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02 22 2012 Council AgendaTHE TOWNSHIP OF OROMEDONTE COUNCIL MEETING AGENDA COUNCIL CHAMBERS Wednesday, February 22, 2012  6:00 p.m. Closed Session 4:00 p.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. Client Privilege (Legal Opinion – Service Corporation). d) e)Doug Irwin, Director of Corporate Services/Clerk, re: Acquisitio Donna Hewitt, Director of Corporate and Strategic Initiatives & Director of Recreation and Community Services, re: Acquisition/d g) [Addenda] 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6.MINUTES OF COUNCIL AND COMMITTEES: 8-26 a) 27-33 b) 16, 2012. 7.RECOGNITION OF ACHIEVEMENTS: Page 1 of 270 - Page 7.RECOGNITION OF ACHIEVEMENTS: a)Medonte Firefighters Association, Oro District Lions Club, Moons Park and Recreation Association and the Hawkestone Women’ Cheque Presentation for Funds Raised for the Fire & Emergency Se 8.PUBLIC MEETINGS: 34-35 a)Law, Application 2011ZBA 21, Concession 14, East Part of Lot 6, municipally known as 1922 Sideroad (Rix). 36-37 b) Applications 2011OPA02 and 2011ZBA09, East Part of Lot 10, 9.DEPUTATIONS: 38-48 a)Brad Obee, Simcoe County Off Road Riders Association, re: Reques 10.REPORTS OF MUNICIPAL OFFICERS: 49-55 a) CAO, re: Revised 2012 Waste Management Budget. 56-59 b) CAO, re: 2012 Budget.   60-64 65-69 d)Robin Dunn, Chief Administrative Officer re: 2012 Operating, Cap 70-74 e)Report No. DS2012007, Andria Leigh, Director of Development Services re: Site Plan Agreement (Maria and Joe Scali), 2010SPA13, Lot 10, Plan 51M 881, 19 Warbler Way, Being all of PIN 58568 75-81 Report No. DS2012009, Andria Leigh, Director of Development Services, re: – Part of Lot 21, Concession 6, Township of Oro 82-92 g)Report No. DS2012010, Andria Leigh, Director of Development Services re: Site Plan Agreements (Democrat Maplewood Limited), 2011SPA25, Lot 12, Plan 51M957, Being all of PIN 585330236 LT; 2011SPA30, Lot 13, Plan 51M957, Being all of PIN 585330237 LT; 2011SPA31, Lot 120, Plan 51M 957, Being all of PIN 585330344 LT; 2011SPA32, Lot 121, Plan 51M957, Being all of PIN 585330345; 2012SPA01, Lot 124, Plan 51M957, Being all of PIN 585330348 LT; 2012SPA02, Lot 125, Plan 51M Page 2 of 270 - Page 10.REPORTS OF MUNICIPAL OFFICERS: 58533 93-99 Report No. DS2012011, Andria Leigh, Director of Development Services, re: Site Plan Agreement 2011SPA27 (Mobile Car Crushers Inc.), 445 Line 4 South, Part of Lot 23, Concession 5, Being all of PIN 585500007 LT, (Former 100-103 i)Report No. CS201206, Doug Irwin, Director of Corporate Services/Clerk, law No. 2010075 to permit Changeable Message 104-106 Report No. RC2012 RC201201. 107 Memorandum dated February 16, 2012 from Jerry Ball, Director of Upgrade. 11.REPORTS OF MEMBERS OF COUNCIL: 108 a) 109 b) 12.CONSENT AGENDA: 110-111 a) Nominations, Deadline March 2, 2012.   Pancake Supper at Shaw's Pancake House, Line 14 South, February 28, 2012, 4:307:30 p.m. 112 b)Correspondence dated January 3, 2012 from Joyce Mayne, SimcoeMuskoka Unit, Canadian Cancer Society, re: Request to Proclaim April Daf Staff Recommendation: Receive, Proclaim and Post on Website. 113-114 Correspondence dated February 1, 2012 from Premier Dalton McGuin Raw Food Per Diem Rate Long Term Care Facilities. 115-117 d)Correspondence dated February 3, 2012 from Premier Dalton McGuin Resolution of Rising Cost of Policing. 118-119 e)Correspondence dated February 9, 2012 from Premier Dalton McGuin Lake Simcoe Protection Act. Page 3 of 270 - Page 13.COMMUNICATIONS: 120-121 a)2012 Association of Municipalities of Ontario Annual Conference 122-124 b)Correspondence dated February 7, 2012 from the 91 Board, re: 911 Advisory Board Seeks Your Assistance. 125 Correspondence dated February 3, 2012 from Lisa Pearson, Supervi Council Secretariat, re: Appointment to Lake Simcoe Regional Air of Directors. 126 d)Correspondence dated February 21, 2012 from Martin Kimble, Vice Fireworks ByLaw March 3 & 10, 2012. [Addenda] 14.NOTICE OF MOTIONS: 15.BY-LAWS: 127-139 a)Law No. 2012015A By Medonte and Maria Elizabeth Scali and Joe Nicodemo Scali described as lands 881, as in 58568 0060 LT, ROLL # 434603001242766, 140-141 b)Law No. 2012016A By described as follows: Lot 10, Plan 51M881, # 434603001242766. 142-153 Law No. 2012018A By Medonte and Mobile Car Lot 23, Concession 5, as in RO1366090, Being all of PIN 58550 4346010008 154-155 d)Law No. 2012019A By described as follows: Concession 6, North Part of 010008 32900. Page 4 of 270 - Page 15.BY-LAWS: 156 e)Law No. 2012020A By within Lot 6, Concession 4 (geographic Township Simcoe And To Establish and Assume a Public situate within Lot 6, Concession 4 (geographic 157-158 Law No. 2012022A By County of Simcoe (File: 43T90082 [2063334 Concession 13 (Medonte). 159-170 g)Law No. 2012023A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 12, Plan 51M957, as in 585330236 LT, ROLL # 4346010003 171-172 Law No. 2012024A By described as follows: Lot 12, Plan 51M957, # 434601000326512. 173-184 i)Law No. 2012025A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 13, Plan 51M957, as in 585330237 LT, ROLL # 4346010003 185-186 Law No. 2012026A By described as follows: Lot 13, Plan 51M957, # 434601000326513. 187-198 Law No. 2012027A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 120, Plan 51M957, as in 585330344 LT, ROLL # 4346010003 Page 5 of 270 - Page 15.BY-LAWS: 199-200 Law No. 2012028A By described as follows: Lot 120, Plan 51M957, # 434601000326620. 201-212 Law No. 2012029A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 121, Plan 51M957, as in 585330345 LT, ROLL # 4346010003 213-214 Law No. 2012030A By described as follows: Lot 121, Plan 51M957, # 434601000326621. 215-226 o)Law No. 2012031A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 124, Plan 51M957, as in 585330348 LT, ROLL # 4346010003 227-228 p)Law No. 2012032A By described as follows: Lot 124, Plan 51M957, # 434601000326624. 229-240 q)Law No. 2012033A By Medonte and Democrat Maplewood Limited described as lands as follows: Lot 125, Plan 51M957, as in 585330349 LT, ROLL # 4346010003 241-242 Law No. 2012034A By described as follows: Lot 125, Plan 51M957, # 434601000326625. 243-267 Law No. 2012035A By Page 6 of 270 - Page 15.BY-LAWS: Medonte (Agreement #10123). 268-269 Law No. 2012036A Bylaw No. 201075, Being a Devices (Sign By 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): 18.CONFIRMATION BY-LAW: 270 a)Law No. 2012021Being a ByLaw to Confirm the Proceedings of the 2012. 19.ADJOURNMENT: a) Page 7 of 270 6a) THE TOOWNSHIPOF ORO-MMEDONTE REGULAR COUNCIIL MEETINNG MINUTEES CouncilChamberss Wednessday, February 8, 20112TIMME: 6:05 p..m. 2010 - 014 COUCIL 22NN Presentt: MayorH.S. Hughees Deputyy Mayor Ralph Hough Counciillor Mel Cooutanche Counciillor Kelly MMeyer Councllor Marty ancaster iiLL Councllor John rawford iiCC Councllor Dwigh Evans iitt Staff RobinDDunn, Chieef Administrrative Officeer; Paul Graavelle, Direector of Presentt: Finance/Treasureer/DeputyCCAO; Doug Irwin, Direcctor of Corpporate Servicees/Clerk; Anndria Leighh, Director oof Developmment Servicces; Jerry Ball, Director of Transportatioon and Envvironmentall Services; Donna Hewitt, Director o Corporat & Strategic Initiative; Shawn inns, Diretor ffeeissBBcc of Receation an Communiy Service; Hugh Murray, Depuy Fire Chif; rrddttssrttee Tamar Obee, Mnager Helth & Safey, Human Resources; Janette aaaaaattR Teeter,, Deputy Cllerk Also Gord&& Sue Roehhner, Jim Zaaharopouloos, James HHolland, Billl Sweetlandd, Presentt: Bill Stoonkus, Evann Odell, Graaham Fraseer, Jonathaan Reid, Roobin Maclennnan, Ann BBudge, Michele O’Sulllivan 1.CALL TO ORDER - PRIVAATE PRAYYER/MOMEENT OF REEFLECTIONN: MayorHH.S. Hughess assumed the Chair aand called tthe meetingg to order foollowed by a privatepprayer/momment of refleection. 119 Pageoof Page 8 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. 2.ADOPTION OF AGENDA: a) Motion to Adopt the Agenda. Motion No. C120208-1 Moved by Coutanche, Seconded by Meyer Be it resolved that the agenda for the Council meeting of Wednesday, February 8, 2012 be received and adopted as amended to add as Items 4f) Shawn Binns, Director of Recreation and Community Services, re: Acquisition/disposition of land (Nurse Practitioner Clinic); 4g) Tamara Obee, Manager, Health & Safety, Human Resources re: Personal matters about an identifiable individual (Fire & Emergency Services); 10g) Tamara Obee, Manager, Health & Safety, Human Resources, re: Draft Policy, Indemnification; 13d) Correspondence dated February 6, 2012 from The Friends of Sugarbush Event Committee re: Request for Exemption to By-Law No. 2009-025, Being a By-Law to Establish Regulations with respect to Municipal Parkland and Municipally Owned Lands Used for Recreational Purposes within the Township of Oro-Medonte, Monday, February 20, 2012; 13e) Correspondence dated February 6, 2012 from Mayor Gerry Marshall, Town of Penetanguishene re: 5th Annual Turkey Slide Politician Challenge, Saturday, February 18, 2012, 12:00 p.m., Penetanguishene Curling Club, 8 Owen Street; 13f) Correspondence dated February 5, 2012 from Judith Baird re Celebration, Sunday, February 19, 2012, 4:00-6:00 p.m. Vaughan City Hall, 2141 Major Mackenzie Drive. and withdraw Item 10f) Shawn Binns, Director of Recreation and Community Services re: CANI Running, The CR-3 Half Marathon, 10 km and 5 km Road Race, September 30, 2012. Carried. 3.DISCLOSURE OF PECUNIARY INTEREST: None declared. 