oro-Medonte on its behalf or may be collected in like manner as taxes. S. OBSTRUCTION PROHIBITED 5.1 No person shall tile or cover a boulevard, except under authority of and in accordance with the conditions of an entrance permit. Page 128 of 150 - Being a By... 5.2 No person shall obstruct any drain, ditch or watercourse situated on any highway under the jurisdiction of the Township. 6. MAINTENANCE OF ENTRANCES 6.1 Nothing in this By-Law shall be construed as placing an obligation upon the Township for maintenance of the driven surface of an entrance constructed pursuant to a permit issued by the Director of Transportation and Environmental Services or his/her designate. 6.2 Notwithstanding the provision of Section 6.1 of this By-Law, the Director of Transportation and Environmental Services is hereby authorized and directed to maintain and replace any culvert installed pursuant to this By-Law. 7. OFFENCE 7.1 It shall be an offence to perform any act which is contrary to the provision of this By-Law. 7.2 Any person who violates any provision of this By-Law, upon conviction, is guilty of an offence and shall be liable to a fine in an amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, Chapter P. 33. 8. SEVERABILITY 8.1 Every provision of this By-Law is declared to be severable from the remainder of the By-Law, and if any provision of this By-Law shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder thereof. 9. SHORT TITLE 9.1 The short title of this By-Law is the "Road Entrance By-Law". 10. REPEAL 10.1 That By-Law No. 2005-137 be repealed in their entirety. 11. EFFECTIVE DATE 11.1 This By-law shall come into full force and effect upon the day of final passage thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 129 of 150 - Being a By... Schedule "A" to By-Law No. 2020-063 Entrance Permit No. TownsFeip of Proud Heritage, Exciting 1-fure Date: Name of Applicant: Mailing Address: MAS No. (Green No.): Telephone No.: Fax No.: Application is hereby made to construct the following (check one): Unpaved Entrance ED Temporary Entrance ® Pave Existing Entrance Q Paved Entrance ® Culvert End Protection Change Design/Location of Existing Entrance Other: Type of Entrance: = Residential © Farm Commercial/industrial Location of Property: Lot and Concession/Sideroad Plan No. PLEASE MARK ENTRANCE LOCATION WITH PAINTED ORANGE STAKES Fee Required: 0 Yes = No Fee: Paid: Please indicate Lot Location with surrounding roads. Please indicate North. Applicant's Signature: Office Use Only: No. of Entrances: Width: m Culvert or Pipe Needed: Q Yes = No Length and Size: Sight Line Distance: m from right m from left Indicate, which if any, of the following will be affected: ® Cross Reference with Easements ® Roadway ® Trees Q Curb/Gutter Q Signs/Guide Rails = Other Comments: Date: Approval Authority: Page 130 of 150 - Being a By... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2010-064 Being a By-Law to Authorize the Execution of an Agreement Between The Township of Oro-Medonte and 1588429 Ontario Limited, o/a Ron Burton & Sons, for Tender Contract RC 2010-01, Schedule "B" Parks - Aeration and Fertilization 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 Council for The Corporation of the Township of Oro-Medonte declared, by Motion No. C100310-10, the successful bidder of Tender RC2010-01, Schedule "B" Parks - Aeration and Fertilization to be 1588429 Ontario Limited, o/a Ron Burton & Sons; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. RC2010-01, Schedule °B"; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. RC2010-01, Schedule "B" attached hereto as Appendix "A" and forming part of this By-Law. