11 02 2011 Council AgendaTHE TOWNSHIP OF OROMEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
Wednesday, November 2, 2011
9:00 a.m. Closed Session
10:00 a.m. Open Session
Page
1.CALL TO ORDER - PRIVATE PRAYER/MOMENT OF REFLECTION:
2.ADOPTION OF AGENDA:
a)Motion to Adopt the Agenda.
3.DISCLOSURE OF PECUNIARY INTEREST:
4.CLOSED SESSION ITEMS:
a)Motion to go In Closed Session.
b)Motion to Rise and Report.
Robin Dunn, CAO, re: Personal matters about an identifiable indi
Emergency Services
d)
e)Andria Leigh, Director of Development Services, re: Litigation a
municipality (OMB Appeal 2011A17).
g)
Concession 8).
Andria Leigh, Director of Development Services, re: Litigation a
21, Concession 8).
5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF
INTEREST:
6.MINUTES OF COUNCIL AND COMMITTEES:
5-15
a)
7.RECOGNITION OF ACHIEVEMENTS:
Page 1 of 165
Page
7.RECOGNITION OF ACHIEVEMENTS:
16
a)Correspondence dated October 21, 2011 from Bob and Barb Campbell
8.PUBLIC MEETINGS:
9.DEPUTATIONS:
17
a)
Trail Signage Update and Request.
10.REPORTS OF MUNICIPAL OFFICERS:
a)
18-23
b)Report No. CS2011030, Doug Irwin, Director of Corporate Services/Clerk, re:
Severn Sound Environmental Association Board of Directors; Lake Simcoe
Regional Airport Board of Directors and The Townships Public
Representative Appointment to the Lake Simcoe Regional Airport B
Directors.
24-31
Report No. DS2011044, Andria Leigh, Director of Development Services, re:
Proposed Zoning Bylaw Amendment Application 2011ZBA
(Bay Street), Part of Lot 2, Range 2, being Parts 3, 4, and 7 of
37583, and Part 2 of Plan 51R
32-35
d)Report No. DS2011045, Andria Leigh, Director of Development Services,
re: 2063334 Ontario Inc. (Meadow Acres) PreServicing Agreement, Part Of
36-42
e)Report No. DS2011046, Andria Leigh, Director of Development Services, re:
Site Plan Application 2010SPA
43-46
Report No. DS2011048, Andria Leigh, Director of Development Services, re:
Horseshoe Valley Lands Limited Subdivision Agreement for Landscapes
Phase 2A, Part of Lot 3, Concession 4, Being Part of PIN # 740550123 (LT)
11.REPORTS OF MEMBERS OF COUNCIL:
47
a)
Practitioner/Community Signage
Page 2 of 165
Page
11.REPORTS OF MEMBERS OF COUNCIL:
12.CONSENT AGENDA:
48
a)
l
49-58
b)
September 23, 2011 and September 30, 2011.
59-73
January 20, 2011, April 21, 2011, July 21, 2011, and September 2
74-76
d)
Hypertension Association of Canada, re: Request to Proclaim Nove
Staff Recommendation: Receive, Proclaim and Post on Website.
77
e)Correspondence dated October 21, 2011 from Tim Crooks, Jim Swan
37583 and Part 2, Plan 51R
37762.
13.COMMUNICATIONS:
78-84
a)Correspondence dated October 14, 2011 from Sandra Trainor, Execu
85
b)Correspondence dated October 25, 2011 from Peter I. McEwen, re:
86
Correspondence received October 31, 2011 from John Hammill, Ontas
Lake Country Chair, re: Top 5 Tourist Locations for Promotional
87-94
d)Correspondence dated November 1, 2011 from Kimberly Beckman, Dav
14.NOTICE OF MOTIONS:
15.BY-LAWS:
95-103
a)Law No. 2011162Being A By
PreServicing Agreement 2063334 Ontario Inc.
Page 3 of 165
Page
15.BY-LAWS:
Draft Plan Of Subdivision Of Pcl 52 Sec 51Med;
Pt E ½ Lt 5 Con 13, Medonte Prts 1, 2,3,4,5, & 6,
51r29091; S/T Ro680284; Pin 585300044 Lt,
be distributed at the meeting].
104-105
b)Law No. 2011164A By
described as follows: Parts 3, 4, and 7 of Plan 51R
37583, and Part 2 of Plan 51R37762, Oro
106-159
Law No. 2011169Being a By
Subdivision Agreement between the Corporation of
Medonte and Horseshoe
Valley Lands Limited.
160-163
d)Law No. 2011170A By
164
e)Law No. 2011171A By
County of Simcoe (Draft Plan of Subdivision
Redline Revision P100
Lands Ltd. (Ridgewood)]) Part of Lot 3, Concession
Part 1, Plan 51R32020 as set out in LT522875
Landscape Drive; S/T Easement over Part 2, Plan
51R31902 as set out in SC108651 over Part Lot
9, Part Blocks 21 and 22 and Part of Landscape
Drive Being Part of PIN # 740550123 (LT).
16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17.CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18.CONFIRMATION BY-LAW:
165
a)Law No. 2011165Being a ByLaw to Confirm the Proceedings of the
2011.
19.ADJOURNMENT:
a)
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6a)
THE TWNSHIPOF ORO-EDONTE
OOMM
REGULAR COUNCIIL MEETINNG MINUTEES
CouncilChamberss
Wedneday, Octber 26, 2011TIE: 7:02 pm.
ssooMM..
2010 - 22014 COUNNCIL
Presentt
: Mayor H.S. ughes
HH
Dputy Mayr Ralph Hugh
eeoooo
Cuncillor Mel Coutanche
oo
Coouncillor Keelly Meyer
Coouncillor Marty Lancasster, arrivedd at 7:30 p..m.
Coouncillor Joohn Crawford
Coouncillor Dwwight Evans
Staff Prresent
: Dug Irwin, irector of orporateervices/Clerk; Janete Teeter,
ooDDCCSSltt
Dputy Cler; Jerry Bal, Director f Transpotation and Environmntal
eekklloorree
Srvices;ndria Leigh, Director o Developent Servics; Donna
eeAffmmee
Heewitt, Direcctor of Corpporate & Strrategic Initiaatives; Glennn White,
Manager of PPlanning;SSteven Farqquharson, Inntermediatee Planner
Also Present
: Brrandi Clemeent & Jon Ingram (Thee Jones Coonsulting Grroup), Murrray
Rss, Shirle Woodro, Ann Truyns, Bill Stnkus, An Budge, Sndy
ooyywweeoonnaa
new, Waler Iles, Al oulding,ernie Blai, Connor raleigh, Dvid
AggttGGBBssFFaa
&Stella Clak, Sue & Gord Roehner, H. Leae, Brock allace
rekkWW
1.CALL TO ORDER - PRIVAATE PRAYYER/MOMEENT OF REEFLECTIONN:
Mayor.S. Hughe assumed the Chair nd called he meetin to order fllowed by a
HHssaattggoo
privaterayer/moent of reflction.
ppmmee
111
Pageoof
Page 5 of 165
6a)
Council Meeting Minutes October 26, 2011.
2.ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
Motion No. C111026-1
Moved by Crawford, Seconded by Evans
Be it resolved that the agenda for the Council meeting of Wednesday, October 26, 2011
be received and adopted as amended to defer:
10c) Report No. DS2011-045, Andria Leigh, Director of Development Services, re:
2063334 Ontario Inc. (Meadow Acres) Pre-Servicing Agreement, Part Of Lot 5
Concession 13 (Medonte).
15b) By-Law No. 2011-162: Being A By-Law To Authorize The Execution Of A Pre-
Servicing Agreement 2063334 Ontario Inc. Draft Plan Of Subdivision Of Pcl 5-2
Sec 51-Med; Pt E ½ Lt 5 Con 13, Medonte Prts 1, 2,3,4,5, & 6, 51r29091; S/T
Ro680284; Pin 58530-0044 Lt, Township Of Oro-Medonte, County Of Simcoe.
to a future meeting.
And to re-title Item 10a) to: Memorandum correspondence dated October 26, 2011 from
Jerry Ball, Director of Transportation and Environmental Services, re: Line 6 North Hill.
Carried.
3.DISCLOSURE OF PECUNIARY INTEREST:
None declared.
4.CLOSED SESSION ITEMS:
None.
5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST:
211
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Page 6 of 165
6a)
Council Meeting Minutes October 26, 2011.
6.MINUTES OF COUNCIL AND COMMITTEES:
a) Minutes of Council meeting held on Wednesday, October 12, 2011.
Motion No. C111026-2
Moved by Coutanche, Seconded by Meyer
Be it resolved that the draft minutes of the Council meeting held on Wednesday,
October 12, 2011, be adopted as printed and circulated.
Carried.
b) Minutes of the Committee of Adjustment meeting held on October 20, 2011.
Motion No. C111026-3
Moved by Crawford, Seconded by Evans
Be it resolved that the draft minutes of the Committee of Adjustment meeting held on
Thursday, October 20, 2011 be received.
Carried.
7.RECOGNITION OF ACHIEVEMENTS:
None.
311
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Page 7 of 165
6a)
Council Meeting Minutes October 26, 2011.
8.PUBLIC MEETINGS:
a) Proposed Amendment to the Official Plan, Application 2011-OPA-03, and Proposed
Amendment to the Zoning By-law, Application 2011-ZBA-15, 3017 Highway 11, being
Part of Lot 21, Concession 8 (formerly Oro Township), Township of Oro-Medonte (400
Bowling Limited/Allan Goulding in Trust).
Deputy Mayor Hough called the meeting to order at 7:07 p.m. and explained the public
meeting has been called under the authority of the Planning Act, Section 17 and 34 and,
R.S.O. 1990 c.P.13, to obtain public comment with respect to proposed Amendments to
the Official Plan and Zoning By-law, Part of Lot 21, Concession 8, (formerly within
Township of Oro), Township of Oro-Medonte.
Notice of the Public Meeting was mailed to landowners within 120m (400 feet) of the
specified site on October 6, 2011 and a sign posted on the subject property on the
same day.
The following correspondence was received at the meeting: Lake Simcoe Region
Conservation Authority dated October 13, 2011; County of Simcoe dated October 18,
2011; Ministry of Transportation dated October 21, 2011.
Steven Farquharson, Intermediate Planner, explained the purpose and effect of the
proposed Amendment. A PowerPoint presentation was presented.
Brandi Clement, The Jones Consulting Group Ltd., on behalf of the applicant, provided
an overview the proposed Amendment. A PowerPoint presentation was
presented. Jon Ingram, The Jones Consulting Group Ltd., on behalf of the applicant,
provided comments.
The following public persons offered verbal comments with respect to the Proposed
Amendment: David Clark.
Deputy Mayor Hough advised that written submissions will be received at the Township
office until November 10, 2011 that no additional deputations to Council will be
permitted with respect to the proposed amendment.
A digital recording of the meeting is available for review at the Township Administration
Centre, 148 Line 7 South.
There being no further comments or questions, the meeting adjourned at 7:36 p.m.
411
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Page 8 of 165
6a)
Council Meeting Minutes October 26, 2011.
9.DEPUTATIONS:
a) Bernie Blais, CEO and Robert Morton, Board Chair, North Simcoe Muskoka Local Health
Integration Network, re: Mandate of the NSM LHIN and Status of the Care Connections
Project (Health System Design).
Packages were distributed to members of Council and staff.
Council consented to allow a member of the audience, Walter Iles, to ask a question of
the Deputation.
Motion No. C111026-4
Moved by Meyer, Seconded by Coutanche
Be it resolved that the information presented by Bernie Blais, CEO and Robert Morton,
Board Chair, North Simcoe Muskoka Local Health Integration Network, re: Mandate of
the NSM LHIN and Status of the Care Connections Project (Health System Design) be
received.
Carried.
10.REPORTS OF MUNICIPAL OFFICERS:
a) Memorandum Correspondence dated October 26, 2011 from Jerry Ball, Director of
Transportation and Environmental Services, re: Line 6 North Hill.
Motion No. C111026-5
Moved by Crawford, Seconded by Evans
Be it resolved
1. That the Memorandum Correspondence dated October 26, 2011 from Jerry Ball,
Director of Transportation and Environmental Services, re: Line 6 North Hill be
received.
2. And That the Director of Transportation and Environmental Services report back to
Council with respect to a permanent solution for hill maintenanc
Carried.
511
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Page 9 of 165
6a)
Council Meeting Minutes October 26, 2011.
b) Report No. DS2011-043, Andria Leigh, Director of Development Services, re: Proposed
Street Name for Horseshoe Valley Lands Ltd. (Ridgewood) Part of Lots 3 & 4,
Concession 4, (Oro).
Motion No. C111026-6
Moved by Meyer, Seconded by Coutanche
Be it resolved
1. That Report No. DS2011-043, Andria Leigh, Director of Development Services, re:
Proposed Street Name for Horseshoe Valley Lands Ltd. (Ridgewood) Part of Lots 3
& 4, Concession 4, (Oro) be received and adopted.
2. That the street name "Ridgewood Court" be assigned to the Horseshoe Valley
Lands Ltd. (Ridgewood), Concession 4, Part of Lots 3 and 4, (Oro), Township of
Oro-Medonte.
3. That the Clerk bring forward the appropriate by-law for Council's consideration.
4. And That the applicant be advised of Council's decision under the Director of
Development Services' signature.
Carried.
c) Report No. DS2011-045, Andria Leigh, Director of Development Services, re: 2063334
Ontario Inc. (Meadow Acres) Pre-Servicing Agreement, Part Of Lot 5 Concession 13
(Medonte) [refer to Item 15 b)].
The item was deferred.
11.REPORTS OF MEMBERS OF COUNCIL:
a) Mayor H.S. Hughes, re: Doctor Recruitment Allocations [from the July 13, 2011 meeting].
Motion No. C111026-7
Moved by Evans, Seconded by Crawford
Be it resolved
1. That the information presented by Mayor H.S. Hughes, re: Doctor Recruitment
Allocations be received.
2. That further to Motion No. C110713-32, Council of the Township of Oro-Medonte
hereby approves an additional $5,000.00 funding allotment to the RVH Barrie Area
Physician Recruitment.
3. And That the applicant be advised of Council's decision under the Mayor's signature.
Carried.
611
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Page 10 of 165
6a)
Council Meeting Minutes October 26, 2011.
b) Councillor Crawford, re: Lake Simcoe Regional Airport Strategic Development Plan
[additional documentation available in the Clerk's Office].
Motion No. C111026-8
Moved by Evans, Seconded by Crawford
Be it resolved
1. That the information dated May 2011 and PowerPoint presentation presented by
Councillor Crawford, re: Lake Simcoe Regional Airport Strategic Development Plan
be received.
2. That Council of the Township of Oro-Medonte adopt the Lake Simcoe Regional
Airport Strategic Development Plan dated May 2011.
3. And That the Lake Simcoe Regional Airport be advised of Council's decision under
the Director of Corporate Services/Clerk's signature.
Carried.
12.CONSENT AGENDA:
a) Announcements of Interest to the Public
Jarratt Christmas Craft Show, Jarratt Hall - 10:00 a.m. - 4:00 p.m., November 5 & 6,
2011
b) Minutes of the Barrie Public Library meeting held on June 23, 2011.
Staff Recommendation: Receive.
c) Correspondence dated September 23, 2011 from Keith Sherman, Executive Director,
Severn Sound Environmental Association, re: 2012 SSEA Funding Request; SSEA/Oro-
Medonte Activities; 2012 Proposal Water Quality Survey of Bass Lake.
Staff Recommendation: Receive and Refer to 2012 Budget Deliberat
d) Correspondence dated October 5, 2011 from Tony Katarynych, Chair, Orillia & Area
Physician Recruitment & Retention Committee, re: 2011 Year-End Forecast and
Proposed Budget for 2012, 2013 and 2014.
Staff Recommendation: Receive and refer to 2012 Budget Deliberat
e) Correspondence dated October 17, 2011 from Joanna McEwen and Paul Marshall, re:
Thank You to Council and Staff, Rail Trail Signage Project.
Staff Recommendation: Receive.
711
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Page 11 of 165
6a)
Council Meeting Minutes October 26, 2011.
Motion No. C111026-9
Moved by Coutanche, Seconded by Meyer
Be it resolved that the staff recommendations with respect to the items listed under
"Consent Agenda Correspondence" be adopted as printed:
a) Announcements of Interest to the Public
Jarratt Christmas Craft Show, Jarratt Hall - 10:00 a.m. - 4:00 p.m., November 5 & 6,
2011.
b) Minutes of the Barrie Public Library meeting held on June 23, 2011.
Received.
c) Correspondence dated September 23, 2011 from Keith Sherman, Executive
Director, Severn Sound Environmental Association, re: 2012 SSEA Funding
Request; SSEA/Oro-Medonte Activities; 2012 Proposal Water Qualit
Bass Lake.