219 Page of Page 9 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. 4.CLOSED SESSION ITEMS: a) Motion to go In Closed Session. Motion No. C120208-2 Moved by Crawford, Seconded by Evans Be it resolved that we do now go in Closed Session at 6:07 p.m. to discuss • acquisition/disposition of land; • litigation affecting the municipality; • personal matters about an identifiable individual. Carried. b) Motion to Rise and Report. Motion No. C120208-3 Moved by Meyer, Seconded by Coutanche Be it resolved that we do now Rise at 7:15 p.m. and Report on Closed Session Items 4 c) Mayor H.S. Hughes re: Acquisition/disposition of land (Accommodation Review Committee (ARC)). d) Mayor H.S. Hughes, re: Acquisition/disposition of land (Line 3 North, Old Barrie Road W). e) Doug Irwin, Director of Corporate Services/Clerk re: Litigation affecting the Municipality (Lakeshore Promenade). f) Shawn Binns, Director of Recreation and Community Services, re: Acquisition/disposition of land (Nurse Practitioner Clinic). g) Tamara Obee, Manager, Health & Safety, Human Resources re: Personal matters about an identifiable individual (Fire & Emergency Services). Carried. 319 Page of Page 10 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. c) Mayor H.S. Hughes re: Acquisition/disposition of land (Accommodation Review Committee (ARC)). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Shawn Binns, Director of Recreation and Community Services; Donna Hewitt, Director of Corporate & Strategic Initiatives. Motion No. C120208-4 Moved by Evans, Seconded by Crawford Be it resolved 1. That the confidential verbal information presented by Mayor H.S. Hughes re: Acquisition/disposition of land (Accommodation Review Committee (ARC) be received. 2. That staff proceed as directed. 3. And That the matter be moved to the Open Session for further discussion. Carried. Motion No. C120208-5 Moved by Evans, Seconded by Crawford Be it resolved that correspondence presented by Mayor H.S. Hughes and Councillor Meyer re: Accommodation Review Committee (ARC) be received. Carried. d) Mayor H.S. Hughes, re: Acquisition/disposition of land (Line 3 North, Old Barrie Road W). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Andria Leigh, Director of Development Services; Shawn Binns, Director of Recreation and Community Services; Donna Hewitt, Director of Corporate & Strategic Initiatives. Motion No. C120208-6 Moved by Meyer, Seconded by Coutanche Be it resolved that confidential correspondence dated February 3, 2012 and presented by Mayor H.S. Hughes re: Acquisition/disposition of land (Line 3 North, Old Barrie Road W) be received; that staff proceed as directed and report back. Carried. 419 Page of Page 11 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. e) Doug Irwin, Director of Corporate Services/Clerk re: Litigation affecting the Municipality (Lakeshore Promenade). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk. Motion No. C120208-7 Moved by Lancaster, Seconded by Evans Be it resolved that the confidential correspondence dated January 30, 2012 and presented by Doug Irwin, Director of Corporate Services/Clerk re: Litigation affecting the Municipality (Lakeshore Promenade) be received. Carried. f) Shawn Binns, Director of Recreation and Community Services, re: Acquisition/disposition of land (Nurse Practitioner Clinic). The following staff were present: Robin Dunn, Chief Administrative Officer; Doug Irwin, Director of Corporate Services/Clerk; Shawn Binns, Director of Recreation and Community Services; Donna Hewitt, Director of Corporate & Strategic Initiatives. Motion No. C120208-8 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That the confidential PowerPoint presentation presented by Shawn Binns, Director of Recreation and Community Services, re: Acquisition/disposition of land (Nurse Practitioner Clinic) be received. 2. And That staff proceed as directed by Council. Carried. 519 Page of Page 12 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. g) Tamara Obee, Manager, Health & Safety, Human Resources re: Personal matters about an identifiable individual (Fire & Emergency Services). The following staff were present: Robin Dunn, Chief Administrative Officer, Doug Irwin, Director of Corporate Services/Clerk; Tamara Obee, Manager, Health & Safety, Human Resources. Motion No. C120208-9 Moved by Lancaster, Seconded by Crawford Be it resolved that the confidential verbal information presented by Tamara Obee, Manager, Health & Safety, Human Resources re: Personal matters about an identifiable individual (Fire & Emergency Services) be received. Carried. 5.IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF INTEREST: 6.MINUTES OF COUNCIL AND COMMITTEES: a) Minutes of Council meeting held on February 1, 2012. Motion No. C120208-10 Moved by Evans, Seconded by Lancaster Be it resolved that the draft minutes of the Council meeting held on Wednesday, February 1, 2012, be adopted as printed and circulated with the exception of Motion No. C120201-16 “Shawn Binns, Director of Recreation and Community Services, re: 2012 Grant & Subsidy Requests Budget Allocation” to be voted on separately. Carried. Motion No. C120208-11 (Amendment) Moved by Hough, Seconded by Lancaster Be it resolved that the motion with respect to Shawn Binns, Director of Recreation and Community Services, re: 2012 Grant & Subsidy Requests Budget All amended to provide a $500.00 grant to the Orillia Museum of Art & History for the Sir Samuel Steele exhibit; and that the grant for Orillia Laser Tag not be released pending further investigation. Carried. 619 Page of Page 13 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. Motion No. C120802-12 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That the correspondence presented by Shawn Binns, Director of Recreation and Community Services, re: 2012 Grant & Subsidy Requests Budget All received. 2. And That, upon adoption of the 2012 Budget, the 2012 Grant Requests be approved in the following amounts: User Group Amount Approved Coldwater & District Agricultural Society 200.00 Coldwater & District Horticultural Society 0 Couchiching Jubilee House 250.00 Crime Stoppers 200.00 Gift of Life Garden 250.00 Huronia Woodland Owners Association Separate motion Orillia Laser Tag $500.00 pending further investigation Orillia Museum of Art & History 500.00 Oro Agricultural Society Separate motion Oro Horticultural Society 2,000.00 Oro Station Community Hall Separate motion Rugby Community Hall 2,500.00 Simcoe County Farm Fresh 0 Simcoe County Plowman’s Association 0 Telecare Orillia Distress Line 500.00 The Images Thanksgiving Studio Tour 0 3. And That the applicants be notified of Council’s decision under the Mayor’s signature. Carried As Amended. b) Minutes of the Human Resources Committee meeting held on February 1, 2012. Motion No. C120208-13 Moved by Meyer, Seconded by Coutanche Be it resolved that the draft minutes of the Human Resources Committee meeting held on February 1, 2012 be received. Carried. 719 Page of Page 14 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. c) Minutes of Oro-Medonte History Association meeting held on November 23, 2011. Motion No. C120208-14 Moved by Lancaster, Seconded by Evans Be it resolved that the minutes of Oro-Medonte History Association meeting held on November 23, 2011 be received. Carried. 7.RECOGNITION OF ACHIEVEMENTS: None. 8.PUBLIC MEETINGS: a) Proposed Amendment to the Zoning By-Law, Concession 6, North Part of Lot 21, 2493 Highway 11 North, located east of the intersection of Highway 11 North and Line 5, 2011-ZBA-23 (Zaharapoulos). Mayor H.S. Hughes called the meeting to order at 7:26 p.m. and explained the public meeting has been called under the authority of the Planning Act, Sections 34, R.S.O. 1990 c. P.13, to obtain public comment with respect to a proposed Amendment to the Zoning By-law, Application 2011-ZBA-23 (Northway), 2493 Highway 11, Concession 6, North Part of Lot 21, (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 January 19th, 2012 and a sign posted on the subject property on January 19th, 2012. The following correspondence was received at the meeting: Simcoe County District School Board dated January 26, 2012; Ministry of Transportation dated January 20, 2012. Andria Leigh, Director of Development Services, explained the purpose and effect of the proposed Amendment. A PowerPoint presentation was presented. The following public persons offered verbal comments with respect to the Proposed Amendment: None. 819 Page of Page 15 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. Mayor H.S. Hughes advised that written submissions will be received at the Township office until February 17, 2012 that no additional deputations to Council will be permitted with respect to the proposed amendment. Due to technical difficulties, a digital recording of the meeting is not available. There being no further comments or questions, the meeting adjourned at 7:33 p.m. 9.DEPUTATIONS: a) Graham Fraser, Centurion Cycling, 25km, 50km and 100km Road Cycling Event, July 14-15, 2012. A PowerPoint presentation and video were presented. Motion No. C120208-15 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence presented by Graham Fraser, Centurion Cycling, 25km, 50km and 100km Road Cycling Event, July 14-15, 2012 be received. 2. That the applicant work with the Director of Transportation and Environmental Services and the Chief Municipal Law Enforcement Officer with respect to signage and parking. 