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 131 of 150 - Being a By... Appendix "A" to By-Law No. 2010-06 AGREEMENT - TOWNSHIP OF ORO-MEDONTE This Agreement made, in duplicate, this 23rd day of February 2010. BETWEEN 1588429 Ontario Limited 0/A Ron Burton & Sons of the Village of Warminster inthe District or County of S i m co e and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Public Works Superintendent or his Representative, to do all the work as specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 10 Page 132 of 150 - Being a By... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement in a timely manner, of each year. The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro-Medonte have hereunto signed their names and set their seals on the day first above written. Signature of Contractor, or Signature of the Clerk Signature of the Mayor with Seal Signature of Corporation Seal of Corporation Adam R. Burton - Vice-President "I have the authority to bind the corporation" 11 Page 133 of 150 - Being a By... SCHEDULE PARK NAME ADDRESS CLASS SIZE TURF DESCRIPTION OF Contract Price C itract PNce Contract Pr c~• 6 SiTE Excluding Taae E luding Taws Excl. ding Taxes 2010 .2011 2012 (ACRES) - 1 Shanty Bay Ball Park 1950 Ridge Read West A 4.2 Heavy Stones and wet ditch line. Trim fence, $ 527 543 $ 559 trees,bleachers and building 2 Shelswell Park 118 Lakeshore Road West A 3.5 Medium Two properties 133 Lakeshore Rooad West north and south $ 527 543 $ 559 of Lakeshoe, trim around sports pad, boilards, rocks, and trees 3 Harbourwood Park 40 Shelswell Boulevard A 5.9 Med)heav Includes pump y house, trim entrances, pump house, fence, $ 490 510 $ 530 and front ditch, ditch at 5 Memorial Park a) 687 Lakeshore Road E, A a) 7.4 Heavy Trim fence, B) Plan 121 Block A (Private) b) 2S posts, trees, gardens, $ 658 682 $ 706 benches and paviilions 7 Oro-Medonte Admin. 148 Line 7 South A 12 Medium Trim ditch, Centre building and $ 452 $ 468 $ 484 trees 8 Lions I and 11 71 Line 4 North A 9.9 Heavy Wet in ditch, trim fence and around buildings $ 804 836 $ 868 9 Old Town Hall & 833 Line 7 North A 1.2 Medium Trim fence line, Cenotaph building and $ 452 468 $ 484 cenotaph 10 Danny McCue Ball 1885 Warminster Sidemod A 7.4 Heavy Ditch line is Diamond (Formerly rough, trim Warminster Bali Park) building, $ 477 4'93 $ 509 playground 11 Richlieu Soccer Field 15 A Richiieu Street, A 8.4 Medium Includes Warminster entranceway, and pedestrian access, trim fenceline and $ 741 $ 769 $ 797 around goal posts 12 Ravines of Medonte 8 Blackcomb Drive A 2 Fine Trim at fence line and around $ 527 $ 543 $ 559 sports pad and trees 13 Ramey Memorial Park 5464 Line 8 North A 2.5 Heavy Includes pump house, trim entrances, pump house, fence, 527 $ 543 $ 559 and front ditch, ditch wet 14 Vasey Park 4851 Vasey Read A 7.5 Heavy 2 Bail Diamonds, playground trim bail fences, entranceway, playground, $ 578 $ 602 $ 626 bleachers, and buildings 15 O.P.P.-Horseshoe 3375 Line 4North A 0.5 Medium Flat and Valley landscaped, $ 389 $ 401 $ 413 16 Lohuaru Trail 3375 Line 4 North Adjacent to A 0.5 Heavy Outdoor Fitness OPP Station Stations and Gardens, trim all $ 502 $ 518 $ 534 areas 17 Line 4 Park Corner of Line 4 and A 3 Heavy Landscaped Horseshoe Valley Road areas, tennis Adjacent to Fireball court, and sports pad trim all areas $ 427 $ 443 $ 459 Arbmmood Park 8 Basswood Circle A 2.8 Medium Trim Fences, around playground and $ 477 $ 493 $ 509 walkways 19 Sweetwater Park 3353 fine 6 North A 2.4 Medium Trim Fences, trees, playground, and $ 532 $ 548 $ 564 walkways. 