Received and Referred to 2012 Budget Deliberations.
d) Correspondence dated October 5, 2011 from Tony Katarynych, Chair, Orillia & Area
Physician Recruitment & Retention Committee, re: 2011 Year-End Forecast and
Proposed Budget for 2012, 2013 and 2014.
Received and referred to 2012 Budget Deliberations.
e) Correspondence dated October 17, 2011 from Joanna McEwen and Paul Marshall,
re: Thank You to Council and Staff, Rail Trail Signage Project.
Received.
Carried.
811
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Page 12 of 165
6a)
Council Meeting Minutes October 26, 2011.
13.COMMUNICATIONS:
a) Correspondence dated October 18, 2011 from Keith Sherman, Executive Director,
Severn Sound Environmental Association, re: Tree Seedling Distribution Project -
Request to Consider Municipal Participation in 2012.
Motion No. C111026-10
Moved by Crawford, Seconded by Evans
Be it resolved
1. That the correspondence dated October 18, 2011 from Keith Sherman, Executive
Director, Severn Sound Environmental Association (SSEA), re: Tree Seedling
Distribution Project - Request to Consider Municipal Participation in 2012 be
received.
2. That the Township of Oro-Medonte will support the distribution of materials and
provide a facility.
3. That the Council Members of the Township of Oro-Medonte will provide assistance
with the pick-up, sorting and distribution of tree seedlings in Oro-Medonte.
4. And That the SSEA be advised of Council's decision under the CAO's signature.
Carried.
14.NOTICE OF MOTIONS:
None.
15.BY-LAWS:
a) By-Law No. 2011-163 A By-law to Amend By-law No. 2009-022, Being a By-law to
provide for the restricting and regulating of parking, standing
and stopping on highways or parts of highways under the
jurisdiction of The Corporation of the Township of Oro-
Medonte.
Motion No. C111026-11
Moved by Meyer, Seconded by Coutanche
Be it resolved that By-law No. 2011-163: A By-law to Amend By-law No. 2009-022,
Being a By-law to provide for the restricting and regulating of parking, standing and
stopping on highways or parts of highways under the jurisdiction of The Corporation of
the Township of Oro-Medonte be read a first, second and third time, passed, be
engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
911
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Page 13 of 165
6a)
Council Meeting Minutes October 26, 2011.
b) By-Law No. 2011-162 Being A By-Law To Authorize The Execution Of A Pre-
Servicing Agreement 2063334 Ontario Inc. Draft Plan Of
Subdivision Of Pcl 5-2 Sec 51-Med; Pt E ½ Lt 5 Con 13,
Medonte Prts 1, 2,3,4,5, & 6, 51r29091; S/T Ro680284; Pin
58530-0044 Lt, Township Of Oro-Medonte, County Of Simcoe.
The item was deferred.
16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
17.CLOSED SESSION ITEMS (UNFINISHED ITEMS):
18.CONFIRMATION BY-LAW:
a) By-Law No. 2011-161 Being a By-Law to Confirm the Proceedings of the Council
Meeting Held on Wednesday, October 26, 2011.
Motion No. C111026-12
Moved by Evans, Seconded by Crawford
Be it resolved that By-Law No. 2011-161, being a by-law to confirm the proceedings of
the Council meeting held on Wednesday, October 26, 2011 be read a first, second and
third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor.
Carried.
1011
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Page 14 of 165
6a)
Council Meeting Minutes October 26, 2011.
19.ADJOURNMENT:
a) Motion to Adjourn.
Motion No. C111026-13
Moved by Coutanche, Seconded by Meyer
Be it resolved that we do now adjourn at 9:17 p.m.
Carried.
____________________________ ____________________________
Mayor, H.S. Hughes Clerk, J. Douglas Irwin
1111
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Page 15 of 165
7a) Correspondence dated October 21, 2011 from Bob and Bar...
Subject:RE: signs and bylaws / input from a long-time Horseshoe resident Oct 21-11
From: barb and bob campbell []
Sent: October 21, 2011 10:50 AM
To: Coutanche, Mel
Subject: signs and bylaws
Mel,
I and our neighbours constantly pick up ad signs stuck in the ground on metal wires which are a blight on the
neighbourhood. Yesterday, we noticed an ORO truck picking up some of those annoying signs.
I just want to give credit to the Oro-Medonte staff responsible. Please pass on all of our thanks to the appropriate staff
and for the support of the Mayor and Council. It may be just a small item among the major issues you deal with, but
little things do count!!
Many thanks, on behalf of our neighbourhood.
Bob/Barb Campbell
2 Highland Dr
Horseshoe
1
Page 16 of 165
9a)
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10b) Report No. CS2011
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10b) Report No. CS2011
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10b) Report No. CS2011
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10b) Report No. CS2011
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10b) Report No. CS2011
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10b) Report No. CS2011
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10c) Report No. DS2011044, Andria Leigh, Director of Deve...
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10c) Report No. DS2011044, Andria Leigh, Director of Deve...
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10c) Report No. DS2011044, Andria Leigh, Director of Deve...
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10c) Report No. DS2011044, Andria Leigh, Director of Deve...
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10c) Report No. DS2011044, Andria Leigh, Director of Deve...
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10c) Report No. DS2011044, Andria Leigh, Director of Deve...
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10c) Report No. DS2011044, Andria Leigh, Director of Deve...
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10c) Report No. DS2011044, Andria Leigh, Director of Deve...
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10d) Report No. DS2011045, Andria Leigh, Director of Deve...
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10d) Report No. DS2011045, Andria Leigh, Director of Deve...
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10d) Report No. DS2011045, Andria Leigh, Director of Deve...
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10d) Report No. DS2011045, Andria Leigh, Director of Deve...
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10e) Report No. DS2011046, Andria Leigh, Director of Deve...
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10e) Report No. DS2011046, Andria Leigh, Director of Deve...
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10e) Report No. DS2011046, Andria Leigh, Director of Deve...
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10e) Report No. DS2011046, Andria Leigh, Director of Deve...
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10e) Report No. DS2011046, Andria Leigh, Director of Deve...
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10e) Report No. DS2011046, Andria Leigh, Director of Deve...
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10e) Report No. DS2011046, Andria Leigh, Director of Deve...
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10f) Report No. DS2011048, Andria Leigh, Director of Deve...
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10f) Report No. DS2011048, Andria Leigh, Director of Deve...
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10f) Report No. DS2011048, Andria Leigh, Director of Deve...
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10f) Report No. DS2011048, Andria Leigh, Director of Deve...
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11a)
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12a)
Remembrance Da...
l
12.0CONSENT AGENDA
a)Announcements
EventLocationDateTime
Warminster Legion (Parade & Sunday,Parade: 1:30
November6 th p.m.
1 st Service)
Remembrance Day Services1 st Service: 2:00
p.m.
2 nd Service:
Old Town Hall, 833 Line 7
3:00 p.m.
North(2 nd Service)
Page 48 of 165
12b)
Chair: Walter Benotto Town of Shelburne
Vice Chair: Joan Sutherland Town of New Tecumseth
Past Chair: Fred Nix Town of Mono
Gail Ardiel Town of the Blue Mountains
Mary Brett Township of Adjala-Tosorontio
Mike Edwards Town of Collingwood
Earl Hawkins Township of Mulmur
Ralph Hough Township of Oro-Medonte
Brian Jackson City of Barrie
Rob Keffer Township of Bradford West Gwillimbury
Bob Marrs Town of New Tecumseth
Paul McQueen Municipality of Grey Highlands
Brent Preston Township of Clearview
Perry Ritchie Township of Springwater
Alicia Savage Township of Clearview
Michael Smith Township of Essa
Percy Way Township of Amaranth
Rick Webster Township of Springwater
Darren White Township of Melancthon
Keith White Township of Essa
Nina Bifolchi Town of Wasaga Beach
Daniel Davidson Town of Innisfil
Kevin Lloyd Town of Collingwood
George Watson Town of Wasaga Beach
Wayne Wilson, CAO/Secretary-Treasurer
Susan Richards, Manager of Administration and HR
Caleigh Clubine, Communications/PR Coordinator
Chris Hibberd, Director of Planning
Barb Perreault, Senior Environmental Officer
Glenn Switzer, Director of Engineering and Technical Services
Laurie Barron, Executive Assistant
Page 49 of 165
12b)
BOARD OF DIRECTORS MINUTES No: 11/11 23 September, 20
Chair Benotto called the meeting to order at 9:00 a.m.
MOVED BY: Bob Marrs SECONDED BY: Rob Keffer
the agenda for the Board of Directors Meeting No. 11/11
dated 23 September, 2011 be adopted.
MOVED BY: Bob Marrs SECONDED BY: Rob Keffer
the Minutes of the Board of Directors Meeting 10/11 dated 26
August, 2011 be approved.
MOVED BY: Bob Marrs SECONDED BY: Rob Keffer
the Minutes of the Board Hearing in the matter of an
application by Taurus Cookstown Partners Ltd., be approved.
An update on the meeting with Ministry of Transportation (MTO) r
Taurus Cookstown Partners application for an addition to the Coo
Mall was provided by Wayne Wilson, CAO/Secretary-Treasurer
The Board was advised that a meeting had taken place with the NVCA staff, MTO
staff, Town of Innisfil staff and the County of Simcoe staff.
The MTO staff indicated that at this time they do not plan to upgrade the culverts
to minimize flooding. The MTO staff also noted that there are plans for the
widening of the 400 highway in the future. All present at the m
that this would be the most logical time to upgrade the culverts
time there is no guarantee from MTO that the culvert sizes would be upgraded
during the highway 400 widening.
Page 50 of 165
12b)
BOARD OF DIRECTORS MINUTES No: 11/11 23 September, 20
The importance of the municipality, conservation authority and other stakeholders
to work collaboratively with MTO to identify the importance of u
Innisfil Creek culverts was also discussed.
The Board Hearing will reconvene on September 30/11.
MOVED BY: Bob Marrs SECONDED BY: Rob Keffer
a local Conservation Authorities Act Section 28 ÒDevelopment,
Interference with Wetlands and Alterations to Shorelines and Wat
RegulationÓ has been prepared in conformity with the provisions
Section 28 of the Conservation Authorities Act and the amended Ontario
Regulation 97/04, and as per the eligible amendments identified
Natural Resources; therefore,
thatthe Nottawasaga Valley Conservation Authority adopts
the proposed amendments to the subject regulation; and,
the said regulation proposal with eligible amendments be submitt
Ministry of Natural Resources for review, posting on the Regulatory Registry, and
depending on the results of the registry posting, for subsequent consideration for
approval by the Minister of Natural Resources.
MOVED BY: Rob Keffer SECONDED BY: Bob Marrs
The Permits/Approvals issued by staff for the period, August
16, 2011 to September 14, 2011 be approved.
MOVED BY: Mike Edwards SECONDED BY: Alicia Savage
The Communications reports for the month of August, 2011
be received.
Page 51 of 165
12b)
BOARD OF DIRECTORS MINUTES No: 11/11 23 September, 20
MOVED BY: Mike Edwards SECONDED BY: Gail Ardiel
The Chair be authorized to approve the Accounts Receivable
as at 31 August, 2011 in the amount of $1,147,528.30 including Planning items of
$366,875.50
MOVED BY: Earl Hawkins SECONDED BY: Rick Webster
The Chair be authorized to approve disbursements as at
August 31, 2011 in the sum of $295,494.25 including wages (net o
withholdings) of $111,838.29.
MOVED BY: Perry Ritchie SECONDED BY: Earl Hawkins
The Combined Statement of Operations Program
Summary as at 31 August, 2011 be approved.
MOVED BY: Rick Webster SECONDED BY: Earl Hawkins
that the Board of Directors receive the Oro-Medonte-
Severn Sound Environmental AssociationÎNVCA Draft Memorandum of
Understanding to provide environmental program/services within t
Sound Watershed; and,
staff seek input from Board members, the public, NVCA Solicitor
Medonte and Severn Sound Environmental Association (SSEA) staff
final version of this agreement for Board member consideration.
The Board of Directors recessed at 9:45 a.m.
The Board of Director reconvened at 10:00 a.m.
Page 52 of 165
12b)
BOARD OF DIRECTORS MINUTES No: 11/11 23 September, 20
In the matter of The Conservation Authorities Act,R.S.O. 1990, Chapter 27
and in the matter of an application by Ozwaldo Remirez for permi
Nottawasaga Valley Conservation Authority Pursuant to Regulation
28, Subsection 12 of the said Act.
An update on the status of the Highland Quarry application in the Township of
Melancthon was requested by the Board of Directors. Wayne Wilso
Secretary-Treasurer provided an update on the review of the quarry application.
Wayne confirmed Highlands have paid the first $200,000 of the ap
fee. SLR Consulting (Canada) Ltd. have been hired to provide a
review and detailed reporting of the technical documents filed f
application to the Ministry of Natural Resources by the Highland
Highland Companies have submitted a draft Letter of Credit Agre
16/11) for the review of applications to the Township of Melanct
Plan and Zoning by-law amendments to permit the quarry.
NVCA staff and solicitor will review the Letter of Credit Agree
comments back to the Highland Companies. The agreement will com
Board of final approval once the review has been completed.
The Province of Ontario will require the Highland Quarry Application to be subject
to a full environmental assessment.
MNR letter to D. Pearson, General Manager of Conservation Ontari
dated Aug 3/11 re: Urbanization and regulatory flood hazard (wi
copy of response letter from D. Pearson back to MNR dated August
24/11).
Bruce Trail Conservancy letter to Premier Dalton McGuinty dated Aug
23/11 re: comment on the proposed mega-quarry in Melancthon.
Township.
Email received Aug 26/11 from Jane Lewington, Conservation Ontar
to all CAÓs re: Water and Business Î current and future directio
MNR letter to all General Managers/CAOÓs of Conservation Authori
dated Aug 29/11 re: CA levy apportionment figures for determining
2012 municipal levy.
Page 53 of 165
12b)
BOARD OF DIRECTORS MINUTES No: 11/11 23 September, 20
Arkadi Bouchelev, Barrister and Solicitor copy of letter to Hon.
Jeffrey, Minister of Natural Resources dated Aug 19/11 re: Appe
the Mining and Lands Commissioner with respect to the decision o
NVCA Hearing Board regarding an application by Alex and Tania
Gilmor.
Ken Hill, NVCA Solicitor to Arkadi Bouchelev, Barrister and Sol
dated August 29, 2011 re: response to August 19/11 letter to
Minister of Natural Resources and copied to the NVCA with respec
intended application to the Superior Court for a judicial review
NVCA Hearing Board decision on the Gilmore application.
Ministry of the Environment letter to the Chair, Lake Simcoe Sou
Protection Authority (copied to the NVCA) dated Aug 31/11 re:
acknowledging receipt of the amended proposed assessment report.
NVCA letter to Taurus Cookstown Partner Ltd., dated August 31/11 re:
Notice of Decision Aug 26/11 NVCA Board Hearing.
NVCA letter to Simcoe County Warden C. Patterson & Council and
Town of Innisfil Mayor B. Baguley & Council dated Sept 2/11 re:
of support for the Town of Innisfil to engage the Ministry of
Transportation in a review of the highway 400 flooding at Innisfil
Creek.
NVCA letter to the Regional Director of the Ministry of Transpo
dated Sept 2/11 re: Innisfil Creek 400 highway flooding Î request for
meeting to review this flood plain matter.
Hike Ontario letter (copied to NVCA) to Hon Premier Dalton McGu
dated Sept 2/11 re: proposed mega-quarry in Melancthon Township
Township of Oro-Medonte dated Sept 7/11 re: notice of alternate
representation at NVCA Board meeting on Sept. 30/11.
Tim Hudak, Ontario PC Leader article in the Eastern Ont Agrinews
(July 2011) regarding Conservation Authorities
Letter to Tim Hudak from Don Pearson General Manager, Conservati
Ontario (July 25-11)
Response from Tim Hudak to Don Pearson, Conservation Ontario
(Sept 16/11)
MOVED BY: Percy Way SECONDED BY: Perry Ritchie
RESOLVED THAT: Correspondence not specifically dealt with be pl
NVCA Hearing Board in the matter of an application by
Taurus Cookstown Partner Ltd. Î
(Time: 9:00 a.m. - Location: John L. Jose Learning Centre, Tiffin Conservation Area, Utopia)
Page 54 of 165
12b)
BOARD OF DIRECTORS MINUTES No: 11/11 23 September, 20
MOVED BY: Perry Ritchie SECONDED BY: Percy Way
this meeting adjourn at 12:35 p.m. to meet again at the call of
Chair.