3. That the applicant provide proof of insurance naming the Township of Oro-Medonte as a third party in the amount of $5,000,000.00. 4. That the applicant provides appropriate approval from the County of Simcoe for the use of County Roads. 5. That the applicant provides appropriate notification to the Ontario Provincial Police, Township Fire & Emergency Services and Municipal Law Enforcement Officers, residents and businesses affected. 6. That the applicant works with the Oro-Medonte Chamber of Commerce to promote local businesses and area accommodations. 7. And That applicant be advised of Council's decision under the Director of Recreation and Community Services' signature. Carried. 919 Page of Page 16 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. 10.REPORTS OF MUNICIPAL OFFICERS: a) Report No. CAO2012-01, Robin Dunn, Chief Administrative Officer re: 2012 Operating & Capital Budget. Motion No. C120208-16 Moved by Lancaster, Seconded by Crawford Be it resolved 1. That Report No. CAO2012-01, Robin Dunn, Chief Administrative Officer re: 2012 Operating & Capital Budget be received. 2. And That the amended 2012 budget be presented to Council on February 22, 2012 for approval. Carried. Motion No. C120208-17 Moved by Meyer, Seconded by Coutanche Be it resolved that, upon adoption of the 2012 Budget, the 2012 Environmental Expenses Budget allocation in the amount of $5,000.00 be directed towards partially financing the Water Quality Survey of Bass Lake 2012 as detailed within the Severn Sound Environmental Association proposal of September 23, 2011. Carried. b) Report No. DS2012-008, Andria Leigh, Director of Development Services, re: 2063334 Ontario Inc. (Meadow Acres) Proposed Street Naming, Part of Lot 5, Concession 13 (Medonte), File: 43T-90082. Motion No. C120208-18 Moved by Evans, Seconded by Lancaster Be it resolved 1. That Report No. DS2012-008, Andria Leigh, Director of Development Services, re: 2063334 Ontario Inc. (Meadow Acres) Proposed Street Naming, Part of Lot 5, Concession 13 (Medonte), File: 43T-90082 be received and adopted 2. That street names “Meadow Acres Road”, “Henry Ball Court” and “Keyzer Drive” be assigned to the 2063334 Ontario Inc. (Meadow Acres) subdivision, Part of Lot 5, Concession 13 (Medonte), File 43T-90082, 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. 1019 Page of Page 17 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. c) Report No. TES2012-02, Jerry Ball, Director of Transportation and Environmental Services, re: Access to Simcoe Road [to be distributed at the meeting]. Motion No. C120208-19 Moved by Coutanche, Seconded by Meyer Be it resolved 1. That Report No. TES2012-02, Jerry Ball, Director of Transportation and Environmental Services, re: Access to Simcoe Road be received and adopted. 2. That an easement be granted over Simcoe Road, to Ms. Layzell and Mr. Brown, for the purpose of constructing a driveway. 3. That Ms. Layzell and Mr. Brown will be responsible for all the costs associated with the easement, and the construction of the driveway, that meets Municipal Standards. 4. That Ms. Layzell and Mr. Brown are responsible for the yearly maintenance of the driveway, once construction is completed. 5. And That Ms. Layzell and Mr. Brown are notified of Council’s decision, under the Director of Transportation and Environmental Services signature. Carried. d) Report No. RC2012-02, Shawn Binns, Director of Recreation and Community Services, re: 2012 Special Events occurring within the Township of Oro-Medonte. Motion No. C120208-20 Moved by Lancaster, Seconded by Evans Be it resolved 1. That Report No. RC2012-02, Shawn Binns, Director of Recreation and Community Services, re: 2012 Special Events occurring within the Township of Oro-Medonte be received. 2. That staff draft a Special Events By-Law for Council’s consideration. 3. And That staff explore the opportunities associated with cycling tourism and report back to Council. Carried. 1119 Page of Page 18 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. e) Shawn Binns, Director of Recreation and Community Services, re: Recreation Technical Support Group Motion No. RTSG120126-08 re: Recreation and Community Services Fees and Charges Review. Motion No. C120208-21 Moved by Crawford, Seconded by Lancaster Be it resolved 1. That Report No. RC2012-01, Shawn Binns, Director of Recreation and Community Services, re: Community Services Fees and Charges Review be received and adopted. 2. That, per Motion No. RTSG120126-8, the proposed fees outlined in Tables 4 and 6 of Report No. RC2012-01 be approved for implementation effective April 15, 2012. 3. And That the Clerk bring forward the appropriate By-Law for Council’s consideration. Carried. f) Shawn Binns, Director of Recreation and Community Services re: CANI Running, The CR-3 Half Marathon, 10 km and 5 km Road Race, September 30, 2012. This item was withdrawn. g) Tamara Obee, Manager, Health & Safety, Human Resources, re: Draft Policy, Indemnification. Motion No. C120208-22 Moved by Meyer, Seconded by Lancaster Be it resolved that the Draft Policy presented by Tamara Obee, Manager, Health & Safety, Human Resources, re: Indemnification be received and hereby adopted. Carried. 11.REPORTS OF MEMBERS OF COUNCIL: None. 1219 Page of Page 19 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. 12.CONSENT AGENDA: a) Announcements of Interest to the Public: 1. Township of Oro-Medonte Administration Office Closure, Family Day, February 20, 2012. 2. Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nominations, Deadline March 2, 2012. b) Minutes of the Nottawasaga Valley Conservation Authority meeting held on December 16, 2011. Staff Recommendation: Receive. c) Minutes of the Lake Simcoe Region Conservation Authority meeting held on December 16, 2011, and highlights of meeting held on January 27, 2012. Staff Recommendation: Receive. d) Minutes of Sustainability Plan Steering Committee (SPSC), (Sustainable Severn Sound) meeting held on January 6, 2012. Staff Recommendation: Receive. e) Minutes of Midland Public Library Board meeting held on December 8, 2011. Staff Recommendation: Receive. f) Correspondence dated January 27, 2012 from Dalton McGuinty, Premier re: Private Woodlots / Ontario Disaster Relief Assistance Program. Staff Recommendation: Receive. g) Correspondence dated January 25, 2012 from Angela Allan, A/Manager, Ministry of Agriculture, Food and Rural Affairs re: Ontario Wildlife Damage Compensation Program, Farm Business Registration (FBR) Number Deadline, April 1, 2012. Staff Recommendation: Receive, Post to Website and Notify Municipal Valuers. h) Correspondence received February 2, 2012 from Pitch-In Canada re: 45th Pitch-In Week Anniversary in 2012. Staff Recommendation: Receive. 1319 Page of Page 20 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. Motion No. C120208-23 Moved by Lancaster, 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: 1. Township of Oro-Medonte Administration Office Closure, Family Day, February 20, 2012. 2. Oro-Medonte Citizen of the Year and Ontario Senior of the Year Nominations, Deadline March 2, 2012. b) Minutes of the Nottawasaga Valley Conservation Authority meeting held on December 16, 2011. Received. c) Minutes of the Lake Simcoe Region Conservation Authority meeting held on December 16, 2011, and highlights of meeting held on January 27, 2012. Received. d) Minutes of Sustainability Plan Steering Committee (SPSC), (Sustainable Severn Sound) meeting held on January 6, 2012. Received. e) Minutes of Midland Public Library Board meeting held on December 8, 2011. Received. f) Correspondence dated January 27, 2012 from Dalton McGuinty, Premier re: Private Woodlots / Ontario Disaster Relief Assistance Program. Received. g) Correspondence dated January 25, 2012 from Angela Allan, A/Manager, Ministry of Agriculture, Food and Rural Affairs re: Ontario Wildlife Damage Compensation Program, Farm Business Registration (FBR) Number Deadline, April 1, 2012. Received, Posted to Website and Notified Municipal Valuers. h) Correspondence received February 2, 2012 from Pitch-In Canada re: 45th Pitch-In Week Anniversary in 2012. Received. Carried. 1419 Page of Page 21 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. 13.COMMUNICATIONS: a) Correspondence dated January 25, 2012 from Deborah Sherman, Administrator for the Board of Directors & Equity Members of the Indian Park Association re: Land Donation Request. Motion No. C120208-24 Moved by Lancaster, Seconded by Evans Be it resolved 1. That the correspondence dated January 25, 2012 from Deborah Sherman, Administrator for the Board of Directors & Equity Members of the Indian Park Association re: Land Donation Request be received. 2. That Council reiterates its decision, from the July 15, 2009 Committee of the Whole meeting, that prior to the Indian Park Association recreational lands being dedicated to the Township, that all existing encroachments are required to be identified and the appropriate resolution to either remove these encroachments or enter into encroachment agreements is necessary. 3. And That the applicant be notified of Council's decision under the Director of Development Services' signature. Carried. b) Correspondence dated January 26, 2012 from Michael Drumm, Airport Manager, Lake Simcoe Regional Airport re: Commercial Development Strategy and Land Use Plan. Motion No. C120208-25 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated January 26, 2012 from Michael Drumm, Airport Manager, Lake Simcoe Regional Airport re: Commercial Development Strategy and Land Use Plan be received. 