20 Brawls Park Rail A 1.2 Medium Trim around rock fence, signs and tables $ 402 $ 418 $ 434 22 Emily Park 46 and 48 Red Oak Crescent A 3.6 Fine Rough $ 465 $ 485 $ 505 fUTAL2UlU= IUTAL ZU11= TOTAL 2612= Totals $ 9954 $10,306 $10,658 Page 134 of 150 - Being a By... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-Law No. 2010-065 Being a By-Law to Authorize the Execution of an Agreement Between The Township of Oro-Medonte and Perry Wright Maintenance, for Tender Contract RC 2010-01, Schedule "A" Parks - Grass Cutting and Trimming 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 Council for The Corporation of the Township of Oro-Medonte declared, by Motion No. C100310-10, the successful bidder of Tender RC2010-01, Schedule "A" Parks - Grass Cutting and Trimming to be Perry Wright Maintenance; AND WHEREAS Council deems it expedient to enter into an agreement for Contract No. RC2010-01, Schedule "A"; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement for Contract No. RC2010-01, Schedule "A" attached hereto as Appendix "A" and forming part of this By-Law. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 24T" DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 135 of 150 - Being a By... Appendix "A" to By-Law No. 2010-065 AGREEMENT - TOWNSHIP OF ORQ-MEDONTE This Agreement made, in duplicate, this day of 2010. BETWEEN p r V-1 of the in the District or County of S t 1'~n C ~ and the Province of Ontario; Hereinafter called the "Contractor" THE PARTY OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH that the Party of the First Part, for and in consideration of the payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Public Works Superintendent or his Representative, to do all the work as specified and to complete such works in strict accordance with the plans, specifications and tender thereof, which are identified and acknowledged in the schedule of provisions, plans and specifications and conditions attached to the tender, and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. 10 Page 136 of 150 - Being a By... CONTRACT NO. RC2010-01 PARKS TURF MAINTENANCE G.S.T. No. O7 1,7 t 1 q Ir T Me the undersigned, have carefully examined the locality of the site of the proposed works, hereby agree to furnish all labour, materials, equipment and services necessary to complete the work for the 2010, 2011, and 2012 Seasons, in accordance with the attached Instructions to Bidders, General Conditions and Specifications for the Prices outlined in Form of Tender Schedule ""A" and/or Schedule "B" Tenderers may choose to tender on Schedule "A" or Schedule "B" separately or together. Signed at the 6 tr i cc County of of 71SR9~rr~ht MA;^~Z'9ncc in the this . day of r v' , 20th. la Signature of the Corporation Seal of Corporation ?e- V-Y- I l--,~ r 15 k t 700-, 5~6-- 11135 Name and Telephone No. of Person To be Contacted 9 Page 137 of 150 Witnesses and Position Held - Being a By... The Contractor further agrees that he will deliver the whole of the works, completed in accordance with this Agreement in a timely manner, of each year. The Contractor agrees that such monies may be deducted from any monies due the Contractor on any account whatsoever. IN CONSIDERATION WHEREOF said Party of the Second Part agrees to pay to the Contractor for all work performed, the unit price on the tender. This Agreement shall ensure to the benefit of and be binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESSES WHEREOF the Contractor and the Township of Oro-Medonte have hereunto signed their names and set their seals on the day first above written. ig to of Contractor, or Signature of the Clerk Signature of the Mayor with Seal 11 Signature of Corporation Seal of Corporation Page 138 of 150 - Being a By... ` z rte ~ ~ G c x, n 2 «t 'hoc "~uS F a ~ :2 A 3# ~ m qa E : M2 t G tS T J r I m R 3 _ L \ 8 3 '8 3 M x c' v - ~ U ~ m m m m m m m m m m m m m W U r ' •a x E~= m m m m m m m m m m m m - c U m m W ~ ~ ` '3'4~ .bi"' eye o M .