Walter Benotto, N.V.C.A. Chair Wayne R. Wilson, CAO/Secretary-Treasurer
Approved this ___________day of ______________, 2011
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12b)
Chair: Walter Benotto Town of Shelburne
Vice Chair: Joan Sutherland Town of New Tecumseth
Past Chair: Fred Nix Town of Mono
Gail Ardiel Town of the Blue Mountains
Mary Brett Township of Adjala-Tosorontio
Nina Bifolchi Town of Wasaga Beach
John Crawford Township of Oro-Medonte (attended for R.Houg
Daniel Davidson Town of Innisfil
Mike Edwards Town of Collingwood
Earl Hawkins Township of Mulmur
Brian Jackson City of Barrie (left at 10:05 a.m.)
Rob Keffer Township of Bradford West Gwillimbury
Bob Marrs Town of New Tecumseth
Brent Preston Township of Clearview
Perry Ritchie Township of Springwater
Alicia Savage Township of Clearview
George Watson Town of Wasaga Beach
Rick Webster Township of Springwater
Darren White Township of Melancthon
Keith White Township of Essa
Ralph Hough Township of Oro-Medonte
Kevin Lloyd Town of Collingwood
Paul McQueen Municipality of Grey Highlands
Michael Smith Township of Essa
Percy Way Township of Amaranth
Caleigh Clubine, Communications/PR Coordinator
Chris Hibberd, Director of Planning
Barb Perreault, Senior Environmental Officer
Glenn Switzer, Director of Engineering and Technical Services
Laurie Barron, Executive Assistant
Page 56 of 165
12b)
Page 2 of 3
Chair Benotto called the meeting to order at 9:00 a.m.
MOVED BY: Fred Nix SECONDED BY: Bob Marrs
the agenda for the Board of Directors Meeting No. 12/11
dated 30 September, 2011 be adopted.
None declared
MOVED BY: Bob Marrs SECONDED BY: Fred Nix
the Minutes of the Board of Directors Meeting 11/11 dated 23
September, 2011 be approved.
MOVED BY: Daniel Davidson SECONDED BY: Rob Keffer
the Minutes of the Board Hearing in the matter of an
application by Ozwaldo Ramirez held on 23 September, 2011 be app
None noted.
Notice of Decision dated September 26/11 re: NVCA Hearing held
on September 23/11 in the matter of Dr. Ozwaldo RamirezÓs
application to construct a single family dwelling, part of lot
concession 6, township of Adjala-Tosorontio, municipally known
4096 Concession Road 7, Adjala-Tosorontio.
MOVED BY: Mike Edwards SECONDED BY: Bob Marrs
Correspondence not specifically dealt with be placed on file.
Page 57 of 165
12b)
Page 3 of 3
NVCA ENGINEERING DEVELOPMENT REVIEW GUIDELINES
Glenn Switzer, Director of Engineering and Technical Services
Continuation of Board Hearing Held on August 26, 2011
In the Matter of an Application by Taurus Cookstown Partners Limited for permission of
The Nottawasaga Valley Conservation Authority Pursuant to Regula
Section 28, Subsection 12 of the Conservation Authorities Act
NVCA DEVELOPMENT REVIEW FEE SCHEDULE AND PLANNING AND
REGULATION GUIDELINES
Chris Hibberd, Director of Planning
NVCA Î HEALTHY WATERS PROGRAM BOARD OF DIRECTORS UPDATE
Fred Dobbs, Manager Stewardship Services
BOARD OF DIRECTOR ORIENTATION OCTOBER 21/11
Location, The Utopia Hall, 8396 6th Line Utopia, Ontario L0M 1T
MOVED BY: N. Bifolchi SECONDED BY: Alicia Savage
this meeting adjourn at 11:52 p.m. to meet again at the call of
Chair.
Walter Benotto, N.V.C.A. Chair Glenn Switzer, Director of Engi
Acting CAO/Secretary-Treasurer
st
Approved this 21 day of October,2011
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SEVERN SOUND ENVIRONMENTAL ASSOCIATION
JOINT MUNICIPAL SERVICES BOARD
2011 FIRST QUARTERLY MEETING 2010
April 21, 2011
Town of Midland Council Chambers
Dominion Avenue
Midland, ON
Minutes
Present Councillor Bob Jeffery SSEA Chair/Town of Midland
Councillor Dave Ritchie Township of Tay
Deputy Mayor Ralph Hough Township of Oro-Medonte
Councillor Kelly Meyer Township of Oro-Medonte
Councillor Paul Wiancko Township of Georgian Bay
Councillor Perry Ritchie Township of Springwater
Mayor Ray Millar Township of Tiny
Deputy Mayor Pat Marion Town of Penetanguishene
Councillor Andrew Hill City of Orillia Councillor
Ron Stevens Township of Severn
Keith Sherman SSEA ED
Gail Marchildon SSEA OM
1. WELCOME
Bob Jeffery welcomed the SSEA board. 9:05 AM
2.DECLARATION OF PECUNIARY INTEREST
None.
3. ADOPTION OF THE AGENDA
MOTION:
To adopt the agenda of the 1st Quarterly SSEA Meeting with
amendments.
Moved by Ray Millar; seconded by Pat Marion; Carried.
5.1 REVIEW OF PAST MINUTES
MOTION:
To approve the minutes of the January 21, 2011 meeting of the
SSEA. Moved by Ralph Hough, seconded by Dave Ritchie; Carried.
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5.2 REVIEW OF PAST MINUTES
Motion:
To approve previous nomination of Ron Stevens as Vice Chair to
the SSEA Board. Ron pleased to accept nomination.
Moved by; ;
Ralph Hough seconded by Pat Marion.
Carried.
6. Sustainability Plan Update
Keith Sherman gave a brief report on the SSEA Sustainability Plan.
Requests to municipalities for funding are almost complete with eight of
the nine partner municipalities in budget. Springwater Township is
reconsidering. Concerns were voiced regarding funding commitments and
the ability to proceed with the governance plan if not all Municipalities buy
into the Sustainability Plan Implementation. Chair Jeffery commented that
with the changes of Councils following the election, new Council members
may not have the background on past commitments from the
municipalities to the sustainability process in Severn Sound.
Keith Sherman announced that Diego Bolanos is the successful candidate
for the co-op intern position for the Sustainability Project, Diego will begin
his position in May. The costs are completely covered by Western
University and NSCFDC.
7. SSEA Watershed Issues:
Keith presented the Severn Sound Watershed map to demonstrate to the
Board how SSEA surveys pertain to each municipality. SSEA has also
done work outside the watershed area when requested, (e.g. surve
Lake Couchiching with funding partnerships from Township of Rama
Severn, City of Orillia and Chippiwas of Rama; McLean Lake Survey with
funding from Township of Severn) SSEA completed field work for
lake surveys of Orr Lake and Little Lake (Midland) in 2010. Field work on
Farlain Lake Survey is funded by Tiny Township for 2011.
Municipalities will face watershed and sub-watershed challenges with
implementing Source Water Protection considering that some municipal
water supplies draw water from neighbouring municipalities.
The SSEA is a Source Protection Authority for our area. SSEA will have
certain responsibilities under the Clean Water Act but each municipality
will have to decide how they will implement the Source Protection Plan
within their own boundaries. Cooperation between the municipalities will
be required in order to fully protect water supplies. Consideration of inter-
municipal agreements or arrangements through SSEA to deal with
implementing the Source Protection Plan will be necessary. This may
include consideration of a Risk Management Official under the Clean
Water Act. This person will have to be trained by the MOE on how to
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assess Risk Management Plans submitted by landowners. Options
include: adding responsibilities to existing Building Officials, additional
municipal staff, sharing staff between municipalities or contracting
Action:
additional staff in SSEA. Keith will get the information to the
board on the Clean Water Act and their responsibilities.
In areas not addressed by the Source Protection Plan additional strategies
to protect groundwater resources may be required. SSEA is already
participating in elements of groundwater management (PGMN, Well
Aware) that will complement the Source Protection Plan. A Conservation
Authority to the south of us is proposing a Ground Water Management
Plan that is separate from Source Water Protection. This plan, if
implemented in our watershed, would be a needless duplication of effort.
Chair Jeffery expressed concern over involvement of CAs in the S
Sound watershed and suggested further action be taken to explore
concerns. In future, there may be pressure on the municipalities in the
Severn Sound area to commit to a Conservation Authority. This pressure
will undermine the effectiveness of SSEA in supporting the Municipal
partners.
Ralph Hough asked for input from others as to their process and funding
considerations with Septic re-inspections. Dave Ritchie indicated that Tay
Township retained C.C. Tathum and Associates to conduct the septic re-
inspections in a similar manner to Tiny Township. Ray told the Board if
anyone has any more questions regarding septic re-inspections to
him.
8. First Quarterly report for 2011
Keith Sherman presented the First Quarterly report for 2011, noting that
the final balance for the 2010 year is a slight deficit of $1,195.00.
MOTION:
To approve the First Quarter Financial Report.
Moved by Ray Millar; seconded by Perry Ritchie. Carried.
Keith also presented the First Quarter Cheque Register and Revenue
Forecast for 2011. Received for information.
Staff Payroll Budget:
Keith presented a report on SSEA staff payroll budget increase of a 2.5 %
for each of the next 3 years beginning January 2011. The SSEA has been
in line with the Town of Midlands council approved payroll model for the
past 13 years which included a wage freeze for the past two years.
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Motion:
To approve the SSEA staff payroll increase as reported.
Moved by; Ron Stevens, seconded by Dave Ritchie. Carried.
2011 SSEA Charges:
Action:
Defer to next meeting. Keith will prepare a report for the next
quarterly meeting
9. OTHER BUSINESS:
Keith Sherman provided a brief update on the 2011 Tree Distribution.
- Six municipalities participating.
- 7,700 seedlings to be distributed.
th
- Distribution date is April 30.
th
- May 5 will be the SSEA Tree Plant at Hewitts farm in Warminster,
board members are encouraged to participate.
10. ADJOURNMENT AND NEXT MEETING
.
Updated Assessment Report Special Meeting:
The SSSPA will hold a special meeting to endorse the UAR on June 21,
2011 at 9:00 am.
The 2nd Quarterly meeting will be held on July 21, 2011 at Midla
Council Chambers.
MOTION
: To adjourn the meeting. Moved by Kelly Meyer,
seconded by Ralph Hough; Carried.
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SEVERN SOUND ENVIRONMENTAL ASSOCIATION
JOINT MUNICIPAL SERVICES BOARD
2011 SECOND QUARTERLY MEETING 2011
July 21, 2011
Town of Midland Council Chambers
Dominion Avenue
Midland, ON
Approved Minutes for Board Approval
Present Councillor Bob Jeffery SSEA Chair/Town of Midland
Councillor Andrew Hill City of Orillia
Deputy Mayor Ralph Hough Township of Oro-Medonte
Deputy Mayor Pat Marion Town of Penetanguishene
Councillor Kelly Meyer Township of Oro-Medonte
Mayor Ray Millar Township of Tiny
Councillor Ron Stevens Township of Severn
Lynn Dolin SPC Chair
Keith Sherman SSEA ED
Gail Marchildon SSEA OM
Regrets Councillor Paul Wiankco Township of Georgian Bay
1. WELCOME
Bob Jeffery welcomed the SSEA board. 9:18 AM
2.DECLARATION OF PECUNIARY INTEREST
None.
3. ADOPTION OF THE AGENDA
MOTION:
To adopt the agenda of the 2nd Quarterly SSEA Meeting with
amendments.
Moved by Ron Stevens; seconded by Ray Millar; Carried.
4. APPROVAL OF PAST MINUTES
MOTION:
To approve the minutes of the April 21, 2011 meeting of the
SSEA. Moved by Pat Marion, seconded by Ron Steven; Carried.
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5. REVIEW OF PAST MINUTES
Keith provided the board with a response to action from past minutes
discussion regarding the Clean Water Act and municipality responsibilities
concerning Risk Management Officials and the Source Water Plan.
Action: Keith will send out exert from the Clean Water Act to
member due to the size.
6. SSEA Sustainability Plan Update
Keith Sherman gave a brief report on the SSEA Sustainability Plan.
Requests to municipalities for funding are completed with eight of the nine
partner municipalities approved. The Steering Committee will meet to
discuss approaching Township of Springwater for 2012.
Keith reported that Diego Bolanos, the contract Intern is continuing on as
planned noting that his contract will be completed the end of August and
that his costs are completely covered by Western University and
NSCFDC. Next steps will be to hire a new coordinator this fall.
7. SSEA Watershed Issues:
Keith Sherman updated the board on the Tri-Party MOU between the
Township of Oro-Medonte, SSEA and NVCA by saying that the meetings
are on-going between the three parties updating the MOU ensuring that
SSEA interests are upheld. Keith hopes to make a formal report by the
next board meeting in October.
Keith Sherman provided an overview of the County of Simcoes Draft
Water/Waste Water Visioning Strategy that he had just received for
comment. The draft document was prepared for staff review in May of
2011.
Action: Keith Sherman to prepare technical comments for County staff.
County staff will bring the strategy forward to County Council.
Keith Sherman added that with regards to the SSEAs groundwater
management plan (PGMN), the SSEA is continuing to monitor
groundwater quality at available sites throughout the watershed and we
are also looking for opportunities to develop monitoring wells a
target locations to cover the entire watershed.
Michelle Hudolin delivered a Well Aware workshop to the residents of
Bass Lake and area last week to provide information on private wells.
Concerns are that the Source Water Protection focus is not directed to
private wells, resulting in our Well Aware Program being in high demand.
This program is funded and is available to private property owners.
However, a limited number of visits are funded (first come first serve) each
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year. The strategy will be focused on private wells not in the vulnerable
area. Workshops are offered to groups as well as individuals.
8. Second Quarterly report for 2011
Keith Sherman presented the Second Quarterly report for 2011.
MOTION:
To approve the Second Quarter Financial Report.
Moved by Ray Millar; seconded by Ron Stevens. Carried.
Keith also presented the Second Quarter Cheque Register and Revenue
Forecast for 2011. Received for information.
2011 SSEA Charges Report:
Keith submitted a report on the SSEA charges for 2011.
Motion:
To approve the rates for use in municipal plan review and input
with invoicing through municipal partners.
Moved by: Dave Ritchie; seconded by Ralph Hough. Carried.
10. ADJOURNMENT AND NEXT MEETING
.
MOTION
: To adjourn the meeting 10:10 AM. Moved by Kelly Meyer,
seconded by Andrew Hill; Carried.
The Third Quarterly meeting will be held on October 20, 2011 at Midland
Council Chambers.
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SEVERN SOUND ENVIRONMENTAL ASSOCIATION
JOINT MUNICIPAL SERVICES BOARD
Town of Midland Council Chambers
Special Meeting Draft Minutes
Tuesday, September 27, 2011Town
Present Councillor Bob Jeffery SSEA Chair/Town of Midland
Deputy Mayor Ralph Hough Township of Oro-Medonte
Councillor Andrew Hill City of Orillia
Councillor Kelly Meyer Township of Oro-Medonte
Mayor Ray Miller Township of Tiny
Councillor David Ritchie Township of Tay
Councillor Perry Ritchie Township of Springwater
Councillor Ron Stevens Township of Severn
Councillor Paul Wiancko Township of Georgian Bay
Keith Sherman SSEA ED
Gail Marchildon SSEA OM
Guest Knox Henry Henry Dispute Solutions Inc
Regrets: Deputy Mayor Pat Marion Town of Penetanguishene
Robin Dunn Township of Oro-Medonte
1. WELCOME AND CALL TO ORDER
Chair Bob Jeffery called the meeting to order at 3:07 PM.
2. ADOPTION OF THE AGENDA
MOTION:
To adopt the agenda of the Special Meeting.
Moved by; Ron Stevens, seconded by; Paul Wiancko. Carried.
3. REPORT ON ORO-MEDONTE SERVICE DELIVERY MOU
1
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Keith Sherman summarized the Staff Report on the Tri Party MOU (copy
attached).
Ralph Hough provided a history and background to the Board regarding
the Oro-Medonte, Severn Sound Environmental Association and NVCA
MOU.
Motion
: That Board of Directors approve, in-principal, entering into the
Tri- party MOU Agreement between the Township of Oro-Medonte,
Severn Sound Environmental Association and Nottawasaga Valley
Conservation Authority provided the eight recommendations are
addressed. (see below).
Moved by Ron Steven, Seconded by Dave Ritchie. Carried:
1. That all three parties agree to enter into the MOU
2. That mediation costs to SSEA (MOU Draft 14,Sec. H sub sec.3) shall
not exceed $2,000 in any year.
3. That the scope of pre-development consultation consists of the
initial meeting(s) to identify issues and study requirements and will
not include costs of detailed development and study reviews on
behalf of the Township.