2. That the Board of Directors of the Lake Simcoe Regional Airport be requested to provide clarification on the request. 3. And That the Lake Simcoe Regional Airport be advised of Council's decision under the Director of Corporate Services/Clerk's signature. Carried. 1519 Page of Page 22 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. c) Correspondence dated January 25, 2012 from Andrew Lotto, Manager, Resuscitation, Heart and Stroke Foundation of Ontario re: Ontario Defibrillator Access Initiative (ODAI) Application, Deadline Friday, February 24, 2012, at noon (12:00 PM). Motion No. C120208-26 Moved by Meyer, Seconded by Coutanche Be it resolved 1. That the correspondence dated January 25, 2012 from Andrew Lotto, Manager, Resuscitation, Heart and Stroke Foundation of Ontario re: Ontario Defibrillator Access Initiative (ODAI) Application, Deadline Friday, February 24, 2012, at noon (12:00 PM) be received. 2. That staff investigate the cost for the use of defibrillators in the Township community halls. 3. And That staff be authorized to submit the appropriate application. Carried. d) Correspondence dated February 6, 2012 from The Friends of Sugarbush Event Committee re: Request for Exemption to By-Law No. 2009-025, Being a By-Law to Establish Regulations with respect to Municipal Parkland and Municipally Owned Lands Used for Recreational Purposes within the Township of Oro-Medonte, Monday, February 20, 2012. Motion No. C120208-27 Moved by Evans, Seconded by Lancaster Be it resolved 1. That the correspondence dated February 6, 2012 from The Friends of Sugarbush Event Committee re: Request for Exemption to By-Law No. 2009-025, Being a By- Law to Establish Regulations with respect to Municipal Parkland and Municipally Owned Lands Used for Recreational Purposes within the Township of Oro-Medonte, Monday, February 20, 2012 be received. 2. That an exemption to By-Law No. 2009-025, Being a By-law to Establish Regulations with respect to Municipal Parkland, and Municipally Owned Lands used for Recreational Purposes within the Township of Oro-Medonte be granted to the Friends of Sugarbush to have a fire on Monday, February 20, 2012 at the Family Day Event in Sweetwater Park. 3. And that the applicant, the Deputy Fire Chief and the Municipal Law Enforcement Officers be advised of Council's decision under the Director of Recreation and Community Services' signature. Carried. 1619 Page of Page 23 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. e) Correspondence dated February 6, 2012 from Mayor Gerry Marshall, Town of Penetanguishene re: 5th Annual Turkey Slide Politician Challenge, Saturday, February 18, 2012, 12:00 p.m., Penetanguishene Curling Club, 8 Owen Street. Motion No. C120208-28 Moved by Coutanche, Seconded by Meyer Be it resolved that 1. The correspondence dated February 6, 2012 from Mayor Gerry Marshall, Town of Penetanguishene re: 5th Annual Turkey Slide Politician Challenge, Saturday, February 18, 2012, 12:00 p.m., Penetanguishene Curling Club, 8 Owen Street be received. 2. That Mayor Hughes and Councillor Meyer, on behalf of the Township of Oro- Medonte, accept the challenge to participate in the 5th Annual Turkey Slide Politician Challenge. 3. And Further That Mayor Marshall, Town of Penetanguishene, be advised, under the Mayor's signature, of the Township of Oro-Medonte’s intent to win this exciting event. Carried. f) Correspondence dated February 5, 2012 from Judith Baird re: Black History Celebration, Sunday, February 19, 2012, 4:00-6:00 p.m. Vaughan City Hall, 2141 Major Mackenzie Drive. Motion No. C120208-29 Moved by Evans, Seconded by Lancaster Be it resolved 1. That the correspondence dated February 5, 2012 from Judith Baird re: Black History Celebration, Sunday, February 19, 2012, 4:00-6:00 p.m. Vaughan City Hall, 2141 Major Mackenzie Drive be received. 2. That Mayor H.S. Hughes be authorized to attend. 3. And That the CAO's office RSVP on behalf of the attendees. Carried. 14.NOTICE OF MOTIONS: None. 1719 Page of Page 24 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. Motion No. C120208-30 Moved by Crawford, Seconded by Evans Be it resolved that Rule 3.7 of Procedural By-law 2011-011 be suspended in order to allow the meeting to proceed past the normal adjournment hour of 10:00 p.m. Carried. 15.BY-LAWS: a) By-Law No. 2012-017 Being a By-Law to Amend By-law No. 2004-028, Being a By- Law To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte. Motion No. C120208-31 Moved by Lancaster, Seconded by Evans Be it resolved that By-Law No. 2012-017, Being a By-Law to Amend By-law No. 2004- 028, Being a By-Law To Authorize a Decrease in the Speed Limit on Certain Roads Within 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. 16.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 17.CLOSED SESSION ITEMS (UNFINISHED ITEMS): None. 1819 Page of Page 25 of 270 6a) Council Meeting Minutes – Wednesday, February 8, 2012. 18.CONFIRMATION BY-LAW: a) By-Law No. 2012-014 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday, February 8, 2012. Motion No. C120208-32 Moved by Meyer, Seconded by Coutanche Be it resolved that By-Law No. 2012-014, Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, February 8, 2012 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 19.ADJOURNMENT: a) Motion to Adjourn. Motion No. C120208-33 Moved by Lancaster, Seconded by Evans Be it resolved that we do now adjourn at 10:04 p.m. Carried. ____________________________ ____________________________ Mayor, H.S. Hughes Clerk, J. Douglas Irwin 1919 Page of Page 26 of 270 6b) THE TWNSHIPOF ORO-EDONTE OOMM COMITTEEF ADJUSMENT MMOOTT MEETINGG MINUTESS CouncilChamberss Thursdaay, Februaary 16, 2012210:03 a..m. Presentt: Scott Mapherson,ice-Chairllan Jhnson ccVVAoo Bruce CappellRoy Hastings hh Regretss: Larry Tuppling, Chair Staff present: Alan Wiebbe, Secretaary Treasurrer/Intermeddiate Plannner Marie Brisssette, Depputy Secretaary Treasurer/Committtee Coordinator 1.OPEENING OF MMEETING: Scott Maacpherson, Vice-Chairr, assumed the Chair aand called the meetingg to order. 2.ADOOPTION OFF THE AGEENDA: a) Moton to Adot the Agenda. ipp MotionNo. CA1200216-1 Movedy Chappell, Seconded by Hastigs bbnn It is recmmendedthat the aenda for te Committee of Adjutment meting of Thrsday, oogghhesseeuu Februar 16, 2012 be received and adoted. yypp Carried. 3.DISCCLOSURE OF PECUNNIARY INTEREST: None dclared. ee 17 Paage of Page 27 of 270 6b) Committee of Adjustment Meeting Minutes – February 16, 2012. 4.ADOPTION OF MINUTES: a) Minutes of the Committee of Adjustment meeting held on Thursday, December 15, 2011. Motion No. CA120216-2 Moved by Hastings, Seconded by Johnson It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, December 15, 2011 be adopted as printed and circulated. Carried. b) Minutes of the Special Committee of Adjustment meeting held on Thursday, January 26, 2012. Motion No. CA120216-3 Moved by Chappell, Seconded by Hastings It is recommended that the minutes of the Special Committee of Adjustment meeting held on Thursday, January 26, 2012 be adopted as printed and circulated. Carried. 27 Page of Page 28 of 270 6b) Committee of Adjustment Meeting Minutes – February 16, 2012. 5.PUBLIC MEETINGS: a) 2012-A-02 (Dawn and Bill Davidson) Concession 9, Lot 6, Plan 51R-32113 Relief from setback from top of bank of water courses for single detached dwelling, for a deck attached to single detached dwelling and for a detached accessory building. The applicants were not present. Motion No. CA120216-4 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2012-A- 02, specifically, to permit the construction of single detached dwelling as near as 10 metres from the top of bank of a watercourse, a deck attached to the single detached dwelling as near as 8 metres from the top of bank of a watercourse, and a detached accessory building as near as 12 metres from the top of bank of a watercourse, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that: a) The single detached dwelling be located no closer than approximately10 metres from the top of bank of the watercourse; b) The deck attached to the single detached dwelling be located no closer than approximately 8 metres from the top of bank of the watercourse; and c) The detached accessory building be located no closer than approximately 12 metres from the top of bank of the watercourse. 2. That the setbacks for the proposed single detached dwelling and detached accessory building be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 3. That the applicant obtain any permits and/or approvals required, from the Nottawasaga Valley Conservation Authority. 4. And That the appropriate zoning certificate(s) and building permit(s) be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. 37 Page of Page 29 of 270 6b) Committee of Adjustment Meeting Minutes – February 16, 2012. b) 2012-A-03 (Jorge and Sandra Pereira) 85 Eight Mile Point Road, Plan 780, Lot 42 LF Relief from timing of construction. The applicants were not present. Motion No. CA120216-5 Moved by Chappell, Seconded by Johnson It is recommended That the Committee of Adjustment defers Variance Application 2012-A- 03, specifically, to permit the existing of a detached accessory boathouse) on a lot prior to the existing of a main building, to provide an opportunity for the application to be revised to reflect the retention of the shared boathouse, and for proper notice to be given under the Planning Act for an additional point of variance required as a result. Carried. 