•y., ry'S~ L b x E~~ c v wz m m m m m m m m m m m m m m w 'sq 3f c d Ev 3 Yy 3 m ~y c m a c m . ~ ~ = c a m d« s 'o E'c 'w ~ _F O1 w=a ai c m aY a a y m do E t b ' sm aI d ~ a v v S a v a cd = 3 me E aQ ~°Ir ~ = m d e w m a d or m ~ Aa Qdw o m a ~ ~ ~ a- d a~ c m of u a~ .q ~q > c v E a w cdi a ~ 0 a 3~ a w AR- d ~ Em o ~ ~ a ~d ~ nu 0 =a Qo« a dm .c" 8m c D ua do v~o a S his Em~m 13 d a + ai `oc a o~m 3 ~Et E a Ec a E c m' E° a £a a ~ d f0 v- o 1- J a c ~ Q 9 J- d 1= a F 9 ~ a •Cd I- U D a d o G O'. t'd ~pp F O. u w ~ o. a mc i N w .C Y. 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W O H ~ iV N N g ¢ a a ¢ a a a m m m m m m m m m m m m a ' mq°~ m o ~ me m U m F ~ m ° c s ~ d v m o oZ m t~i ~ . v c L« v ~ Em~o a o w ~ ~ =`o O m Q0 ° as M c d o ~m m dm m m m ~ m a Tom . °Ka.. . z°a omc 3 = q a,.. 'a'i Ly c_ ~ c>°' Mm sp v ° o 20 m ro 6 0 ZS rn W s ~ ° ~ ~ o : ~ U= .2 m a a m c N v ~ = e n W 10 m W o W F Y ffi O O Y W 6. Y m 4 0 ~ m C ffi ° L ~ ~ N m m i S R N Y d q N= ¢ 3 ~ 'o a m ' m ; m 0 m E ~ Y m y N 9 m'um'. U _ $ L Y m ~ G o m ° O. _ 'C 'D U m = rn Q J N fl. G ° E q m f%3 (3 N F W J ar ~.Q... U N W i ~ W N O N N N N M N F N N N N W N N O M Page 140 of 150 - Being a By... - 75 S s E U E E E C E E I J S+ 3 L w N N N lvrj N N N JV M N N U r G ~ s J ~ - J ~ p s3 • O p Q X EA j N N N N N N /\j M N lil 2 U w , ~ 4 N w F ~ 31 y` r ) ~ a ~5 y XCc a' ~ N N N C4 1_ N N N 1 lV ~ N N Y-EU wa' acai°~$.. ~ ~ 03 3 .2 r~ 3 E a L _ L a o C a o N L L O U L ~ R ~ R ~ o a a r ` ° d W a d E L zl sC a T ~ w 3 ° ~ r m ° 5 c t° H o f a E 8 U. E a c d N a a m .L m x y 0 ~i 'x ~j 0 ~ a ~ m m m 'L ~ ~ - E 9 d E ' E X~ M- X c d N a a X c m N° W ~i F cm O f= ua. h V E U`° U ow LL a - c_ LL ~ a s 'S' ~ ~ ~ ° g ° g ~ a c a c i~. c W 3 'a ~ g ~ R a C '~a a : a m d A lC l9 a C E p. LL LL Z O O O W Y-L O Z v ~ ~ g g g a o = O5 a ~ ~ s m a ~ ~ a a a m 9 a o rn a o a 0 z o z ~ z z N N U Q O OO Of N d' 0} 4 C M V Ci OI r H N V er N 3 U m m m m m m m m U t ~ ~ n ~ 6 L r m ° c~ c a ° = ~ g c a+ o c ° a o o d ~ ~ ~ m E N L ~ n .c . a c a« c c= ~ ~ m ° aci K w` a ° ° M O a o ~ c c c a a R m S y x e ' m Ea rs c Y '~e g_ m c o a s a w m a E a o a ~ E a 4 ~ g a i g ~ Q Z y v ~ ~ 'Z4 E o o Cy g S V Q 4 t7 o S Q U N M tN"J t~"1 M C1 M M ~ Cam' V' R ryy @ Page 141 of 150 - A By-law t... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-067 A By-law to Appoint Municipal Weed Inspectors And to Repeal By-law No. 2009-032 WHEREAS the Weed Control Act, R.S.O. 1990, c. W.5, Section 8(1) provides that Council may by By-law appoint Municipal Weed Inspectors; AND WHEREAS Council of The Corporation of the Township of Oro-Medonte deems it expedient to do so; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the following persons be appointed as Municipal Weed Inspectors: Gary Skelding Chief Municipal Law Enforcement Officer Matthew Smith Municipal Law Enforcement Officer 2. That the duties and responsibilities shall be performed and carried out as provided for within the Act. 3. That By-law No. 2009-032 is hereby repealed in its entirety. 4. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 142 of 150 - A By-law t... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-068 A By-law to authorize the Sale of Surplus Land Part of Lot 5, Concession 14 (Medonte), being Part 2, Plan 51 R-32598, 1803 Warminster Sideroad (PIN # 58530-0341 (LT)) Township of Oro-Medonte, County of Simcoe WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adopted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By-law No. 2007-083 on the 18t" day of July, 2007, being a By-law to establish a policy/procedure with respect to the sale and other disposition of land; AND WHEREAS Council has previously caused notice to be given of its intention to sell the lands described in Schedule "A" attached hereto and forming part of this by-law, in accordance with the requirements set out in By-law 2007-083, as amended; AND WHEREAS Council has determined that the said lands are not required for municipal purposes, and has by resolution declared the lands designated as Part of Lot 5, Concession 14 (Medonte), being Part 2, Plan 51 R-32598, 1803 Warminster Sideroad (PIN # 58530-0341 (LT)), Township of Oro-Medonte, County of Simcoe, described in Schedule "A" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed sale of land from any party; AND WHEREAS pursuant to procedural By-law 2007-083, the Clerk of the Township of Oro-Medonte did cause a Notice of the proposed by-law to sell the land designated as Part of Lot 5, Concession 14 (Medonte), being Part 2, Plan 51 R-32598, 1803 Warminster Sideroad (PIN # 58530-0341 (LT)), Township of Oro-Medonte, County of Simcoe, to be published in newspapers of local circulation, a copy of which is attached as Schedule "B" and forms part of this by-law; AND WHEREAS the proposed by-law came before Council of The Corporation of The Township of Oro-Medonte for consideration at its meeting on the 24th day of March, 2010, and at that time Council received no notice of objection to the proposed sale of land from any party; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Authorization of Sale - Council does hereby authorize the sale of land designated as Part of Lot 5, Concession 14 (Medonte), being Part 2, Plan 51 R- 32598, 1803 Warminster Sideroad (PIN # 58530-0341 (LT)), Township of Oro- Medonte, County of Simcoe, to Patricia Willemsen. Sale Price and Consideration - In accordance with By-law 2007-083, as amended, Council hereby sets the sale price for land designated as Part of Lot 5, Concession 14 (Medonte), being Part 2, Plan 51 R-32598, 1803 Warminster Sideroad (PIN # 58530-0341 (LT)), Township of Oro-Medonte, County of Simcoe, as follows: Description of Land Land Sale Price PIN 58530-0341 (LT) $ 105,000.00 Part of Lot 5, Concession 14 (Medonte), being Part 2, Plan 51 R-32598 1803 Warminster Sideroad Page 143 of 150 - A By-law t... 3. Execution of Documents - The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 144 of 150 - A By-law t... Schedule "A" to By-law No. 2010-068 for The Corporation of the Township of Oro-Medonte Part of Lot 5, Concession 14 (Medonte), being Part 2, Plan 51 R-32598, 1803 Warminster Sideroad (PIN # 58530-0341 (LT)) Township of Oro-Medonte, County of Simcoe Page 145 of 150 - A By-law t... Schedule "B" to By-law No. 2010-068 for The Corporation of the Township of Oro-Medonte NOTICE OF PROPOSED SALE OF LAND BY-LAW TAKE NOTICE that the Township of Oro-Medonte proposes to pass a By-law to authorize the Sale of Surplus Land, in the Township of Oro-Medonte, County of Simcoe, more particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By-Law will come before the Council of the Township of Oro-Medonte at its regular meeting to be held at the Council Chambers on the 24t" day of March, 2010 at 7:00 p.m. and at that time Council will hear in person or by his/her counsel, solicitor or agent, any person who claims that his/her land will be prejudicially affected by the By-law. Any person wishing to be heard or make comment on the proposed sale shall provide the undersigned with either a written application to be heard or written comment no later than 12:00 noon on March 24, 2010. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 19TH DAY OF MARCH, 2010. J. Douglas Irwin, Clerk, Township of Oro-Medonte 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Fax: (705) 487-0133 SCHEDULE"A" Surplus Land: Part of Lot 5, Concession 14, Part 2, Plan 51 R-32598, 1803 Warminster Sideroad, (PIN #58530-0341 (LT)), (Former Township of Medonte), Township of Oro- Medonte, County of Simcoe. 4.. I . Y? f. I _ t. I I . y_ Page 146 of 150 - A By-law t... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-069 A By-law to Repeal By-law No. 2005-040 "A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Elizabeth Tanger & Cyr Child and Youth Resources Inc. described as lands as follows: 160 Line 9 South Part of Lot 21, Concession 9, designated as Part 1, Plan 51R-10632 Being all of PIN # 58549-0052 (LT); Township of Oro-Medonte, County of Simcoe Roll# 4346-010-009-07600" WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; AND WHEREAS Council of the Township of Oro-Medonte did on the 20th day of April 2005 , enact By-Law No. 2005-040, A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Elizabeth Tanger and Cyr Child and Youth Resources Inc.; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. THAT By-law No. 2005-040 be repealed in its entirety 2. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF MARCH, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 147 of 150 - A By-law t... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-070 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; WHEREAS Section 386(2) Part XI Sale of Land for Tax Arrears of the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that the Treasurer may, in writing, delegate any power or duty granted to or vested in the Treasurer under this Part to any officer or employee of the municipality; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Shannon Stewart be appointed Deputy Treasurer of The Corporation of the Township of Oro-Medonte; 2. That such duties and responsibilities associated with this appointment be carried out as provided for within the respective job description; 3. That the Deputy Treasurer hereby assumes all duties and powers granted to or vested in the Treasurer pursuant to Part XI Sale of Land for Tax Arrears of the Municipal Act, 2001 S.O. 2001, c.25, as amended, as delegated in writing by the Treasurer, as evident by Schedule "A" attached hereto; 4. This appointment shall be effective the 6th day of April, 2010. BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 148 of 150 - A By-law t... Schedule "A" to By-Law No. 2010-070,- ;owns kl~ hap of 0 T u, Proud Heritage, Exciting Future April 6, 2010 I, Paul Gravelle, Treasurer of the Township of Oro-Medonte, in accordance with S.386(2) of the Municipal Act, 2001 S.O. 2001, c. 25, hereby delegate any power or duty granted to or vested in the treasurer under Part XI of the said Act to Shannon Stewart, Deputy Treasurer. rj_ _~L~ Paul Gravelle Director of Finance/Treasurer 148 Line 7 South, Box 100 P: (705) 487-2171 www oro-medonte.ca Oro, Ontario LOL 2X0 F: (705) 487-0133 Page 149 of 150 - Being a By-Law to Confirm the Proceedings of the Council Mee... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-060 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, MARCH 24, 2010 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, March 24, 2010, 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 24th DAY OF MARCH, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF MARCH, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 150 of 150