4. That the costs for the services provided by SSEA in Appendix 1 of
the MOU are understood to be estimated values using 2011 as an
example and that the municipality recognizes that the only direct
cost to the Township of Oro-Medonte in this example is the
Administration/Operations item.
5. That SSEA data that is identified as unique and is available
transfer (Appendix 2) is included in the MOU. Normally, data shall
only be available at project completion. Provision of data prior
reporting will require special, additional costs from the party
requesting the data.
6. That the intention of Appendix 2 is to list data that is unique. The
current list as drafted is inaccurate and commits to share data that is
not likely to be available for sharing amongst the parties.
7. That the footnote in Appendix 1 suggesting that the Township of
Oro-Medonte approval is required for any additional programs and
services be clarified to say that Township approval is only required
for those additional programs creating additional costs to the
Township.
8. That it be clearly stated in footnote 4 of Appendix 1 that th
deduction for NVCA Levy for SSEA Service delivery is a tool for
estimating the deduction only and is not a limit on the actual costs of
the SSEA Programs.
4. OTHER BUSINESS
2
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Dave Ritchie asked Keith Sherman if the SSEA is charging a fee f
request that come from legal firms regarding the sale or purchase of a
property in the Severn Sound area. Keith explained to the board that the
SSEA is in the process of carefully considering all request logistically,
legally and environmentally and our fee schedule. While SSEA does not
Letters of Clearance as we do not do permitting, we do however p
comment on environmental issues such as wetlands and contamination of
soils however for SSEA to comment, we would have documentation f
verification.
Dave Ritchie also asked about who was taking care of the Source Water
Stewardship portion of Oro-Medonte. Keith Sherman responded by
reiterating that all Source Water Projects and Stewardship Programs are
based on the true watershed boundaries, the SSEA is the Source
Protection Authority for the entire Severn Sound watershed area including
the Seven Sound portion of Oro-Medonte.
5. ADJOURNMENT AND NEXT MEETING
MOTION
: To adjourn the meeting Moved by Andrew Hill,
seconded by Ray Millar. Carried.
.
Next Meeting of the SSEA Board will be held on Octorber 20, 2011 at the
Town of Midland Council Chambers starting at 10:00 following the Severn
Sound SPA Meeting..
3
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12d) Correspondence dated October 27, 2011 from Ruth Dolan...
5) Subject
Request for a Proclamation for Nov.
6) Inquiry
Mayor Harry Hughes
Your Honour,
I am writing to request a proclamation from the Township of Oro-Medonte to declare November
Pulmonary Hypertension Month.
This will be a tremendous help to us in our awareness efforts on behalf of all persons throughout your
community and Canada who suffer with this rare, life threatening lung disease.
PULMONARY HYPERTENSION, or PH, is a disease affecting the arteries of the lungs. It can strike
anyone regardless of age, sex, social or ethnic background. In pulmonary hypertension (which means
high blood pressure in the lungs), the arteries of the lungs become narrowed and scarred, which can
result in almost complete closing of the arteries. People affected with this disease suffer from continuous
high blood pressure in the lungs which results in an enlargement of the heart, and can lead to heart
failure.
Some symptoms of pulmonary hypertension are: shortness of breath (especially with activity); bluish
or purplish hands, feet and lips; swelling of hands and feet; light-headedness/dizziness, especially when
climbing stairs or standing up; chest pain, especially with physical activity; feeling tired all the time; and
sometimes even fainting.
The somewhat "generic" symptoms, as seen above, often get mistaken for other less serious illnesses
and conditions and patients therefore experience significant delays in receiving lifesaving treatments.
I am the mother of a young woman who is living with Pulmonary Hypertension (PH). I am also the
Co-Leader for the Toronto Chapter, Pulmonary Hypertension Support Group. PH Canada , the only PH
group in southern Ontario.
For More information about PH and this request, please feel free to contact me. Thank you.
Kind regards,
Ruth
Ruth Dolan
Toronto Chapter, PH Support Group Co-Leader
Pulmonary Hypertension Association of Canada
www.phacanada.cawww.phatoronto.caruth@phatoronto.ca
(905)775-3586
59 Cambridge Cres,
Bradford, ON, L3Z 1E2
Page 74 of 165
12d) Correspondence dated October 27, 2011 from Ruth Dolan...
To: Teeter, Janette
Subject: Re: Request for a Proclamation for Nov.
My request is for the Township of Oro-Medonte to proclaim November Pulmonary Hypertension (PH) Month. We
have requested over 50 municipalities to help us with our Awareness campaign thus far. We are a very small
organization and it is therefore a challenge to attract the kind of media attention that the larger health issues
(with enormous budgets) attract, so we are reaching out to the cities and towns where PH patients live, for help..
Due to the rareness of the condition and the difficulty in reaching out to those who may not know another
person who suffers from PH or even have a physician who will recognize this life threatening illness, or know how
to treat it, we hope that proclamations can be of help to bring awareness to Health Care Providers and non-
medical people alike, especially if the proclamations get noted in local
papers.
http://www.simcoe.com/community/bradford/article/1233238
Our organization is indeed a Canadian registered charity (# 872050224-RR-001) and
www.phacanada.ca is the official web site with local websites in many of the provinces
(www.phatoronto.ca). At this time we are aware of approx. 1,600 + patients being treated in all of
Ontario and most have to travel to Toronto, Ottawa, London or Hamilton PH Clinics to be treated by specialists
in PH. The treatments cost in the range of $100,000.00 and more /year.
The "Toronto " PH Support Group is the only active one in the province at present and we have members from
as far away as London, Stratford, Bradford, Oakville , Ajax. The newly formed Ottawa Group has recently met
once or twice.
I hope this is helpful.
Kind Regards,
Ruth
--
Ruth Dolan
Co-leader of the Toronto Chapter
Pulmonary Hypertension Association of Canada
www.PHAtoronto.ca
ruth@phatoronto.ca
Page 75 of 165
12d) Correspondence dated October 27, 2011 from Ruth Dolan...
Simcoe
October 27, 2011
The Pulmonary Hypertension Association of Canada — Toronto Chapter has announced the date of its third
annual fundraising event.
This year, the group’s annual gala, Let Me Breathe: A Vegas
Fundraiser, will be at Brebeuf College, at 211 Steeles Ave. E, in Toronto
Last year’s event netted more than $13,000 for the cause and this year organizers are hoping to do even
better.
With more than 300 people expected to attend, the event promises to be a fun evening filled with a variety
of casino-style games, live entertainment, a live auction and more.
Tickets for the upcoming event are $25 and can be purchased in advance or at the door. Admission is
restricted to adults 19 and older and there will be a cash bar.
Organizers are also seeking donations for door prizes and the live auction.
Last year’s event featured a variety of items, including handcrafted specialty items, artwork, entertainment
passes, housewares, a netbook and a TV.
All proceeds will go to the not-for-profit organization. Pulmonary hypertension is a rare, life-threatening lung
disease characterized by shortness of breath, fatigue, swelling of the feet and ankles and fainting.
The Toronto chapter covers a large area, including Bradford West Gwillimbury and local resident Ruth Dolan,
whose daughter suffers from the ailment, is the group’s co-leader.
For more information, e-mail Ms Dolan at ruth@phatoronto.ca or call 905-775-3586. You can also e-mail
Loretta Chu at info@phatoronto.ca or call 416-885-9733.
This article is for personal use only courtesy of Simcoe.com - a division of Metroland Media Group Ltd.
http://www.simcoe.com/print/1233238[10/28/2011 8:40:20 AM]
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Page 94 of 165
15a) Being A By
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2011-162
Being a By-law to Authorize the Execution of a Pre-Servicing Agreement 2063334
Ontario Inc. Draft Plan of Subdivision of PCL 5-2 SEC 51-MED; Pt E ½ LT 5 CON
13, MEDONTE PRTS 1, 2,3,4,5, & 6, 51R29091; S/T RO680284; PIN 58530-0044 LT
Township of Oro-Medonte, County of Simcoe
WHEREAS,
Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P.13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applie
AND WHEREAS
the Council of the Township of Oro-Medonte deems it advisable to
enter into a Pre-Servicing Agreement with the Owner of 2063334 Ontario Inc. for the
following Description of Lands: Draft Plan of Subdivision of PCL 5-2 SEC 51-MED;
Pt E ½ LT 5 CON 13, MEDONTE PRTS 1, 2,3,4,5, & 6, 51R29091; S/T RO680284; PIN
58530-0044LT, Township of Oro-Medonte, County of Simcoe
NOW THEREFORE
the Council of the Township of Oro-Medonte hereby enacts as
follows:
That
1.the Mayor and Clerk are hereby authorized to execute, on behalf of the
Township of Oro-Medonte, a Pre-Servicing Agreement, a copy of which is
attached hereto and forms part of this By-law as Schedule A.
That
2. the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Pre-Servicing Agreement against the owners of the land;
That
3. this By-Law shall come into effect upon the date of passage thereof.
BY-LAW 2011-162 READ A FIRST, SECOND AND THIRD TIME, AND PASSED
ND
THIS 2 DAY OF NOVEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
_____
Clerk, J. Douglas Irwin
Page 95 of 165
15a) Being A By
- between -
- and -
Draft Plan of Subdivision of PCL 5-2 SEC 51-MED; Pt E ½ LT 5 CON 13 MEDONTE
PRTS 1, 2,3,4,5, & 6, 51R29091; S/T RO680284; ORO-MEDONTE, COUNTY OF
SIMCOE, PIN 58530-0044 LT
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
October, 2011
By-Law No. 2011-162
Page 96 of 165
15a) Being A By
PRE-SERVICING AGREEMENT
THIS AGREEMENT MADE BETWEEN:
Township of Oro-Medonte
(hereinafter called the Township)
- and -
2063334 Ontario Inc.
(hereinafter called the Developer)
WHEREAS
the Developer is the registered owner of the lands described in Schedule A
attached (the Subdivision Lands);
AND WHEREAS
the Developer desires to commence installing municipal services
within the Subdivision Lands, prior to the registration of the Plan of Subdivision and the
execution of the Subdivision Agreement with the Township;
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1. ASSUMPTION OF RISK BY DEVELOPER
1.1 The Developer agrees to assume all risk in commencing instal
services, as defined in Article 1.4 hereof, on the Subdivision L
execution of a Subdivision Agreement with the Township and the registration of
the Plan of Subdivision. The Developer hereby releases the Town
agents, servants and employees from and against all actions, sui
demands whatsoever, which may arise either directly or indirectly as a result of
the installation of Township services by the Developer.
1.2 The Developer acknowledges and agrees that, in the event that a Subdivision
Agreement with the Township is not finalized for any reason and the Plan of
Subdivision is not registered as a result, pre-servicing of the Subdivision Lands
shall cease immediately.
1.3 The Developer acknowledges and agrees that Engineering design plans and
specification for the Township services to be installed by the D
submitted to the Township, in accordance with the terms of this
require further amendment as a result of requirements imposed by the Township
under the terms of the Subdivision Agreement to be entered into for the
Subdivision Lands. The Developer covenants and agrees to assume
responsibility for the cost of required revisions to the Engineering design drawings
and specifications for the Township services, together with the costs of modifying,
reconstructing, removing and/or replacing the Township services installed by the
Developer, pursuant to the terms of this Agreement, in order to satisfy the
requirements finally imposed by the Township at the time that the Subdivision
Agreement is entered into.
1.4 The Developer acknowledges and agrees that this Agreement re
permits the installation of the following Township services on t
Lands:
1. Earthworks
1.5 The Developer acknowledges and agrees that no work shall be
existing Township right-of-way, and that there shall be no connection to services
on any Township right-of-way.
2
Page 97 of 165
15a) Being A By
1.6 The Developer acknowledges and agrees that no work shall be
lands not owned by the Developer, without the written consent of the owner to be
filed with and approved by the Township.
1.7 The Developer acknowledges and agrees that all Servicing Pla
with Federal, Provincial and Township laws, By-laws, standards and policies.
2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK
2.1 The Developer agrees to submit the following to the Townshi
satisfactory to the Township, prior to the commencement of the installation of
Township services on the Subdivision Lands:
a) A letter from a qualified Engineer experienced in the field of Township
services confirming:
1. Retainer - That their firm has been retained by the Developer
Consulting Engineers for
2. Terms of Retainer - The terms of their retainer with the Dev
follows:
a) Plans and Specifications - Prepare plans and specifications for the
construction of Township services;
b) Cost Estimates - Prepare cost estimates for the Township serv
to be constructed from the drawings;
c) Approvals - Obtain all necessary approvals to construct;
d) Co-ordination - Co-ordinate the installation of Township serv
avoid conflicts with regards to telephone, cable T.V., and Towns
services;
e) On-Site Inspections - Ensure that all on-site inspections of
Township service installations are conducted by the Developers
Consulting Engineers at all times during construction;
f) As-Constructed Drawings - Submit certified as-constructed
drawings after acceptance of the Township services;
g) Change in Retainer If at any time during the project:
i) The terms of their retainer are changed by the Developer, o
ii) If they become aware that they will not be able to provide as
constructed drawings, they will notify the Township within
twenty-four (24) hours;
h) Erosion and Siltation Control - Ensure all necessary precautions are
taken to prevent erosion and sedimentation of sewers, ditches,
culverts, slopes, etc., both within the subdivision and downstre
prior to and during construction.
b) Confirmation letters are to be filed with the Township Clerk, confirming the
following:
1) The Township Engineer has no objection to the pre-servicing;
2) The Planning Department has no objection to the pre-servicing;
3) The Township Solicitors have no legal objections to the pre-servicing.
c) Payment of cash or certified cheque required to cover the cost of the
Townships lawyer and Planner for all costs involved in processi
3
Page 98 of 165
15a) Being A By
Servicing Agreement, and for all the Townships Engineers for ch
plans, specifications and inspection on behalf of the Township f
Ten Thousand Dollars ($10,000).
As accounts are received from the Township Planner, lawyer, and
they will be paid by the Township and then submitted to the Deve
reimbursement within thirty (30) days.In the event that the deposit is drawn
down to a level of
Five Thousand Dollars ($5, 000)
or less, and the Developer does not pay the accounts within thirty (30) days, it
is hereby understood and agreed that the Developer is in default of this
Agreement and all work must cease;
d) A Letter of Credit, as per Schedule C, in the amount set out in Schedule B,
attached, as security to ensure the due completion of the Townsh
to be constructed by the Developer, and as security to be held b
Township for the warranty periods to be more particularly described in the
Subdivision Agreement for the Subdivision Lands. The said Letter of Credit
shall provide that if in the sole opinion of the Township, default under the
terms of this Agreement has taken place, the said Letter of Cred
thereupon be drawn upon in whole or in part;
e) A certified copy of an insurance policy, or a certificate of insurance, confirming
Five Million Dollars
comprehensive general liability in the amount of
($5,000,000.00)
, naming the Township as co-insured, and containing the
following additional provisions or endorsements:
1) Products/Completed Operations provisions;
2) Cross-liability clause;
3) Blasting included, only if done by an independent contractor;
4) 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.
f) All Servicing Plans shall be submitted to and accepted by the
Engineer;
g) The Ministry of the Environment and Energy has given technical approval
to the Servicing Plans.
3. INSPECTION BY THE TOWNSHIP
3.1 The Developer agrees to permit unrestricted access to the Su
the Township and its agents for the purpose of inspection of the Township
services to be installed by the Developer. Notwithstanding that inspections may
be conducted by the Township or its agents, the Developer shall bear sole
responsibility for the soundness of the Engineering design of the Township
services, and for ensuring that the Township services to be inst
as intended, and will be compatible with the final Plan of Subdivision when and if
such Plan of Subdivision is approved.
3.2 If, in the opinion of the Township, there is an emergency situation as a result of
any work undertaken by the Developer or its servants, or agents, which requires
immediate attention to avoid damage to private or public property or services
owned by the Township or to eliminate a potential hazard to persons, such work
may be done immediately by the Township at the expense of the Developer, but
notice shall be given to the Developer at the earliest possible
4
Page 99 of 165
15a) Being A By
4. APPLICATION OF SECURITY
4.1 In the event of default by the Developer under the terms of this Agreement, or if
the Township is required to enter onto the Subdivision Lands or the abutting
Township lands to conduct any work on the Township services or t
of the Township services to facilities due to an emergency, the
entitled to draw upon the security posted by the Developer pursuant to the terms
of this Agreement, in whole or in part, to cover the costs incurred by the Township
in remedying the default on the part of the Developer, or in addressing the
emergency situation.