47 Page of Page 30 of 270 6b) Committee of Adjustment Meeting Minutes – February 16, 2012. c) 2012-A-04 (Kenneth and Sandra Ewens) 889 Line 10 North, Concession 11, West Part of Lot 15 Relief from minimum required setback from the boundary of the Environmental Protection (EP) Zone. Kenneth and Sandra Ewens, applicants, were present. Motion No. CA120216-6 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2012-A- 04, specifically, to permit the construction of an addition to an existing dwelling where the addition is proposed to be located 17.1 metres from the Environmental Protection (EP) Zone, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the single detached dwelling be located no closer than approximately 17.1 metres from the limit of the Environmental Protection (EP) Zone. 2. That the setbacks for the proposed single detached dwelling be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 3. That the applicant obtain any permits and/or approvals required from the Lake Simcoe Region Conservation Authority. 4. And That the appropriate zoning certificate(s) and building permit(s) be obtained from the Township only after the Committee’s decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. 57 Page of Page 31 of 270 6b) Committee of Adjustment Meeting Minutes – February 16, 2012. d) 2012-A-05 (Superior Star Enterprises Ltd.) Concession 2, Lot 27, RP 51R-10455, Part 1 Relief from minimum required interior side yard setback, parking standards and setback from top of bank of a water course for “Administration” building, “Tipping Area” building and “Processing Plant”. The applicant was not present. Mike Fuller, adjacent property owner, noted concerns over the current lack of drainage and the potential increase in drainage issues if the relief from setbacks requested by the applicant is approved by the Committee. Motion No. CA120216-7 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment defers Variance Application 2012-A-05 until such time as a Site Plan Application is received by the Township with respect to the proposed development, and comments are received from internal departments and relevant commenting agencies, as the processing of the Site Plan Application may result in changes to the variances requested. Carried. 67 Page of Page 32 of 270 6b) Committee of Adjustment Meeting Minutes – February 16, 2012. 6.NEW BUSINESS: a) Correspondence received December 20, 2011 from the Ontario Municipal Board, re: Confirmation of Hearing Date - 2011-B-09 (William and Loretta Crawford). Motion No. CA120216-8 Moved by Hastings, Seconded by Johnson It is recommended by the Committee of Adjustment that the correspondence received December 20, 2011 and the correspondence dated January 4, 2012 from the Ontario Municipal Board, re: Confirmation of Hearing Date and Confirmation of Amended Hearing Date - 2011-B-09 (William and Loretta Crawford) be received. Carried. 7.NOTICE OF MOTION: None. 8.NEXT MEETING DATE: Thursday, March 15, 2012 at 10:00 a.m. 9.ADJOURNMENT: a) Motion to Adjourn. Motion No. CA120216-9 Moved by Chappell, Seconded by Hastings It is recommended that we do now adjourn at 11:44 a.m. Carried. Scott Macpherson, Vice-Chair Alan Wiebe, Secretary Treasurer 77 Page of Page 33 of 270 8a) 7:00 p.m.  Proposed Amendment to Zoning ByLaw, Applic... Page 34 of 270 8a) 7:00 p.m.  Proposed Amendment to Zoning ByLaw, Applic... Page 35 of 270 8b) 7:30 p.m. Proposed Amendment to the Official Plan and ... Page 36 of 270 8b) 7:30 p.m. Proposed Amendment to the Official Plan and ... Page 37 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... Page 38 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... Simcoe County Off Road Riders Association PO Box 20083 RPO Bayfield North Barrie ON L4M 6E9 December 21 2011 Shawn Binns Director, Recreation and Community Services 148 Line 7 South Oro, Ontario L0L 2X0 Dear Mr Binns On behalf of the Simcoe County Off Road Riders Association (SCOR request permission to access specific township road’s/road allow Trail Ride. SCORRA is a family orientated off road motorcycle riders club. Federation of Trail Riders (OFTR) in Simcoe County we are an inc organization that is fully insured to protect our members and co Formed in December 2006 with an inaugural membership of 25, SCOR Ontario’s largest off road motorcycle club with more than 775 me members are children who ride with their families under the supe The average age of our adult members is 41. Members volunteer h trail maintenance, trail patrols and education, advocacy, event community events. Our existing network of trails is located in designated County o under a land use agreement between the county and the OFTR/SCORR must be members of OFTR/SCORRA, follow our code of conduct and t licensed, insured, equipped with a spark arrestor and quiet (94 The Midhurst Trail Ride (formerly the Jim Kelly Memorial Trail R Trail Ride Series and has been held for the past 20 years. This the best trails in Ontario is tentatively for June 24, 2012 and participants from all across Ontario and the United States. Participants follow a course of approximately 150km along back r County Forests. Page 39 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... The event generates significant economic benefits within the Tow Springwater. Participants purchase food, lodging, equipment and are reinvested into the community through charitable donations a programs. The event has historically only been open to off road capable mo operate on the road. In an effort to ensure its continued succe community, we are seeking permission for trail plated motorcycl allowances with the Townships of Oro-Medonte and Springwater for (attachment 1). To manage the minor risks associated with this event our risk ma $5.0 Million in general liability insurance naming the County o Oro-Medonte, and Township of Springwater as insured’s Event signage; way finding signs for event participants advising etceteras, and road side signage advising motorists “Caution Slo Shoulder” in higher traffic areas Restricting speeds on roadway’s to 50% of the posted limit Vested Marshals at key road intersections Sweep riders following last participant through course providing Course divided into 4 sections with section marshals to monitor if required and remove way finding signs once sweep riders have Confirmation that participants motorcycles are plated (trail or (tested according to the SAE J1287 standard at not more than 94 Ensuring participants are at least 16 years old and wear a DOT a advance notification regarding the event to OPP, Ambulance and o (through HTG, COATV, and OFTR) I would be happy to provide any additional information you may r request and am available to appear before Council to discuss thi reached at 705-487-3164 or by email brad.obee@scorra.ca. Regards Brad Obee President, Simcoe County Off Road Riders Association Page 40 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... Road Authority Road/Road Allowance Sections nd S Story Rd - Russell Rd to Old 2 South nd S Old 2 South – Story Rd to Forbes Rd S Forbes Rd - Russell Rd S to Hwy 400 underpass C Forbes Rd – Hwy 400 underpass to Hwy 93 C Hwy 93 - Forbes Rd to 30/31 Srd O Bass Lake Srd W - 3rd line to 2nd line nd O 2 line N - Bass Lake Srd W to Bidwell rd O 3 line N – south .8km to Bass Lake Srd W O Bass Lake Srd W - 3rd line to 5th line th O 5 line N - Bass Lake Srd to Ingham Rd O Ingham Rd - 5th line N to 4th line N th O 4 Line N - Ingham Rd to overpass O 3rd Line N – Hwy 400 to Mt St Louis Rd nd OR 2 Line N – Hwy 400 to Mt St Louis Rd O Mt. Saint Louis Rd – 3rd or 2nd Line N to Scarlet Line O Scarlet Line - Mt St Louis Rd to Craig Rd S Floss Rd 7 - Hwy 93 to 500m east of Baseline Rd S Floss Rd 5 E (unopened) – .6km to Baseline Rd S Base line Rd (unopened/opened) – 1.3km to Floss Rd 4E S Floss Rd 4 E - 1.8km west of Baseline Rd S Floss Rd 3 E – .6km east of County Rd 27 to Phelpston Rd S Rainbow Valley Rd – 1.2km east of Crosslands Rd to Coughlin Rd S Gill Rd - .4km S from Hydro corridor nd S Old 2 South - .9km N of railway tracks to railway crossing C = County of Simcoe O = Township of Oro-Medonte S = Township of Springwater Page 41 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... Page 42 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... 2/22/2012 Township of Oro-Medonte: Deputation February 22, 2012 www.scorra.ca PO Box 20083 RPO Bayfield N Barrie ON L4M 6E9 brad.obee@scorra.ca 1 Page 43 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... 2/22/2012 2 Page 44 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... 2/22/2012 3 Page 45 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... 2/22/2012 4 Page 46 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... 2/22/2012 participants purchase food, lodging, equipment and fuel locally event proceeds are reinvested into the community through charitable donations and our club’s trail maintenance programs. If granted, access will result in increased event participation accruing greater tourism and economic benefits consistent with Council’s Tourism and Economic Development Priorities 5 Page 47 of 270 9a) Brad Obee, Simcoe County Off Road Riders Association, ... 