5. NO REDUCTION OF SECURITY
5.1 The Developer acknowledges and agrees that no reduction in the amount of
security filed by the Developer with the Township, in accordance with the terms of
this Agreement, shall be permitted until such time as the Develo
into the Subdivision Agreement for the Subdivision Lands with th
Thereafter, any reductions in the security posted by the Develop
completed in accordance with the terms of the said Subdivision A
6. NO ASSUMPTION OF TOWNSHIP SERVICES
6.1 The Developer acknowledges and agrees that the Township shall not be required
to assume the Township services to be constructed by the Develop
the terms of this Agreement, until such time as the Developer has entered into a
Subdivision Agreement with the Township for the Subdivision Land
Township services have been completed, inspected, and approved.
7. NOTICE
7.1 Any notice required to be given pursuant to this Agreement may be given by
prepaid registered post to the Developer at the following address:
2063334 Ontario Inc.
255 Duncan Mill Road, Unit 801
Toronto, ON
M3B 3H9
(416) 391-6700
and such notice shall be deemed to have been given and received
day after mailing.
8. NO ASSIGNMENT
8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement
without the written consent of the Township, which may be unreasonably
withheld.
IN WITNESS WHEREOF
the Developer has hereunto set its hands and seals this
day of , 2011.
Per: ____________________________________________ 638230 Ontari
Developer
IN WITNESS WHEREOF
the Township has hereunto sets its hands and seals this
day of , 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per: ____________________________________________ H.S. Hughes, Mayor
Per: ____________________________________________ J. Douglas Irwin, Clerk
Page 100 of 165
15a) Being A By
SCHEDULE A
DESCRIPTION OF LANDS:
DRAFT PLAN OF SUBDIVISION PCL 5-2 SEC 51-MED; Pt E ½ LT 5 CON 13
MEDONTE PRTS 1, 2,3,4,5, & 6, 51R29091; S/T RO680284; ORO-MEDONTE,
COUNTY OF SIMCOE, PIN 58530-0044 LT
6
Page 101 of 165
15a) Being A By
SCHEDULE B
CASH DEPOSITS TO BE FILED WITH THE TOWNSHIP:
1. Townships lawyer and Planner for all costs involved in processing the Pre-
Servicing Agreement, and for all the Townships Engineers for ch
specifications and inspection on behalf of the Township.
$10,000
TOTAL CASH DEPOSITS TO THE TOWNSHIP
$ 10,000
2. A Letter of Credit as security to ensure the due completion o
services to be constructed by the Developer, and as security to
Township for the warranty periods to be more particularly described in the
Subdivision Agreement for the Subdivision Lands.
SECURITY TO BE DEPOSITED WITH THE TOWNSHIP
$ 20,000
7
Page 102 of 165
15a) Being A By
SCHEDULE C
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: $ 20,000
Except as otherwise expressly stated, this Letter of Credit is i
Customs and Practices for Documentary Credits (1993 Revision), b
UCP 500.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
TO:
P.O. Box 100, Oro Ontario, L0L 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, __________________
_________________ , ________________, Ontario, ______________ ,
give to you an Irrevocable Letter of Credit in your favour, in t
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 w
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 signi
the Township of Oro-Medonte. The original Letter of Credit must
________________ , ______________ , Ontario, _________. The Let
understand, relates to a Subdivision Agreement between our said
of the Township of Oro-Medonte, with Mortgage Company, as a thir
subdivision of _____________________
_______________________________________.
(property description)
The amount of this Letter of Credit may be reduced from time to
writing, given to us by an authorized signing officer of the Cor
Medonte.
Partial drawings shall be permitted. We hereby agree that parti
Credit will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one
condition hereinafter set forth. It is a condition of this Lett
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 t
expiration date, we notify you in writing by registered mail tha
Letter of Credit to be renewable for any additional period.
Dated at , Ontario, this 0 .
_________________________________ _____________________________
Authorized Signature
Bank of _______________________
8
Page 103 of 165
15b) A By
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2011-164
A By-law to amend the zoning provisions
On lands described as follows:
Parts 3, 4, and 7 of Plan 51R-37583, and Part 2 of Plan 51R-3776
Township of Oro-Medonte, County of Simcoe
WHEREAS
the Council of the Corporation of the Township of Oro-Medonte i
empowered to pass By-laws to regulate the use of land pursuant t
Planning Act, R.S.O. 1990, c.P.13.
AND WHEREAS
Council deems it appropriate to rezone the subject lands, in
accordance with Sections C2 and C3 of the Official Plan;
NOW THEREFORE
the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
2.This By-law shall come into effect upon the date of passage here
the provisions of the Planning Act, as amended.
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2 ND
DAY OF NOVEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
_____
Clerk, J. Douglas Irwin
Page 104 of 165
15b) A By
This is Schedule 'A' to By-Law 2011-164
nd
passed the 2 day of November, 2011.
Mayor
H.S. Hughes
Clerk
J. Douglas Irwin
Page 105 of 165
15c) Being a By
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2011-169
Being a By-law to Authorize the Execution of a Subdivision Agreement between
the Corporation of the Township of Oro-Medonte and Horseshoe Valley Lands
Limited
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 4, Geographic Township of Oro, Township of Oro-Medonte, County of
Simcoe, S/T Easement over Part 1, Plan 51R-32020 as set out in LT522875 over the
whole of Blocks 17 and 18 and Part of Landscape Drive; S/T Easement over Part 2,
Plan 51R-31902 as set out in SC108651 over Part Lot 9, Part Blocks 21 and 22 and
Part of Landscape Drive, Being Part of PIN # 74055-0123 (LT), (known as the
Horseshoe Valley Lands Landscapes Phase 2 Subdivision), Township of Oro-
Medonte, County of Simcoe;
NOW THEREFORE
the Council of the Corporation of the Township of Oro-Medonte
hereby enacts as follows:
THAT
1. 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;
THAT
2.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 sub
;
owners of the land
THAT
4. this By-Law shall come into effect upon the date of passage hereof,
subject to the provisions of the Planning Act, as amended.
ND
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2
DAY OF NOVEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
_____
Clerk, J. Douglas Irwin
Page 106 of 165
15c) Being a By
- betweenn -
HORSESHHOE VAALLEYLLANDS LIMITEED
-- and -
TTHE COORPORAATION OF THEE TOWNNSHIPOF ORROMEDDONTE
-- and -
ROMMSPENINVESTTMENTT CORPPORATION
DESSCRIPTTION OF LANDDS
Partt of Lot3, Concession 4
(Geoggraphicc Townsship of Oro)
S/T EEasemeent oveer Part 11, Plan 51R-322020 ass set ouut in
LT5222875 ovver the wholeof Bloccks 17 aand 18 and Paart of
Landsccape Drrive; S/TT Easemment ovver Parrt 2, Plaan 51R--31902
aas set oout in SSC1086551 overr Part Lot 9, Paart Bloccks 21 aand 22
and ppart of Landsccape Drrive
BBeing Paart of PPIN # 744055-0123 (LT))
TOWNNSHIP OOF OROO-MEDOONTE
CCOUNTYY OF SIMCOE
Novembeer 2, 20111
By-Law NNo. 2011--169
Page 107 of 165
15c) Being a By
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1 General Requirements
Part 2 The Lands, Plans and Representations
Part 3 Requirements Prior to Execution of Agreement
Part 4 Pre-Construction Requirements
Part 5 Financial Requirements
Part 6 Staging or Phasing
Part 7 Construction Requirements
Part 8 Building Permits and Occupancy
Part 9 Maintenance and Acceptance
Part 10 Default Provisions
SCHEDULES
Schedule "A - Description of Lands Affected by this Agreement
Schedule "B" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" - Itemized Estimate of Cost of Construction of Each
Part of the Works
Schedule "E" - List of Lots Requiring Special Attention
Schedule "F" - Development Charges
Schedule "G" - Deeds and Easements to be Conveyed
Schedule "H" - Parkland
Schedule "I" - Declaration of Progress and Completion
Schedule "J" - General Location and Lot Grading Plans
Schedule K - Standard Township Letter of Credit
2
Page 108 of 165
15c) Being a By
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the 2nd day of November, 2011.
BETWEEN:HORSESHOE VALLEY LANDS LIMITED
(hereinafter called the "Developer")
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
AND:
ROMSPEN INVESTMENT CORPORATION
(hereinafter called the "Mortgagee")
OF THE THIRD 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" a
collectively are herein referred to as the ''said lands'';
AND WHEREAS43-OM-20001
a Draft Plan with Conditions () has been
issued for the proposed subdivision, which requires that the Dev
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:
3
Page 109 of 165
15c) Being a By
PART - 1
GENERAL REQUIREMENTS
1.1 DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ Engineers registered and in good standing
with the Association of Professional Engineers of Ontario:
1.1.1 To prepare designs in accordance with the Township of
Oro-Medonte Engineering Standards and Drawings
(dated October,1997).
1.1.2 To prepare and furnish all required drawings and
specifications.
1.1.3 To prepare the necessary contract(s) and provide
contract administration.
1.1.4 To obtain the necessary approvals in conjunction with the
Township, from the Township of Oro-Medonte sewage
approval authority, Simcoe County District School Board
and Simcoe Muskoka Catholic District School Board, and
utility companies, or as a result of legislative or
procedural change, the Ministries shall be deemed to be
the Ministry of Municipal Affairs and Housing, as well as
the Council of the Township of Oro-Medonte or the Chief
Building Official. This will also pertain to Sections 2.4.3,
3.1.11, 8.1 and 8.2.
1.1.5 To act as the Developer's representative in all matters
pertaining to the subdivision.
1.1.6 To provide co-ordination in scheduling to comply with the
timing provisions of this Agreement and the requirements
of the Township Engineer, for all the work specified in this
Agreement.
1.1.7 To provide supervision during construction of all the
services.
1.1.8 To ensure that the work involved in construction of the
services is carried out by construction methods
conforming to acceptable engineering practice.
1.1.9 To maintain records of construction which shall be
available for inspection or copy by the Township.
1.1.10 To prepare final as constructed Mylar drawings which
will include the following with regard to provision of a
digital Plan of Subdivision:
Completed digital Plan of Subdivisions must be in
AutoCAD 14 drawing format or DXF and be delivered on
a CD Rom or DVD. Two copies of each Plan of
Subdivision are required on separate CD Roms or DVDs.
Each CD Rom or DVD must be labeled identifying the
legal property description, developers name, file name,
and date delivered.
PKZIP Release 2.04G or higher may be used to perform
file compression if required.
4
Page 110 of 165
15c) Being a By
It is the Developers responsibility to ensure that all
drawing changes occurring throughout the approval
process are incorporated into the digital submission.
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
COLOURYELLOW (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
FONTMONOTEXT
COLOURYELLOW (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
NOTE:
Plan or with an approved variation ( That a
Professional Engineer could also be retained to provide
5
Page 111 of 165
15c) Being a By
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.
1.2 LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by regis
mail addressed to the Developer at his principal place of busine
shall be effective as of the date of the deposit thereof in the post office,
as follows:
Horseshoe Valley Lands Limited
1101 Horseshoe Valley Road
Comp # 50
Barrie, Ontario
L4M 4Y8
Or by Facsimile Transmission to: (705) 835-6743
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 C
writing, of any change(s) in his principal place of business.
Mortgagee Information:
Romspen Investment Corporation
c/o Bonnie Bowerman, Vice-President
162 Cumberland Street
Toronto, Ontario
M5R 3N5
Tel: (416) 928-5114
Fax: (416) 966-1161
Genia Ionova
Senior Mortgage Analyst
Tel: (416) 928-5109
Fax: (416) 966-1161
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.
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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
Agreement as though he/they had executed this Agreement in the
capacity of the Developer.
1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of him assigning or
transferring the mortgage(s) on the lands, the assignment(s) or
transfer(s) shall be subject to the terms hereof, in the same manner as
if the assignee or transferor has executed this Agreement.
1.7 LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear
from all encumbrances unto the Township, lands for municipal
purposes other than roads, which shall be mutually agreed upon by the
Developer and the Township or to make a cash payment in lieu
thereof, as provided by Section 51.1 of the Planning Act, R.S.O. 1990,
c.P.13 and required by the Township of Oro-Medonte. The Developer
also agrees to certify good title to lands by the Developers 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 preparatio
registration of the said deed. The Developer shall provide to the
Townships solicitor, certification of good title, free and clear from all
encumbrances.
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 Developers 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. The Township agrees to transfer easement(s) on
lands it owns following the registration of this subdivision plan to the
authority requiring the easement(s). All cost of the above noted
registration to be borne by the Developer.
1.9 HYDRO AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the
Developer shall provide the Township with a letter from the electricity
supplier and from the telephone supplier, stating that the Developer
has entered into a satisfactory arrangements with them with respect to
the costs of installing underground wiring and financial contributions in
this regard.
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The cost of any relocations or revisions to existing private co
plant and equipment, which are necessary to accommodate this
subdivision, shall be borne by the Developer.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
That the Developer agrees to include in all offers of purchase and sale,
a statement that advises the prospective purchaser that the public and
catholic schools on designated sites in the community are not
guaranteed. Attendance at schools yet to be constructed in the area is
also not guaranteed. Pupils may be accommodated in temporary
facilities and/or be directed to schools outside of the area.
That the Developer agrees to include in all offers of purchase and sale
a statement which advises the prospective purchaser that school
busses will not enter cul de sacs and that pick up points will generally
be located on through streets, suitable to the Board. Additional pick-up
points will not be located within the subdivision until major construction
activity has been completed.
1.11 CANADA POST
The Developer agrees to construct mailbox laybys as detailed on the
engineering drawings as per Section 2.4.2 (Plans and Specifications),
a site, if required, to the specifications and standards of Canada Post
and the Township, as required for the construction of mailboxes by
Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT
The Developer and each individual lot owner, acknowledges that the
waste treatment facility and sewers are privately owned and operated
and not under the control of the Township.
1.13 RESPONSIBILITY AGREEMENT
The Developer acknowledges that there is an agreement between the
Township of Oro-Medonte and American Water Services Canada Corp.
(By-law 2008-097) in regards to the ownership, financing, construction,
operation, maintenance, and repair of certain sewer and waste
treatment facilities which service this development.
1.14 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses 1.1.11, 1.1.12 and Note
1.1, 1.8, 1.10, 1.11, 1.12, 1.13, 5.5, 5.7.2, 7.3, 7.10, 7.17, 8.1, 8.1.1,
8.2, 8.3, 8.4, 8.5, 9.8 and Schedules E and F, 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, cau
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
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under this Agreement, or, as a result of the Township performing any
municipal work on the said lands or the adjacent properties which may
damage or interfere with the works of the Developer, provided that such
default, failure or neglect was not caused as a result of negligence on
the part of the Township, its servants or agents.
1.16 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon
parties and their heirs, executors, administrators, successors and
assigns.
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PART - 2
THE LANDS, PLANS AND REPRESENTATIONS
2.1 SCOPE OF AGREEMENT
2.2 DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in
Schedule "A" hereto.
2.3 PLAN REFERENCE
For the purpose of this Agreement, references are made to the Plan of
Subdivision, attached hereto, as Schedule "B". Any further changes in
the said Plan, or any changes in the Conditions of Draft Approval, may
necessitate a change in the provisions of this Agreement.
2.4 CONFORMITY WITH AGREEMENT
The Developer agrees to satisfy all the requirements, financial and
otherwise, of the Township concerning the provision of roads; the
installation of services and drainage.
The Developer covenants and agrees that no work shall be performed
on the said lands except in conformity with:
2.4.1 The provisions of this Agreement, including the Schedules
hereinafter referred to.
2.4.2 The Plans and Specifications submitted to and accepted by the
Township as being within its design criteria including, without
limiting the generality of the foregoing, the Drawings listed in
Schedule C of this Agreement, along with the Final Functional
Servicing Report January 2011prepared by Pearson McCuaig
Engineering Ltd.; and stamped Accepted for Construction by
the Township Engineer on August 30, 2011.
DescriptionDrawing No.
LIST OF DRAWINGS
PEARSON McCUAIG ENGINEERING LTD.
TITLE PAGE
M-PLAN
51M-
Notes and Details
Notes and Details ND-1
Notes and Details ND-2
General Servicing Plans
General Servicing Plan GS-1
Erosion Control Plan
Erosion Control Plan EP-1
Storm Drainage Plan
Storm Drainage Plan STM-1
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Sanitary Drainage Plan
Sanitary Drainage Plan SAN-1
Plan Profile
Plan Profile Landscape Dr. PP-1
Plan Profile Storm Easement PP-2
Lot Grading Plan
Lot Grading Plan LG-1
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 Nottawasaga Valley Conservation Authority
2.4.3.5 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.
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 "F" - Development Charges
Schedule "G" - Deeds and Easements to be Conveyed
Schedule "H" - Parkland
Schedule "I" - Declaration of Progress and Completion
Schedule "J" - General Location and Lot Grading Plans
Schedule K - Standard Township Letter of Credit
2.7 SUBDIVISION CHANGES
There shall be no changes in the Schedules attached hereto, or
Plan accepted by the Township or others, unless such proposed
changes have been submitted to, and approved by, the Township an
the Township Engineer.
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PART - 3
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1
Prior to the execution of this Subdivision Agreement by the Township,
the Developer shall:
3.1.1 Taxes - have paid all Township tax bills issued and outstanding
against the said lands.
3.1.2 Deeds and Easements - have delivered to the Township all
transfers/deeds, discharges and easements or other documents
required by Schedule G, as well as Certification from the
Developers 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 pai
to the Township all cash deposits, development charges and
security required by Schedules D and F.
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,
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.
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3.1.10 Land Ownership- be the registered owner in fee simple
of the lands described in Schedule "A and that there
will be no encumbrances registered against the said
lands.
3.1.11 Approvals - obtain and file with the Township, confirmation
approvals from the following:
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 Simcoe County District School Board
3.1.11.5 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 Mylars - provide for registration, Mylars of all Plans
incorporated into this Agreement as Schedules.
3.1.15 Fire Chief Approval - obtain an approval from the Fire Chief
of the Township confirming and approving of the proposed plans
for fire protection, and specifying any hydrants, or other
equipment, or appurtenances required.
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PART - 4
PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer
:
shall
4.1.0 Pre-servicing
Obtain a pre-servicing agreement, if necessary, prior to
registration.
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:
i) the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Electrical, Telephone
and Gas;
iv) the road, watermain and sewer plans and profiles;
vi) landscape plans.
4.1.3Certificate of Approval
Submit to the Township, the Ministry of the Environment's
Certificate of Approval for Storm Sewer Works (8456-8M5PGU)
and Waterworks (6141-8JXJJY).
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
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construct, install or perform the works as the Township
Engineer, from time to time, may direct.In any event the
Schedule, or amended Schedule, as the case may be, shall
conform to the requirements of Clause 4.1.9.
4.1.6 Stormwater Management
A stormwater management report shall be prepared by the
Developers Engineer for approval by the Township Engineer
and the Nottawasaga Valley Conservation Authority which
details the means whereby stormwater drainage will be
accommodated and how erosion and siltation will be contained
on site both during and following construction. This report must
deal with post development stormwater quality and shall
conform to Ministry of Environment/Ministry of Natural
Resources Interim Stormwater Quality Guidelines.
4.1.7 Erosion and Siltation Control
The Developer must take all necessary precautions to prevent
erosion and sedimentation of sewers, ditches, culverts, slopes,
etc., both within the subdivision and downstream prior to and
during construction and upon completion of servicing of the
subdivision. Failing adequate precautions being taken, the
Developer shall be responsible for correcting any damage and
paying all maintenance costs resulting there from.
A Storm Drainage and Siltation Control Plan shall be prepared
by the Developer's Engineer for approval by the Township
Engineer and the Nottawasaga Valley Conservation Authority.
Prior to any grading or construction commencing on the site or
final approval and registration of the subdivision, the
Developer's Engineer shall submit the Plan for approval by the
Township Engineer and the Nottawasaga Valley Conservation
Authority. The Plan shall detail the means whereby erosion and
siltation and their effects will be minimized on the site during and
after the construction period. The Plan must deal with post
development stormwater quality and shall conform to the
Ministry of Environment/Ministry of Natural Resources Interim
Stormwater Quality Guidelines. The Developer agrees to carry
out, or cause to be carried out, the work approved in the Plan,
and such work will be certified, in writing, by the Developer's
Engineer and provided to the Township Engineer and the
Nottawasaga Valley Conservation Authority. The Developer
agrees to maintain all erosion and siltation control devices in
good repair during construction.
4.1.8 Signs
Signs at least 1.2 metres by 1.8 metres shall be provided and
erected by the Developer at each entrance to the subdivision, at
a location approved by the Township Engineer, and the signs
shall read as follows:
"ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR
OWN RISK"
The signs shall be painted either orange or yellow with black
lettering. These signs shall be installed prior to the
commencement of construction and be removed after the
issuance of the Certificate of Substantial Completion and
Acceptance (Aboveground Services).
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4.1.9 Notification of Commencement and Completion
The Developer shall not commence the construction of any of
the works until the Developer has provided forty-eight (48) hours
written notice to the Township Engineer, of his intent to
commence work.
The Developer shall complete the works expeditiously and
continuously for the first phase and all underground services
shall be installed within one year of the day of registration of this
Agreement, and all aboveground services shall be installed in
accordance with the Declaration of Progress and Completion, as
required under Clause 7.12 of this Agreement, but no longer
than two years from the date of registration of this Agreement,
unless extended by the Township Engineer. Subsequent
phases shall be completed within a one (1) year time frame for
underground services and two (2) years for aboveground
services from date of commencement. Should for any reason
there be a cessation or interruption of construction, the
Developer shall provide forty-eight (48) hours written notice to
the Township Engineer before work is resumed;
If the municipal services to be constructed by the Developer
under this Agreement are not completed and accepted by the
Township within the above time frame, the Township may either;
Give notice to the Developer to stop work on the said municipal
services and to provide that no further work shall be done with
respect to such services, until an amending Agreement,
incorporating the standards, specifications and financial
requirements of the Township, in effect as of that date, is
executed by all parties; or
Give notice to the Developer to stop work on the municipal
services and inform the Developer that the Township proposes
to realize on its security and proceed with the completion of
construction in accordance with the provisions of the Plans filed
with the Township.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior
to satisfying the requirement of this Agreement, it shall be subject to
the penalties identified in Part 10.
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PART - 5
FINANCIAL REQUIREMENTS
5.1 DEVELOPER'S EXPENSE
Every provision of this Agreement, by which the Developer is ob
in any way, shall be deemed to include the words "at the expense
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
FIVE THOUSAND DOLLARS ($5,000.00)
down to a level of , or less,
and the Developer does not pay the accounts within thirty (30) days, it
is hereby understood and agreed that the Developer would be in
default of this Agreement and the Township may, without notice, invoke
default provisions as set out in this Agreement.
5.3 DEVELOPER'S LIABILITIES
Until the Township has issued the Certificate of Maintenance and Final
Acceptance for the works, the Developer shall indemnify the Township
against all actions, causes of action, suits, claims and demands
whatsoever which may arise either directly or indirectly by reason of
the Developer undertaking the Plan, and the Township shall not be
deemed to be the Developer.
5.4 UTILITY COSTS AND CHARGES
The Developer shall deal directly with all Utility companies. He or his
Consulting Engineer shall obtain all approvals and permits and pay all
fees and utility charges directly to the Utility until the Certificate of
Maintenance and Final Acceptance (Underground Services) are
issued.
If an additional electrical service is required for Township pur
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.
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
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agrees to pay taxes levied on the said lands, on the basis and i
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.
c) Before the Plan is approved, the Developer agrees to commute
and pay the Township's share of any charges made under the
Drainage Act and the Municipal Act, 2001, S.O. 2001, c.25 at
present serving this property and assessed against it.
These charges are set out in Schedule "F" of this Agreement.
NOTE:
In addition to the Municipal Development Charges, the
lots may be subject to Simcoe County development
charges, Simcoe County Boards of Education
development charges and applicable development
charges of any Public Utility.
5.6 SECURITIES
Prior to signing the Subdivision Agreement, the Developer will
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
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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.
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 Townsh
(its servants, agents or sub-contractors) shall, if the Township so
elects, have the right and privilege at all times to enter upon the
said lands for the purpose of repairing or completing any work or
services required to be completed by the Developer under this
Agreement.
f) Exceeding Cost Estimates if the costs of completing such work
or service exceeds the amount of security held by the Township,
such excess shall be paid by the Developer to the Township, thirty
(30) days after invoicing by the Township. All overdue accounts
shall bear interest at the rate of 12% per annum.
g) Save Harmless the Developer, on behalf of itself, its successors
and assigns, agrees to indemnify and save harmless the
Township from and against any and all claims, suits, actions and
demands whatsoever which may arise either directly or indirectly
by reason of any work or service performed by the Township, its
servants or sub-contractors in order to complete the work or
services required to be completed under this Agreement, provided
the subject matter of such action, suits, claims or demands was
not caused intentionally or through gross negligence on the part of
the Township, its servants or agents or sub-contractors.
h) Construction Lien Act if the Township becomes obligated to
make any payments, or pay any costs under the provisions of
Section 17(4) of the Construction Lien Act, this will constitute a
default and entitle the Township to realize upon its security.
i) Surplus Funds in the event that the Township cashes a Letter of
Credit to complete Township services or satisfy any obligations
under this Agreement, any surplus monies that remain after this
work is completed shall, upon full compliance by the Developer
with the terms of this Agreement, be returned to the issuing
financial institution for transmission to that party that took out the
original Letter of Credit.
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5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - after the completion of fifty percent
(50%) of the services based on the total estimated cost of works in
the subdivision or in an approved stage of the subdivision, and
provided the Developer is in compliance with all aspects of the
Subdivision Agreement, the Developer shall, as the work further
proceeds to completion, have the privilege, on application to the
Township and upon certification of the Township Engineer, of
obtaining reductions of the cash or Letter of Credit deposited for
the installation of the services, in increments of not less than ten
percent (10%). Upon application for reduction of the securities,
the Developer's Engineer shall provide an estimate of the cost to
complete the work. This amount, when approved by the
Township Engineer, shall be retained along with twenty percent
(20%) of the completed work estimate and the remainder
released. A further ten percent (10%) of the completed work
estimate will be released upon satisfactory assurance to the
Township that there are no liens pursuant to the Construction Lien
Act affecting lands conveyed or to be conveyed to the Township
within the Plan of Subdivision, pursuant to the terms of this
Subdivision Agreement.
5.7.2 Final Occupancy and Lot Grading Deposit - the Developer or
Individual Lot Owner shall deposit with the Township, the required
Final Occupancy and Lot Grading Deposit at a rate applicable at
the time of the issuance of Building Permits. Upon certification of
final grade elevations indicating that the property has been
developed in conformity with the General Location and Lot
Grading Plan by a Professional Engineer registered with the
Association of Professional Engineers of Ontario 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 material
supplied for or on behalf of the Developer in connection with th
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
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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
FIVE MILLION DOLLARS
liability in an amount not less than
(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;
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.
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 annually.
5.10.6 Claim in Excess of Policy Limits - the issuance of such
of insurance shall not be construed as relieving the Developer
from responsibility for other or larger claims, if any, and for
which it may be held responsible.
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PART - 6
STAGING OR PHASING
6.1 STAGING OR PHASING
The Township, in its sole discretion, may instruct the Developer to
construct the services in particular stages or phases suitable t
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
the services the Township has approved. Before proceeding with
additional stage, the Developer shall obtain the written approva
Township and no service will be permitted to be installed and no
Building Permits issued until this approval has been received an
additional securities deposited. When fifty percent (50%) of the lots of
the subdivision or stages of the subdivision have been built upon and
all the services have not been completed and approved by the
Township Engineer, the Township reserves the right to refuse
commencement of the next stage until all services have been installed
and approved.
In no event will further subdivisions of the Developer or stages of
subdivisions of the Developer be approved if all services of the active
stage approved by the Township Engineer have not obtained
substantial completion (underground) within a two (2) year period after
registration of this Agreement.
Notwithstanding anything hereinafter set out, the Township shall not be
obligated to assume the responsibility for and take over the subdivision
services until at least fifty percent (50%) of the lots on the subdivision
or stage of the subdivision have completed dwellings erected therein
and Final Certificate of Occupancy have been issued. The Developer
shall be responsible for the maintenance and all repairs of the services,
in this case.
The subdivision is to be developed in the following Phases:
Phase 1 Lots 1 to 16 Plan 51M-
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PART - 7
CONSTRUCTION REQUIREMENTS
7.1 WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "C" to this
Agreement. This Schedule is to set out the works in general terms only
and shall not be construed as covering all items in detail.
The works are to be designed and constructed in accordance with the
current Engineering Standards adopted by By-Law by the Township at
the time of signing of the Subdivision Agreement. A copy of these
standards is available at the Municipal Office.
If at any time, and from time to time during the development of the
subdivision, the Township Engineer is of the opinion that additional
works are necessary to provide adequately any of the public services
required by the Plan, the Developer shall construct, install or perform
such additional works at the request of the Township Engineer.
7.2 CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause
to be constructed, all requisite works in order to provide services to the
lots and buildings blocks within the Phase.
7.3 HYDRO ONE
7.3.1 Any development in conjunction with the subdivision must not
block vehicular access to any Hydro facilities located on the
right-of-way.
7.3.2 The Developer shall make arrangements satisfactory to Hydro
One for the crossing of the Hydro right-of-way by the proposed
roads. A separate proposal shall be submitted to Hydro One
area office for these future road crossings.
7.3.3 The cost of any relocations or revisions to Hydro One facilities
which are necessary to accommodate this subdivision will be
borne by the developer.
7.3.4 The easement rights of Hydro One are to be protected and
maintained.
7.4 PRESERVATION AND PLANTING OF TREES
7.4.1 The Developer shall preserve all healthy trees within the limits of
the subdivision, where possible. If, in the opinion of the
Township Engineer, indiscriminate removal of trees takes place
within the limits of the Plan of Subdivision, including road
allowances 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 i
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.
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7.4.2 The Developer shall plant minimum two (2) hardwood trees (2.4
metre or taller) of a minimum of 50mm caliper on each lot having
less than three (3) trees in the front yard(s). The type of tree
must be satisfactory to the Township.
7.4.3 The developer shall carry out the recommendations of the
Shawn P. Watters & Associates Spray Analysis Report dated
November 12, 2004 requiring the planting of screening
evergreens (Eastern White Pine and White Spruce) along the
rear boundary of Lots 10-12 and Block 17 on Plan M-
7.5 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump, nor
permit to be dumped, any fill or debris on, nor shall he remove
permit to be removed, any fill, topsoil, trees or shrubs from an
or Municipal lands, without the written consent of the Township
Engineer.
7.6 BLASTING
Before any blasting is proceeded with by the Developer, the Developer
shall obtain from the Township Engineer or Township Public Works
Official, written permission for carrying out the blasting operation, and
shall obtain the blasting permit and show proof of insurance for all
damage or claims for damage resulting from the blasting operation.
The Developer, in any event, shall be responsible for any such c
7.7 ACCESS ROADS
All access roads must be maintained by the Developer in good repair
acceptable to the Township Engineer and Township Public Works
Official during the time of construction, including dust control and the
removal of any mud or debris tracked from the subdivision, and no
roadway outside the limits of the proposed subdivision may be closed
without the written consent of the Township Public Works Official. For
the purpose of getting such consent, the Developer shall advise
Township Public Works Official and the Township Clerk of the date and
time they wish to close a roadway. The Township reserves the ri
limit or prohibit the use of any existing access road by the Developer.
7.8 DAMAGE TO EXISTING PLANT
The Developer shall repair any damages caused to an existing road,
road allowance or existing structure or plant located on the road
allowance as a result of the subdivision development and shall pay for
any costs involved in the relocation of existing services, such
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 Officials
assessment of conditions prior to construction will be final.
7.9 DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance
(Aboveground Works) has been issued, the Developer shall apply
calcium or other Ministry of the Environment approved dust
suppressant to the roads within the subdivision and/or utilized by
construction traffic, in quantities sufficient to prevent any dust problem
to traffic or home occupants, to the satisfaction of the Township
Engineers.
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If the Developer has not taken remedial action within twenty-four (24)
hours of receiving a written notification (via facsimile) from the
Township's Engineer regarding a dust control problem, then the
Township's Engineer, at their sole discretion, shall employ outside
forces to implement, at the Developer's expense, a suitable measure of
dust control.
7.10 CONSTRUCTION REFUSE
All construction refuse, garbage and debris from the subdivision must
be disposed of in an orderly and sanitary fashion by the Develop
the site of the subdivision, at a licensed landfill site. The T
not responsible for the removal or disposal of refuse, garbage and
debris. Open air burning is not permitted by the Township. The
Developer agrees to deliver a copy of this clause to each and every
builder obtaining a Building Permit for any lot or part of a lot on the said
Plan of Subdivision.
7.11 INSPECTION OF CONSTRUCTION OF SERVICES
During construction of the services, the Township may inspect the work
in hand at such times and with such duration and frequency as the
nature of the type of construction may dictate. Subject to the
obligations of the Township Engineer to protect the interests of the
Township through such inspections, every effort will be made to
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 t
contractor and/or the Developer's Engineer, such notice to be
confirmed, in writing, as soon as possible, thereafter. A copy of this
clause shall be delivered by the Developer to each and every
contractor engaged in construction of services for the subdivision.