2/22/2012 6 Page 48 of 270 10a) Page 49 of 270 10a) Page 50 of 270 10a) Page 51 of 270 10a) Page 52 of 270 10a) Page 53 of 270 10a) Page 54 of 270 10a) Page 55 of 270 10b) Page 56 of 270 10b) Page 57 of 270 10b) Page 58 of 270 10b) Page 59 of 270 10c) Page 60 of 270 10c) Page 61 of 270 10c) Page 62 of 270 10c) Page 63 of 270 10c) Page 64 of 270 10d) Page 65 of 270 10d) Page 66 of 270 10d) Page 67 of 270 10d) Page 68 of 270 10d) Page 69 of 270 10e) Report No. DS2012007, Andria Leigh, Director of Deve... Page 70 of 270 10e) Report No. DS2012007, Andria Leigh, Director of Deve... Page 71 of 270 10e) Report No. DS2012007, Andria Leigh, Director of Deve... Page 72 of 270 10e) Report No. DS2012007, Andria Leigh, Director of Deve... Page 73 of 270 10e) Report No. DS2012007, Andria Leigh, Director of Deve... Page 74 of 270 10f) Report No. DS2012009, Andria Leigh, Director of Deve... Page 75 of 270 10f) Report No. DS2012009, Andria Leigh, Director of Deve... Page 76 of 270 10f) Report No. DS2012009, Andria Leigh, Director of Deve... Page 77 of 270 10f) Report No. DS2012009, Andria Leigh, Director of Deve... Page 78 of 270 10f) Report No. DS2012009, Andria Leigh, Director of Deve... Page 79 of 270 10f) Report No. DS2012009, Andria Leigh, Director of Deve... Page 80 of 270 10f) Report No. DS2012009, Andria Leigh, Director of Deve... Page 81 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 82 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 83 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 84 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 85 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 86 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 87 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 88 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 89 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 90 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 91 of 270 10g) Report No. DS2012010, Andria Leigh, Director of Deve... Page 92 of 270 Report No. DS2012011, Andria Leigh, Director of Deve... Page 93 of 270 Report No. DS2012011, Andria Leigh, Director of Deve... Page 94 of 270 Report No. DS2012011, Andria Leigh, Director of Deve... Page 95 of 270 Report No. DS2012011, Andria Leigh, Director of Deve... Page 96 of 270 Report No. DS2012011, Andria Leigh, Director of Deve... Page 97 of 270 Report No. DS2012011, Andria Leigh, Director of Deve... Page 98 of 270 Report No. DS2012011, Andria Leigh, Director of Deve... Page 99 of 270 10i) Report No. CS2012 Page 100 of 270 10i) Report No. CS2012 Page 101 of 270 10i) Report No. CS2012 Page 102 of 270 10i) Report No. CS2012 Page 103 of 270 Report No. RC2012 Page 104 of 270 Report No. RC2012 Page 105 of 270 Report No. RC2012 Page 106 of 270 10k) Page 107 of 270 11a) a䚩Iu{uIÒmw;­r©;t/š’’Ò“z·ä{E;·äœš“;u a䚩IÒmw;­©;Ýz;Þ;7·w;­·;¦­·w·w7,;;“·‰;““7wz­-š’’Ò“z-·zš“­Þz·w·w;šÞ“;©šE·w; m©šÒ¦wš’;uL·Þ­;’¦w­zé;7·w··w;©;Þ­“;;7Eš©·z’;Œä©;¦š©··š,;,©šÒmw··š-šÒ“-zŒu a䚩I©©äIÒmw;­ Page 108 of 270 11b) Township of OroMedonte _____________________ Ontario Urban Forest Council 1523 Warden Avenue Units 23 + 25 Toronto, ON M1R 4Z8 www.oufc.org Page 109 of 270 12a) Page 110 of 270 12a) Page 111 of 270 12b) Page 112 of 270 12c) Correspondence dated February 1, 2012 from Premier Da... Page 113 of 270 12c) Correspondence dated February 1, 2012 from Premier Da... Page 114 of 270 12d) Correspondence dated February 3, 2012 from Premier Da... 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Mail payment to Association of Municipalities of Ontario, 200 University Avenue, Suite 801, Toronto, ON., M5H 3C6 or FAX Credit Card Payments to 416-971-9372 Please indicate registration choice below: Summary of Charges: AMO Members Registration Fee $ _____________________ Fee does not include HST Early Bird RegularOn Site Companions Fee $ _____________________ Before After Aug 19-22 Extra Banquet Ticket $ _____________________ X April 30May 1 HST (13%) $ _____________________ Full Registration 625.00 675.00 740.00 TOTAL $ ____________________ Full Reg - No Banquet 560.00 615.00 675.00 For companion registration please complete 1 Day - Monday 340.00 385.00 425.00 Companion Selection Form. Companions program does 1 Day - Tuesday 340.00 385.00 425.00 not include a Banquet ticket 180.00 190.00 190.00 Payment Method: Companion 275.00 300.00 300.00 Extra Banquet Tickets 125.00 Invoice Cheque MasterCard Visa Non-Members and Provincial and Federal Government Card Number: _____________________________ Early Bird RegularOn Site Fee does not include HST Expiration Date: m ___________ y ____________ Before After Aug 19-22 Cardholders Name (exactly as on card): X April 30May 1 _________________________________________ Full Registration 805.00 855.00 900.00 Full Reg - No Banquet 675.00 755.00 840.00 Signature: _________________________________ 1 Day - Monday 395.00 455.00 455.00 1 Day - Tuesday 395.00 455.00 455.00 Please note any special needs or dietary requirements 220.00 230.00 230.00 here: ______________________________________________ Companion 300.00 310.00 310.00 Extra Banquet Tickets 125.00 ______________________________________________ Please check here if this is your first time attending the AMO HST Registration# R106732944 Each delegate who is an elected municipal official from an AMO member municipality CAUCUS VOTING INSTRUCTIONS: is eligible to vote but declare a Caucus when they submit this conference registration form. MUSTJuly 19, 2012 is the for either the Monday Caucus Candidate Lunch or the Tuesday Board of Directors last date for changing Caucus election. After July 19, changes to a declared Caucus are not permitted. Please indicate below which caucus you wish to participate in: County Large Urban Northern Regional/Single Tier Rural Small Urban AMO collects, uses and discloses the information requested to prred with selected third parties to generate operating revenues f the Federal Personal Information Protection and Electronic Documal information. By filling out this form you agree that all pers information provided by you on the form may be collected, used ate as an attendee at the conference your likeness may be used in promotional materials and on our website for subsequent conferen Page 121 of 270 13b) Correspondence dated February 7, 2012 from the 91 February 7, 2012 TO: ALL MUNICIPAL COUNCILS FROM: 9-1-1 ONTARIO ADVISORY BOARD ISSUE:9-1-1 ADVISORY BOARD SEEKS YOUR ASSISTANCE a) What is Needed and Why: The 9-1-1 Ontario Advisory Board (OAB) is seeking financial assistance from each municipal government in order to continue as the technical and information authority respecting the implementation and operation of 9-1-1 Emergency Number systems in Ontario. In August 2007, an appeal for financial assistance was made to Ontario municipalities resulting in receipts of $26,000.00 and we are very grateful for that support. Those dollars have assisted the 9-1-1 Ontario Advisory Board greatly in continuing its efforts at maintaining and improving 9-1-1 capabilities across the Province We need operating support and therefore are making this request for assistance in the form of a small donation from each municipality. If each of Ontario’s 445 municipalities provided $100, this woul the Board to continue its work and represent the interests of mu 9-1-1 issues. Technology advancements and the expansion of the telecommunications market have increased the work of the 9- 1-1 Advisory Board. We make submissions to hearings of the Canadian Radio-Television and Telecommunications Commission (CRTC) and provide input on implementation issues related to wireless 9-1-1 service and Voice over Internet Protocol (VoIP) 9-1-1 service. The costs to attend these cross Canada meetings w··¦t‰‰š, u- alone are significant. We also maintain the OAB 9-1-1 website, , develop public awareness, liaise with all levels of government (municipal, provincial and federal) and with the Canadian Wireless Telecommunications Association. Much work remains to be done and we require funds to support these ongoing activities. Page 122 of 270 13b) Correspondence dated February 7, 2012 from the 91 b) Activities of the OAB during 2009/2011: Wireless 9-1-1 - Telecom Decision 2009-40 Members of the OAB were actively involved in the discussions 1 and proceedings that led to the Industry mandates in this Decision. As a result of our participation, the CRTC directed all Canadian Wireless Carriers to deploy location technologies that will deliver x/y coordinates on all 9- 1-1 calls from cellular phones to your local 9-1-1 Public Safety Answering Point (PSAP). Further, we successfully argued that this work should be completed by the Industry at their own cost, not placing the financial burden on local taxpayers. In 2010 we have continued to actively participate in discussions to ensure Industry compliance, effective deployment practices across Ontario as well as working on ways to further improve the service. Disappointingly, on June 172010, the Voice over Internet Protocol (VoIP) 9-1-1 - Telecom Decision 2010-387 2, CRTC issued this Decision that has allowed for the continuation of basic 9-1-1 service for consumers using nomadic internet phone service. Industry won their argument that any technical solutions to make these services safer at this point in time would be too costly. The OAB will continue to monitor the situation as well as search for technical solutions to improve 9-1-1 VoIP Service. Text Messaging for Hearing Impaired - Telecom Decision 2010-224 - Improving access to emergency services 3 for people with hearing and speech disabilities. As a member of the CRTC Emergency Services Working Group, we are assisting Industry towards establishing a technical trial in Ontario that will allow members of the Deaf, Hard of Hearing and Speech Impaired (DHHSI) communities to access their local emergency services via Text Messaging. The 9-1-1 Advisory Board is made up of volunteers from a number of non-profit organizations and agencies whose parent organizations allow the volunteers time and cover some expenses. Board members include representatives from: National Emergency Number Association (NENA) Association of Public Safety Communications Officials, Canada (APCO) Ontario Association of Chiefs of Police (OACP) Ontario Association of Fire Chiefs (OAFC) Ontario Ministry of Health and Long-Term Care (MOHLTC) Members of various Municipal Caucuses City of Toronto Bell Canada (non-voting) OPP (non-voting) Municipal Affairs and Housing (MMAH) (non-voting) Ministry of natural Resources (MNR), (non-voting) and Ministry of Community Safety and Correctional Services (MCSCS) (non-voting). 