7.12 DECLARATION OF PROGRESS AND COMPLETION
7.12.1 Prior to the approval of the underground services, the Developer
shall provide the Township Engineer with an undertaking for the
completion dates of all remaining works required by this
Agreement and in a form similar to that attached to this
Agreement as Schedule "I", the Declaration of Progress and
Completion, for approval of the Township Engineer. The
Township reserves the right to alter the completion dates, if the
timelines are considered to be inappropriate, and the Developer
agrees to complete the services within the revised completion
dates.
7.12.2 It is understood and agreed that should the Developer fail to
construct the remaining services, as stipulated, and by such
dates as provided in the Declaration, the Developer shall pay to
the Township, as pre-determined liquidated damages, the sum
FIFTY DOLLARS($50.00)
of for each and every day the said
NO
services are behind schedule of construction, and
FURTHER BUILDING PERMITS SHALL BE ISSUED.
7.12.3 The Township recognizes that top-lift asphalt cannot be placed
until 50% of the lots have completed dwellings and that should
not be altered by the Township.
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7.13 PROGRESS OF WORKS
After the completion of the underground services, the Developer shall
complete the Declaration of Progress and Completion for the appr
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 t
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 agr
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.
7.14 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the storm sewer system, stormwater works and
waterworks including the Water Treatment Plant will be constructed,
inspected and approved prior to the completion of the other works,
including roads,boulevards, utilities and street lights.
Building Permits will not be issued until the Township Engineer
given the Certificate of Substantial Completion and Acceptance
(Municipal Underground Services). The two (2) year maintenance
period for the underground services will commence when this
Certificate is issued.
During the maintenance period, the Developer shall be responsible for
the normal operation and maintenance and all repairs for the services
noted in the Certificate.
If, during the two (2) year maintenance period, the Developer fails to
carry out rectification and repair work as requested by the Township,
then the Township may carry out the work and be reimbursed the cost
of the work from the Developer's securities, as set out under Clause
9.3.
Notwithstanding anything hereinafter set out, the Township shall not be
obligated to assume the responsibility for and take over the subdivision
services until at least fifty percent (50%) of the lots on the subdivision
or stage of the subdivision have completed dwellings erected therein
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and Final Certificate of Occupancy have been issued. The Developer
shall be responsible for the maintenance and all repairs of the services,
in this case.
7.15 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any
time, or from time to time for the purpose of making emergency repairs
to any of the works. Such entry and repairing shall not be deemed an
acceptance of the works by the Township or any assumption by the
Township of any liability in connection therewith, or a release of the
Developer from any of his obligations under this Agreement.
7.16 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
I. The works may be used prior to acceptance by the Township or
other authorized persons for the purpose for which such works are
designed.
II. Such use shall not be deemed an acceptance of the works by the
Township, and;
III. Such use shall not in any way relieve the Developer of his
obligations in respect of the construction and maintenance of the
works so used.
7.17 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the P
be graded to drain in accordance with the Lot Grading Plan LG-1
prepared by Pearson McCuaig Engineering Ltd., and approved by
the Township Engineer and the Township. Some fill and re-gradin
lots may be necessary during or after building construction. Th
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
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 own
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.
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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
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 an
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 urban cross section
including curb and gutter and storm sewers to provide a satisfactory
drainage outlet, and will be in accordance with the Storm Draina
Plan STM-1, Plan Profile Landscape Drive and Plan Profile St
Easement PP-2 by Pearson McCuaig Engineering Ltd. and approved
by the Township Engineer and the Township.
7.18 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage
works (including culverts, storm sewer andstorm drainage
works); the water works (including piping, values, hydrants,
services to lots, sample station, PVRs and Water Treatment
Plants); and 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 Accept
(Municipal Underground Services)" shall mean a Certificate issued
by the Township upon the recommendation of the Township
Engineer confirming that the Municipal Underground Services to
be installed by the Developer under the provisions of this
Subdivision Agreement, as more particularly identified in Schedule
"C", have been substantially completed in accordance with plans
and specifications reviewed and accepted by the Township
Engineer. The issuance of a Certificate of Substantial Completion
and Acceptance (Municipal Underground Services) shall not
constitute an assumption of the Municipal Underground Services
by the Township.
(iii) The term "Certificate of Maintenance and Final Acceptance
(Municipal Underground Services)" shall mean a Certificate issued
by the Township upon the recommendation of the Township
Engineer confirming that the Municipal Underground Services
constructed by the Developer, in accordance with the terms of this
Subdivision Agreement, and as more particularly identified in
Schedule "C", have been satisfactorily completed and maintained
by the Developer during the two-year (2) maintenance period, and
issuance of the said Certificate shall constitute final acceptance
and assumption of the Municipal Underground Services by the
Township.
(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 UndergroundServices.
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(v) The term "Certificate of Substantial Completion and Accepta
(Aboveground Services)" shall mean a Certificate issued by the
Township upon the recommendation of the Township Engineer
confirming that the Aboveground Services to be installed by the
Developer under the provisions of this Subdivision Agreement, as
more particularly identified in Schedule "C", have been
substantially completed, in accordance with plans and
specifications reviewed and accepted by the Township Engineer.
The issuance of a Certificate of Substantial Completion and
Acceptance (Aboveground Services) shall constitute an
assumption of the Aboveground Services by the Township for
winter maintenance only.
(vi) The term "Certificate of Maintenance and Final Acceptance
(Aboveground Services)" shall mean a Certificate issued by the
Township upon the recommendation of the Township Engineer
confirming that the Aboveground Services constructed by the
Developer in accordance with the terms of this Subdivision
Agreement, and as more particularly identified in Schedule "C",
have been satisfactorily completed and maintained by the
Developer during the two-year (2) maintenance period, and
issuance of the said Certificate shall constitute final acceptance
and assumption of the Aboveground Services by the Township.
(vii) The term "Certificate of Substantial Completion and Accept
means a Certificate of Substantial Completion and Acceptance
(Municipal Underground Services) or a Certificate of Substantial
Completion and Acceptance (Aboveground Services), as the
provisions of this Subdivision Agreement require.
(viii) The term "Certificate of Maintenance and Final Acceptance"
means a Certificate of Maintenance and Final Acceptance
(Municipal Underground Services) or a Certificate of Maintenance
and Final Acceptance (Aboveground Services), as the provisions
of this Subdivision Agreement require.
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PART - 8
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE
The Developer further agrees that he or any person, persons, or
Corporation claiming title through the Developer, will not apply
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 Certificate of
Substantial Completion and Acceptance (underground service) has
been issued.
The Developer's Engineer shall prepare an overall Lot Development
Plan for approval by the Township, Township Engineer and the
Nottawasaga Valley Conservation Authority as a further requirement to
Clause 7.17. The Plan shall include the following:
a) envelopes for the proposed house and any adjacent structures on
each lot.
b) existing and proposed grades of the disturbed area of lot after
building, drainage and sewage works have been completed.
c) existing and proposed grades on lot corners and mid-lot elevation.
d) location and type of proposed water supply and sanitary sewer
connection.
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, for approval by the
Township Engineer 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 sanitary service
to the dwelling, all engineering design criteria and
standards pertaining thereto, shall be provided.
c) the location and type of water supply, including the
water service line to the dwelling.
d) the existing and proposed grades of the disturbed
area on the lot after building, drainage and sewage
works have been completed.
e) the location and grades of any proposed drainage
swales.
f) the Professional Engineer will be required to check
the elevations of the footings of the buildings prior to
further construction to ensure conformity with the
approved Plans noted above.
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g) the Professional Engineer will be required, prior to the
issuance of a Final Inspection Report, to certify to the
Township, in writing, that the foregoing works have
been carried out in accordance with the approved
Plans noted above.
8.1.2 The Developer further agrees to construct all works required
under Clause 7.17, as shown on the approved Lot Grading Plan
LG-1, Storm Drainage Plan STM-1, Sanitary Drainage Plan
SAN-1, Plan Profile PP- 1 and PP-2, Erosion Control Plan EP-
1, General Servicing Plan GS-1, Notes and Details ND-1 and
ND-2, all prepared by Pearson McCuaig Engineering Ltd., to
the satisfaction of the Township and the Township Engineer.
8.2 REQUIREMENTS FOR BUILDING PERMITS
The approval of the Plan by the Township, or the acceptance by the
Township of the works, shall not be deemed to give any assurance that
the Building Permits, when applied for, will be issued in respec
lots or blocks shown on the Plan.
Notwithstanding the foregoing, no Building Permits will be given and
the Chief Building Official may refuse any application until:
(i) Sewage system approvals have been obtained and submitted to
the Township. The Township of Oro-Medonte sewage approval
authority requirements are set out in Clauses 7.17 and 8.1.
(ii) The Storm Water Management System and Waterworks have
been installed, tested and approved by the Township Engineer
and he has issued his Certificate of Substantial Completion and
Acceptance (Municipal Underground Services).
(iii) Plans for remaining underground services such as Bell
Telephone, Electricity or Natural Gas have been approved.
(iv) A "Builders" road consisting of the grading, curb and gutter or
ditch shaping and full depth of Granular "B" sub-base, has been
constructed on the road providing access to the lot.
(v) Approval of the Township Engineer has been obtained for the
construction of any buildings to be erected on lots or blocks
listed in Schedule "E" hereto.
(vi) Signs denoting "Unassumed Roads" have been installed at the
entrances to the subdivision in a location acceptable to the
Township, in accordance with Clause 4.1.8.
(vii) A Certificate Letter and Lot Development Plan has been given
by the Developer's Consulting Engineer or a Professional
Engineer registered with the Association of Professional
Engineers of Ontario, that the building to be erected on any lot
or block within the Plan, for which a Building Permit has been
applied for, is in conformity with the General Location and Lot
Grading Plans, or has received the approval of the Township
Engineer with respect to any variance to the Grading Plan.
The individual Lot Development Plan must be approved by the
Township Engineer prior to the issuance of a Building Permit. A
copy of the receipt payment to the Township must be provided
to the Township Engineer prior to their review of the Lot
Development Plan.
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(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.
(xi) Any Development Charges have been paid, in full, in
accordance with the applicable Development Charge By-Laws,
enacted pursuant to the Development Charges Act, 1997, as
well as By-Laws enacted pursuant to Section 257.53 of the
Education Act, or alternate arrangement satisfactory to the body
enacting the Development Charge By-Law, have been made
and the same has been communicated to the Chief Building
Official for the Township of Oro-Medonte, in writing, by such a
body.
8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING
SPECIAL ATTENTION
Any lot, which will require special attention in order to be serviced, will
be listed on Schedule "E" of this Agreement. Prior to the issuance of a
Building Permit for any lot listed in Schedule "E", the Developer's
Engineer must submit a letter to the Township Engineer outlining the
measures to be taken to correct the problems on the lot. This proposal
must be approved prior to applying for a Building Permit.
8.4 MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address
system numbers for each and every lot from the Municipal Office. As a
further requirement, in order to obtain a Provisional Certificate of
Occupancy, the Developer and/or builder or lot owner, shall install the
aforementioned number at a location approved by the Township. The
Developer agrees to provide a copy of this clause to each and ev
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
PROVISIONAL CERTIFICATE OF
be occupied until a
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.
A FINAL CERTIFICATE OF OCCUPANCY
8.5.2 will not be issued
until:
(i) The roadway has received the granular roadbase materials
full depth and the base course of asphalt, provided
asphalt is commercially available.
(ii) The underground electrical, telephone lines, gas mains
and street lights have been installed and approved by the
Township Engineer.
(iii) A Certificate Letter and individual Lot Development Plan
have been given by the Developer's Consulting Engineer,
or a Professional Engineer registered with the
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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 there from 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
FINAL CERTIFICATE OF OCCUPANCY
issuance of a .
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
Townships Engineering Standard.
(v) The trees have been planted on the lot by the Developer
in accordance with Clause 7.4. Trees shall be planted
prior to assumption.
(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
ONE HUNDRED DOLLARS ($100.00)
damages in the amount of , per
dwelling, per day, to cover the additional costs of administration,
inspection and fire protection, etc. The liquidated damages to
commence at and include the date of occupancy and end when the
Developer obtains a certificate from the Township Engineer that the
vital services are satisfactorily installed. If the Developer fails to pay to
the Township, monies owing under this clause within thirty (30) days of
the date of the bill, the money may be deducted from the cash deposit
or Letter of Credit or other deposited security.
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PART - 9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the
underground services, the Township Engineer will again inspect the
work and if satisfied, will recommend to the Township that the
Certificate of Maintenance and Final Acceptance (Municipal
Underground Services) be issued. It should be noted that the
Certificate of Maintenance and Final Acceptance (Municipal
Underground Services) can be applied for by the Developer two (2)
years after the receipt of the Certificate of Substantial Completion and
Acceptance (Municipal Underground Services).
Notwithstanding anything hereinafter set out, the Township shall not be
obligated to assume the responsibility for and take over the subdivision
services until at least fifty percent (50%) of the lots on the subdivision
or stage of the subdivision have completed dwellings erected therein
and Final Certificate of Occupancy have been issued. The Developer
shall be responsible for the maintenance and all repairs of the services,
in this case.
The Developer will be responsible for these operation costs until the
Township has assumed the responsibility of these services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
When all of the services have been completed, including the sur
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 maintenanc
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. Th
maintenance shall include the maintaining and mowing of grass within
the road allowances, as well as the parkland area on a regular basis.
Areas which are to remain Naturalized condition will not be mowed. 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
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(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.
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 Final Certificate of Occupancy have been issued. The Developer
shall be responsible for the maintenance and all repairs of the services,
in this case.
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 respon
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 operation
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 b
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
thirty (30) days of the date of billing or otherwise may be deducted from
the cash deposit or Letter of Credit.
The cost of such works to be at the following rates:
Machinery and Equipment $50.00/hr.
Labour $23.00/hr.
3
Mixed Sand and Salt $12.00/m
Payroll Burden - 40%
Administration - 7%
H.S.T. - 13%
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
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
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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.
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 abovegroundservices, 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 there from 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
Clause 7.17 of
from the said lands in accordance with the provisions of
this Subdivision Agreement. The Developer agrees to provide a
copy of this Clause 9.8 and Clause 7.17 to each and every
prospective
builder/prospective purchaser of a lot or block within the
Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within
the Plan of Subdivision upon which the Township elects to enter for the
purpose of rectifying the said work, hereby agrees to indemnify and
release the Township from and against all claims, demands, actions or
causes of action whatsoever arising as a result of the Township or of its
servants or agents entering upon the lands for the purpose of correcting
drainage problems.The cost of such work will be for the account of the
Developer and/or subsequent lot owner. Any invoices not paid within
thirty (30) days after due date, shall be added to the tax roll and collected
in a like manner as realty taxes as per Section 446 of the Munic
2001.
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PART 10 - DEFAULT PROVISIONS
10.1 DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision
Agreement, and in addition to any other remedies, when the Developer is
deemed by the Township to be in default of this Agreement, the
Township reserves the right to realize upon any securities deposited on
or on behalf of the Developer to recover costs incurred by the Township,
in accordance with the provisions of Section 5.6 of this Subdivision
Agreement, and/or to restrict or refuse issuance of Building and/or
Occupancy Permits, and the Developer agrees not to apply for any
Building Permits or Occupancy Permits for lots or blocks within the Plan
of Subdivision, until such time as the Developer is in full compliance with
the provisions of this Subdivision Agreement.
10.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and enure to the benefit of the
parties hereto and their respective heirs, executors, administrators and
assigns.
10.3 SUBSTITUTION FOR APPROVALS
Wherein this Agreement reference is made to any named Ministry of the
Province, Township of Oro-Medonte or other public body, such reference
where the same requires their approval, is deemed to be a reference to
any other Ministry or body as may be substituted by legislative change or
policy of the Provincial Government or of the Township.
10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses
incurred by the Township in satisfying the obligations of the Developer in
the event of default of the Developer under the terms of this Subdivision
Agreement, together with any costs, charges or expenses incurred by the
Township in enforcing the obligations of the Developer under this
Agreement, shall be a first charge or lien against the said lands in
accordance with the provisions of Section 446 of the Municipal Act, 2001.
IN WITNESS WHEREOF
the parties hereto have executed this Agreement
and have hereunto caused to be affixed the corporate seals, duly attested to
by the proper signing officers.