1 http://www.crtc.gc.ca/eng/archive/2009/2009-40.htm 2 http://www.crtc.gc.ca/eng/archive/2010/2010-387.htm 3 http://www.crtc.gc.ca/eng/archive/2010/2010-224.htm Page 123 of 270 13b) Correspondence dated February 7, 2012 from the 91 c) Why are funds being requested now? The optimal operating budget for the OAB is about $40,000 per year and we do not have those funds. The one- time funding received from the province in 1998 ended. If we are to continue and to undertake the work to make 9- 1-1 an effective emergency communication system, your help is required. d) How is 9-1-1 operated? Other provinces operate 9-1-1 systems themselves. In Ontario, local municipal authorities operate the 9-1-1 systems. 9-1-1 systems are provided only within municipalities electing to provide the service (now greater than 95%) with subscriber billing for network services and maintenance. The cost associated with staffing and equipment is provided by municipalities. 9-1-1 systems are designed around a central answering point (Primary Public Safety Answering Point [PPSAP]) which has dedicated lines. Incoming calls for 9-1-1 are conferenced with the associated police, fire and ambulance dispatch centre for a given municipality. Networks are designed, installed and maintained by Bell Canada. e) A Sample Resolution: Whereas The Ontario 9-1-1 Advisory Board was formed at the reque Whereas lack of ongoing Provincial funding for the Ontario 9-1- financial assistance from other sources in order to continue to increasing technological advancement; and Whereas technological advancement and deregulation of the local represent municipalities and ratepayers at the Canadian Radio Te CRTC Interconnection Steering Committee (CISC) on a regular basi Therefore be it resolved that the municipality of ____________co Advisory Board in order to allow it to continue to advance a saf ambulance emergency services in our municipalities and throughou Thank youfor your consideration of this issue and for more information please visit our website at f) Thank you: w··¦t‰‰š, u- Please make cheques payable to “” and send to Tom Voisey, c/o the Peel Regional Ontario 9-1-1 Advisory Board Police Telecommunications, 7750 Hurontario Street, Brampton, ON L6V 3W6. Page 124 of 270 13c) Correspondence dated February 3, 2012 from Lisa Pears... Page 125 of 270 13d) Correspondence dated February 21, 2012 from Martin Ki... Subject: FW: Fireworks shows Fromm: Martin Kimmble[mailto:mmkimble@horsseshoeresort.com] Sentt:Tuesday, Feebruary 21, 22012 2:33 PM To:PPrevention Offficer, Fire Subjject: Fireworks shows Attenntion:BrentCCordingly PleasseacceptthissletterastheapplicationttotheOroMedonteCounciltoenactanexemptiontotheFirewoorksbylaw fortwwoevents.ThefististheHeightsofHoorseshoeendseasonraceecelebrationaandbanquettakingplaceonMarch3 20122ontheHeighhtspropertyaatapproximately10:00pmm.TheseconddexemptionrrequestisforSkylineHorseshoeValleyss HorseshoeOpeneeventtakingpplaceonSatuurdayMarch1102012ontheskihillataapproximatelly10:00pm. Pleassecontactmeewithanyconcerns. MarttinKimble Marttin Kimble Vicee president OOperations and Manageer of the Heigghts Of Horseeshoe Horseshoe Resorrt Phonne: 705 835 55578 Ext 11644 Cell: 705 718 99229 Fax:705 835 55788 mkimmble@horsesshoeresort.coom Creatn Skyline meories with passin. We will WO you! iigmooWW Thismeessageisintendedoonlyfortheaddressee.Ifyouarenotttheintendedrecipientyouarenotifieddthatdisclosing,coopying,distributinggortakinganyactiooninrelianceonthee contentsofthisinformatinisstrictlyprohibited. oo 1 Page 126 of 270 15a) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-015 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Maria Elizabeth Scali and Joe Nicodemo Scali described as lands as follows: Lot 10, Plan 51M-881, as in 58568-0060 LT ROLL # 43-46-030-012-42766 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law Nos. 2005-081 and 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 127 of 270 15a) A By - between - - and - DESCRIPTION OF LANDS Lot 10, Plan 51M-881, as in 58568-0060 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE Roll # 4346-030-012-42766-0000 FEBRUARY 22, 2012 By-Law No. 2012-015 Page 128 of 270 15a) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 129 of 270 15a) A By SITE PLAN CONTROL AGREEMENT nd This Agreement made, in triplicate, this 22 day of February, 2012, in accordance with Section 41 of the Planning Act. B E T W E E N: MARIA ELIZABETH SCALI AND JOE NICODEMO SCALI Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit (identify form of construction) on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plans attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 130 of 270 15a) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $5,000.00.The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit; a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a single detached dwelling and a detached accessory building, as described on the Site Plan, attached hereto as Schedule “B”. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 4 Page 131 of 270 15a) A By 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule “B”, as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. h) Preservation of Existing Vegetation Outside Driveway, Building Envelope, Access and View Restrictions The Owner applying for the Building Permit shall deposit with the Township securities as noted in Section 1 f) to ensure the preservation of existing vegetation outside the building envelope, driveway location and lake access/view location, as shown on Plans 1001, 1002, 1003, 1004 and 1005, prepared by Cole Engineering Group Ltd and stipulated on the site plans. This security deposit will be returned one (1) year from the date final occupancy is achieved and certified by the Township that existing vegetation outside the building envelope, driveway location and lake access/view location have been preserved. i) Lake Simcoe Region Conservation Authority The owner shall agree to obtain all necessary permits from the Lake Simcoe Region Conservation Authority in accordance with Ontario Regulation 179/06. The owner shall agree to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans, reports and specifications, as approved by the Lake Simcoe Region Conservation Authority. 5 Page 132 of 270 15a) A By j) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded.Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securitie a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule “E”, with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule “D” of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 133 of 270 15a) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 7 Page 134 of 270 15a) A By 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) __________________________ ) Owner: Maria Elizabeth Scali ) ) ) ) __________________________ ) Owner: Joe Nicodemo Scali ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk ) 8 Page 135 of 270 15a) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Maria Elizabeth Scali and Joe Nicodemo Scali LEGAL DESCRIPTION OF LANDS Lot 10, Plan 51M-881, Township of Oro-Medonte, County of Simcoe Roll # 4346-030-012-42766-0000 9 Page 136 of 270 15a) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Location Plan dated January 2010, last revised August 24, 2011, prepared by Steenhof Building Services Group. Site Grading Plan drawing of Lot 10, Registered Plan No. 51M-881, dated February 4, 2011, last revised January 11, 2012, prepared by C.T. Strongman Surveying Ltd, Ontario Land Surveyors, and stamped by J.A. Steenhof January 17, 2012. 10 Page 137 of 270 15a) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 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 ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 11 Page 138 of 270 15a) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $5,000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 1f) and 5 herein. 