SIGNED, SEALED AND DELIVERED this day of
_____, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
H..S. Hughes
Title Mayor
Per
J. Douglas Irwin
Title Clerk
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HORSESHOE VALLEY LANDS LIMITED
Per
John Boville
Title
Per
Title
ROMSPEN INVESTMENT CORPORATION
Per
Bonnie Bowerman
Title Vice President
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15c) Being a By
SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of th
TOWNSHIP OF ORO-MEDONTE AND
Subdivision Agreement between the
HORSESHOE VALLEY LANDS LIMITED
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 4, Geographic Township of Oro, Township of Oro-
Medonte, County of Simcoe, S/T Easement over Part 1, Plan 51R-32020 as
set out in LT522875 over the whole of Blocks 17 and 18 and Part
Landscape Drive; S/T Easement over Part 2, Plan 51R-31902 as set out in
SC108651 over Part Lot 9, Part Blocks 21 and 22 and Part of Landscape
Drive
Being Part of PIN # 74055-0123 (LT)
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SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of th
TOWNSHIP OF ORO-
Subdivision Agreement between the
MEDONTE AND HORSESHOE VALLEY LANDS LIMITED
Phase 1 16 Lots
PLAN OF SUBDIVISION
51-M
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15c) Being a By
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of th
TOWNSHIP OF ORO-
Subdivision Agreement between the
MEDONTE AND HORSESHOE VALLEY LANDS LIMITED
WORKS TO BE CONSTRUCTED
Construction of storm sewers and appurtenances, watermains and
appurtenances, including service connections, all road works, including
roadside ditches in accordance with the approved Engineering Drawings to
service the Landscapes Drive Phase 2 A Horseshoe valley Lands su
in the Township of Oro-Medonte.
LIST OF DRAWINGS (Stamped by AECOM Township Engineers -
Accepted for Construction Date August 30, 2011)
PEARSON McCUAIG ENGINEERING LTD.
TITLE PAGE
M-PLAN
51M-
Notes and Details
Notes and Details ND-1
Notes and Details ND-2
General Servicing Plans
General Servicing Plan GS-1
Erosion Control Plan
Erosion Control Plan EP-1
Storm Drainage Plan
Storm Drainage Plan STM-1
Sanitary Drainage Plan
Sanitary Drainage Plan SAN-1
Plan Profile
Plan Profile Landscape Dr. PP-1
Plan Profile Storm Easement PP-2
Lot Grading Plan
Lot Grading Plan LG-1
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SCHEDULE ""D"
NNOTE:
It is understoood and aagreed thhat this Scheduleforms paart of the
TOWNSHIP OF OORO-MEEDONTE
Subdivisionn Agreemment betwween the
AND HOORSESHOE VALLEY LANNDS LIMMITED
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15c) Being a By
SCHEDULE "E"
NOTE:
It is understood and agreed that this Schedule forms part of th
TOWNSHIP OF ORO-
Subdivision Agreement between the
MEDONTE AND HORSESHOE VALLEY LANDS LIMITED
LIST OF LOTS REQUIRING SPECIAL ATTENTION
Refer to Section 8.3 which outlines specific requirements for all lots on the
Plan in order to obtain Building permits for each and every lot.
Section 7.4.3 relates to the Spray Analysis Report prepared by Shawn P.
Watters & Associates dated November 12, 2004 for the rear lot boundaries of
Lots 10 to 12 and Block 17.
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SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule forms part of th
TOWNSHIP OF ORO-
Subdivision Agreement between the
MEDONTE AND HORSESHOE VALLEY LANDS LIMITED
DEVELOPMENT CHARGES
The Developer acknowledges and agrees that the following development
charges are payable on a per-lot basis prior to the issuance of a Building
Permit for each lot, unless alternative arrangements with the body enacting
the By-Law relating to development charges or education development
charges, which arrangements have been brought to the attention of the Chief
Building Official, all charges are payable by cash or certified cheque in
Canadian funds to the Chief Building Official of the Township:
(i) Development charges in accordance with the Township of Oro-
Medontes By-Law at the rate applicable, upon the issuance of th
Building Permit for each lot upon which charges are payable.
(ii) Educational development charges in accordance with 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 the Simcoe
County District School Board at the rate that applies upon the i
of the first Building Permit with respect to each lot upon which
educational development charges are payable.
Please also be advised that specific rates applicable to each lo
Subdivision can be obtained by contacting, for the Township of Oro-Medonte,
the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the
Associate Director of Education; for the Simcoe County District School Board,
the Superintendent of Facility Services; and in the case of the County of
Simcoe, the County Clerk.
Also, please be advised that the above-referenced By-Laws enacte
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 Simcoes
By-law at the rate applicable, upon the issuance of the first building permit for
each lot upon which charges are payable.
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SCHEDULE "G"
NOTE:
It is understood and agreed that this Schedule forms part of th
TOWNSHIP OF ORO-
Subdivision Agreement between the
MEDONTE AND HORSESHOE VALLEY LANDS LIMITED
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.
TWO DOLLARS
The consideration for all conveyances shall be the sum of
($2.00)
and the cost of preparation, execution and registration thereof
be borne by the Developer.
All documents to be registered shall be prior approved by the solicitor for the
Township.
The following land and easements shall be conveyed:
1. Blocks 20, 21, 22, Plan 51M-____________, deeded to the Towns
of Oro-Medonte, as 0.3m reserves.
2. Blocks 17 and 18, Plan 51M- ____________, 6.0 metre easements to
be dedicated to the Township of Oro-Medonte, for STM and watermain
maintenance purposes.
3. Block 19, Plan 51M- ____________, deeded to the Township of Oro-
Medonte, Temporary Turning Circle.
4. 6.0 metre easements, dedicated to the Township of Oro-Medonte, to
accommodate watermain and storm ditch construction.
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SCHEDULE "H"
NOTE:
It is understood and agreed that this Schedule forms part of th
TOWNSHIP OF ORO-
Subdivision Agreement between the
MEDONTE AND HORSESHOE VALLEY LANDS LIMITED
PARKLAND AND RECREATION BLOCK
Parkland
Cash in lieu in the amount of $ 7000 or alternative land dedication to
Township of Oro-Medonte
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SCHEDULE "I"
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVELOPER
CONSULTING ENGINEER
CORPORATION OF THE
As required by the Agreement between the
TOWNSHIP OF ORO-MEDONTE AND HORSESHOE VALLEY HOMES
LTD.
The Developer(s) dated
1. 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 completio
services as approved by the Township Engineer and more specifica
in accordance with the following schedule and conditions:
a) Before any building erected on the lots or blocks in the Pla
occupied all the Requirements for Occupancy, as set out in
Clause 8.5, shall be complied with.
b) Granular "B" and Granular "A" on or before
c) Grading, topsoiling and seeding of private blocks and parks on
or before
d) Boulevard sodding on all roads on or before
e) Hot asphalt on or before
f) Planting of trees on or before
2. The Developer further agrees that the Township is hereby authorized
to carry out, at his expense, any of the work set out in this Declaration
not finished on or before the completion dates, to be commenced not
sooner than one week following such completion date, it being
understood and agreed that the Township's authorization is limited only
to that work required under the Declaration;
3. The Developer undertakes to properly maintain the gravel road base at
all times and to keep all roads in a mud-free and dust-free cond
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until such times as the roads, including boulevards, have been
completed;
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
FIFTY DOLLARS ($50.00)
damages, the sum of 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.
HORSESHOE VALLEY
LANDS LIMITED
Seal or Witness Date
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SCHEDULE "J"
NOTE:
It is understood and agreed that this Schedule forms part of th
TOWNSHIP OF ORO-
Subdivision Agreement between the
MEDONTE AND HORSESHOE VALLEY LANDS LIMITED
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the
Township,
then:
a) six copies to be delivered to the solicitor for the Township.
b) six copies to be delivered to the Township.
c) Mylars for each Plan incorporated into the Subdivision Agreement shall be
delivered to the solicitor for the Township.
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SCHEDULE K
SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
STANDBY LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE: _________________
NAME OF BANK: _____________________________________
ADDRESS OF BANK:
___________________________________________________
LETTER OF CREDIT NO.: __________________ AMOUNT:
$__________________
Except as otherwise expressly stated, this Letter of Credit is i
Uniform Customs and Practices for Documentary Credits (1993 Revi
Publication No. UCP 500.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
TO:
P.O. Box 100, Oro Ontario, L0L 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, __________________
Bank of
_________________ , ________________, Ontario, ______________ ,
establish and give to you an Irrevocable Letter of Credit in you
amount, which may be drawn on by you at any time and from time t
written demand for payment made upon us by you which demand we shall honour
without enquiring whether you have the right as between yourself
customer to make such demand and without recognizing any claim o
customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signi
Corporation of the Township of Oro-Medonte. The original Letter
presented to us at : Bank of ________________ , ______________ ,
_________. The Letter of Credit, we understand, relates to a Su
between our said customer and the Corporation of the Township of
with Mortgage Company, as a third party, regarding subdivision o
_____________________
_______________________________________.
(property description)
The amount of this Letter of Credit may be reduced from time to
notice in writing, given to us by an authorized signing officer
Township of Oro-Medonte.
Partial drawings shall be permitted. We hereby agree that parti
Letter of Credit will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one
subject to the condition hereinafter set forth. It is a conditi
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 not
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registered mail that we elect not to consider this Letter of Cre
any additional period.
Dated at , Ontario, this
20 .
_____________________________ _________________________________
Authorized Signature
Bank of ________________________
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15d) A By
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2011-170
A By-law to authorize the execution of a
Tax Arrears Extension Agreement
WHEREAS
The Corporation of the Township of Oro-Medonte has registered on the
15th day of July, 2011 a tax arrears certificate against the land described in Schedule
A attached hereto and forming part of this By-Law.
AND WHEREAS
Section 378 of the Municipal Act, 2001, S.O., 2001, C.25 as amended
provides that a municipality may by By-law authorize an agreement with the owner of
such land to extend the period of time, which the cancellation price payable on the land
is to be paid.
NOW THEREFORE
the Council of the Township of Oro-Medonte hereby enacts as
follows:
THAT
1. an agreement be entered into by the Corporation with the owners of the land
described in Schedule A to extend the time period in which the cancellation price
th
payable on this land is to be paid beyond July 15, 2011.
THAT
2. the agreement be substantially the same form and contain the same terms
and conditions as set out in Schedule B attached hereto and forming part of this
by-law.
THAT
3. the Mayor and Clerk be authorized to enter into the agreement on behalf of
the Corporation.
AND THAT
4. this by-law shall take effect on the final passing thereof.
ND
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2 DAY
OF NOVEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 160 of 165
15d) A By
Schedule A
to By-law No. 2011-170 for
The Corporation of the Township of Oro-Medonte
Description of the land:
Roll # 43 46 010 001 02000 CON 1 S PT LOT 16
Page 161 of 165
15d) A By
Schedule B
to By-law No. 2011-170 for
The Corporation of the Township of Oro-Medonte
nd
THIS AGREEMENT
made in triplicate the 2 day of November, 2011.
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the Corporation
and
Hereinafter called the Owner
WHEREAS
the owner is the owner of the land in the Township of Oro-Medonte
described in Schedule A attached hereto and forming part of this agreement.
AND WHEREAS
the said land is in arrears of taxes on the 26th day of October, 2011 in
the amount of $9,746.29 and a tax arrears certificate was registered in the Registry
Office on the 15th day of July, 2011 in respect of the said land
AND WHEREAS
pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25
as amended a municipality may by By-law, authorize an extension agreement be
entered into by the Corporation with the landowner to extend the period of time in which
the cancellation price in respect to the said land is to be paid
NOW THEREFORE THIS AGREEMENT WITNESSETH
that in consideration of the
premises and of the covenants and obligations hereinafter contained, it is hereby
agreed as follows:
1. The Owner agrees to pay to the Corporation the sum of $700.00 (seven hundred)
dollars monthly, commencing on the 15th day of November, 2011 to and including
the 15th day of September, 2014.
2. In addition to paying the amounts provided for in Clause 1, the Owner agrees to pay
all taxes levied on the land as they become due during the tenor of this Agreement.
3. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001,
S.O. 2001, C.25, as amended, shall continue to apply to the collection and
enforcement of all tax arrears and all taxes except that the Treasurer and the
collector of taxes of the Corporation, without waiving the statutory rights and powers
of the municipality or of the Treasurer, shall not enforce collections of such tax
payments, except as set out in Clauses 1 and 2, during the time the Agreement is in
force so long as the Owner is not in default hereunder.
4. In the event the Owner defaults in any payments required by this Agreement, this
Agreement upon notice being given to the Owner by the Corporation, shall be
terminated and the Owner shall be placed in the position he or she was before this
Agreement was entered into. In the event of a default, this Agreement shall cease to
be considered a subsisting agreement on the day that the notice of termination is
sent to the Owner.
5. Immediately upon the Owner making all the payments required under paragraphs 1
and 2, this Agreement shall be terminated and, the Treasurer shall forthwith register
a tax arrears cancellation certificate in respect of the said la
6. Notwithstanding the provisions of paragraphs 1 and 2, the Owner and any other
person may at any time pay the balance of the cancellation price and upon receipt of
the aforesaid payment by the Corporation, this Agreement shall terminate and the
Treasurer shall forthwith register a tax arrears cancellation certificate.
Page 162 of 165
15d) A By
Page 2
Schedule B
By-Law No. 2011-170
7. This Agreement shall extend to and be binding upon and ensure to the benefit of the
Parties and to their respective heirs, successors and assigns.
8. If any paragraph or part of paragraphs in this Agreement be illegal or unenforceable,
it or they shall be considered separate and severable from the Agreement and the
remaining provisions of the Agreement shall remain in force and effect and shall be
binding upon the Parties hereto as though the said paragraph or paragraphs or part
or parts of paragraphs had never been included.
9. Any notice required to be given to the Owners hereunder shall be sufficiently given if
sent by registered post to the Owners at the following address:
2320 Ski Trails Road
RR 1 Stn Main
Barrie, ON
L4M 4Y8
In WITNESS WHEREOF
the Owner has hereunto set his hand and seal and the
Corporation has caused its Corporate Seal to be hereunto affixed, attested by its proper
Officers.
SIGNED, SEALED AND DELIVERED IN THE PRESENCES OF
________________________________ _________________________________
Witness Mayor, H.S. Hughes
________________________________ _________________________________
Witness Clerk, J. Douglas Irwin
_________________________________________________________________
Witness Shannon Stewart
Page 163 of 165
15e) A By
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2011-171
A By-law to Provide for the Giving of Names to Highways within the
Township of Oro-Medonte, County of Simcoe
(Draft Plan of Subdivision - Redline Revision P100-10
[Horseshoe Valley Lands Ltd. (Ridgewood)])
Part of Lot 3, Concession 4 (geographic Township of Oro)
S/T Easement over Part 1, Plan 51R-32020 as set out in LT522875 over the whole
of Blocks 17 and 18 and Part of Landscape Drive; S/T Easement over Part 2, Plan
51R-31902 as set out in SC108651 over Part Lot 9, Part Blocks 21 and 22 and Part
of Landscape Drive
Being Part of PIN # 74055-0123 (LT)
WHEREAS
Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes a municipality to pass by-laws with respect to highways;
AND WHEREAS
Section 61(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the municipality may enter upon land lying along a highway to
install and maintain a sign setting out the name of a highway.
NOW THEREFORE
the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the highway located within Draft Plan of Subdivision Redline Revision
P100-10, Part of Lots 3 and 4, Concession 4 (geographic Township of Oro), S/T
Easement over Part 1, Plan 51R-32020 as set out in LT522875 over the whole of
Blocks 17 and 18 and Part of Landscape Drive; S/T Easement over Part 2, Plan
51R-31902 as set out in SC108651 over Part Lot 9, Part Blocks 21 and 22 and
Part of Landscape Drive, being Part of PIN 74055-0123 (LT), shall, on the day
this by-law takes effect, be named as Ridgewood Court.
2. That the name for the public highway Ridgewood Court shall be affixed at every
affected intersection thereof on public property. Where it is not practical to affix
the name on public property, it shall be affixed on private property.
3. This by-law shall take effect on the final passing thereof.
ND
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2 DAY
OF NOVEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
Page 164 of 165
18a) Being a ByLaw to Confirm the Proceedings of the Coun...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2011-165
Being a By-Law to Confirm the Proceedings of the Council Meeting
Wednesday, November 2, 2011
WHEREAS
Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended
provides that the powers of the Municipal Council shall be exercised by By-Law,
unless the municipality is specifically authorized to do otherwise;
AND WHEREAS
The Council of The Corporation of the Township of Oro-Medonte
deems it expedient that the proceedings at this Council Meeting be confirmed and
adopted by By-Law;
NOW THEREFORE
the Council of The Corporation of the Township of Oro-
Medonte hereby enacts as follows:
1. That the actions of the Council at its Council Meeting held on Wednesday,
November 2, 2011, and in respect to each Motion, Resolution and
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.
3. That the Mayor and Clerk are hereby authorized and directed to execute and
affix the corporate seal to all necessary documents.
4. And That this by-law shall come into force and take effect on the final passing
thereof.
ND
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 2
DAY OF NOVEMBER, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
__________________________
Mayor, H.S. Hughes
__________________________
Clerk, J. Douglas Irwin
Page 165 of 165