12 Page 139 of 270 15b) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-016 A By-law to remove the Holding symbol On lands described as follows: Lot 10, Plan 51M-881 Township of Oro-Medonte, County of Simcoe Roll # 4346-030-012-42766 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A8’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 10, Plan 51M-881, Roll # 4346-030-012-42766”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ND BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 140 of 270 15b) A By Thiss is Schedule 'AA' to Byy-Law 20012-0116 passsed the 22 daay of Feebruaryy, 20122. nd Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 141 of 270 15c) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-018 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Mobile Car Crushers Inc. described as lands as follows: Part Lot 23, Concession 5, as in RO1366090 Being all of PIN 58550-0007 (LT), 445 Line 4 South Roll# 4346-010-008-10500 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ Mayor, H.S. Hughes ______________________________ Clerk, J. Douglas Irwin Page 142 of 270 15c) A By - between - - and - DESCRIPTION OF LANDS Part Lot 23, Concession 5, as in RO1366090 (Former Township of Oro) 445 Line 4 South PIN 58550-0007 (LT) Roll# 4346-010-008-10500 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE February 22, 2012 By-Law No. 2012-018 Page 143 of 270 15c) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 144 of 270 15c) A By SITE PLAN CONTROL AGREEMENT nd This Agreement made, in triplicate, this 22 day of February, 2012, in accordance with Section 41 of the Planning Act. B E T W E E N :MOBILE CAR CRUSHERS INC. Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to constru square metre (2,799 square foot) one storey building to be used in association with an industrial purpose on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as subject to "Site Plan Control"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 145 of 270 15c) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe and the Ministry of the Environment. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be N/A. The Owner shall replenish the refundable deposit, to its full am expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner shall have delivered to the County of Simcoe, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the County with good title, free and clear from all encumbrances. i) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment, if applicable. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit to construc (2,799 square foot) one storey building to be used in association with an industrial purpose as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS 4 Page 146 of 270 15c) A By The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditi a) Site Plan The use and development of the subject lands shall be in accordance with, and as set out on, the Site Plan drawing dated February 6, 2012, attached hereto as Schedule “B”. Only the buildings and structures as identified on Schedule “B” shall be permitted on site. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner a necessary approvals from the Township of Oro-Medonte. d) Outside Storage No outside storage of any materials or supplies shall be permitted between any buildings on the premises and any street, unless specifically identified on Schedule “B”. e) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the requirements of Schedule “E”, with an automatic renewal clause in the amount of 5 Page 147 of 270 15c) A By one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall b guaranteed period of one (1) year, or such time as the Township be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Letter of Credit was submitted have been completed with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 6 Page 148 of 270 15c) A By 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) ) __________________________ ) Jordan Waxman, acting for ) Mobile Car Crushers Inc. ) Owner ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 149 of 270 15c) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Mobile Car Crushers Inc. LEGAL DESCRIPTION OF LANDS 445 Line 4 South Part Lot 23, Concession 5, as in RO1366090 (Former Township of Oro) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE PIN 58550-0007 (LT) Roll# 4346-010-008-10500 8 Page 150 of 270 15c) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Mobile Car Crushers Inc. SITE PLAN Site Plan of 445 Line 4 South, dated February 6, 2012, is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 151 of 270 15c) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Mobile Car Crushers Inc. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. Two Dollars ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A 2.0 LANDS TO BE CONVEYED TO THE COUNTY OF SIMCOE N/A 3.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 Page 152 of 270 15c) A By NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Mobile Car Crushers Inc. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTER OF CREDIT AMOUNT $ 1000.00 Security to be provided by the Owner to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 153 of 270 15d) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-019 A By-law to amend the zoning provisions On lands described as follows: Concession 6, North Part of Lot 21, 2493 Highway 11, Township of Oro-Medonte, County of Simcoe Roll # 4346-010-008-32900 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to rezone the subject lands, in accordance with Section C3 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A10’ to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands being Concession 6, North Part of Lot 21, 2493 Highway 11, in the former geographic Township of Oro, now in the Township of Oro-Medonte, from the Local Commercial (LC) Zone to the Local Commercial Exception 211 (LC*211) Zone as shown on Schedule ‘A’ hereto and forming part of this By-law. 2. Section 7 – Exceptions to Zoning By-law as amended is hereby further amended by the addition of the following subsection: “7.211 *211 – NORTH PART OF LOT 21, CONCESSION 6, MUNICIPALLY KNOWN AS 2493 HIGHWAY 11 (FORMER ORO) “Notwithstanding Table A2 “Commercial Zones – Permitted Uses”, a “Motor Vehicle Storage Yard” is also permitted on lands denoted by the symbol *211, as shown on the schedules to this By-law.” 3. 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 22 DAY OF FEBURARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 154 of 270 15d) A By Thiss is Schedule 'AA' to Byy-Law 20012-0119 passsed the 22daay of Feebruary, 2012. ND Mayoor H.S. Hughees Clek rr J.. Douglass Irwin TOWNNSHIP OF ORO-MEDDONTE Page 155 of 270 15e) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-020 A By-law to Permanently Close the road allowance between Line 3 North, situate within Lot 6, Concession 4 (geographic Township o Township of Oro-Medonte, County of Simcoe And To Establish and Assume a Public Highway between Line 3 North and Line 4 North, situate within Lot 6, Concession 4 (geographic Township of Medon Township of Oro-Medonte, County of Simcoe (Ingram Road) WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a lower-tier municipality may pass by-laws with respect to AND WHEREAS Section 34 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry off AND WHEREAS Section 31 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that municipalities may by by-law establish a highway; AND WHEREAS Section 26 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, defines what constitutes a highway; AND WHEREAS by Motion No. C110608-7, Council of the Township of Oro-Medonte deemed it necessary to permanently close that portion of Ingram Road between Line 3 North and Line 4 North, situate within Lot 6, Concession 4 (geog Medonte), Township of Oro-Medonte, County of Simcoe, and re-esta same for use as a public highway, recognizing its new boundaries NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as fol 1. Permanently Close - Council does hereby permanently close th municipally known as Ingram Road between Line 3 North and Line 4 North, lying within Lot 6, Concession 4, (geographic Township of Medonte), an Parts 2, 3, 4, 5, 9, 10, 11 and 13, Plan 51R-37934, and Part 1, Plan 51R-37937 (Part of PIN 58526-0003 (LT)), Township of Oro-Medonte, County of Simc 2. Re-establish and Assume – Council does hereby instantaneously assume for use as a public highway, the part of Ingram Road betw and Line 4 North, lying within Lot 6, Concession 4, (geographic Medonte), and described as Parts 4, 10 and 11, Plan 51R-37934, a 51R-37937 (Part of PIN 58526-0003(LT)), and Part 6, Plan 51R-379 58526-0155 (LT)), Township of Oro-Medonte, County of Simcoe. 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 156 of 270 15f) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-022 A By-law to Provide for the Giving of Names to Highways within the Township of Oro-Medonte, County of Simcoe (File: 43T-90082 [2063334 Ontario Inc. (Meadow Acres)]) Part of Lot 5, Concession 13 (Medonte). 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 highways located within File: 43T-90082 [2063334 Ontario Inc. (Meadow Acres)] Part of Lot 5, Concession 13 (Medonte), shall, on the day this by-law takes effect, be named as “Meadow Acres Road”, “Henry Ball Court” and “Keyzer Drive”attached hereto as Schedule “A” and forming part of this by-law. 2. That the name for the public highways “Meadow Acres Road”, “Henry Ball Court” and “Keyzer Drive” 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 157 of 270 15f) A By Scheddule “A” to By-Laaw No. 22012-022 Page 158 of 270 15g) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-023 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 12, Plan 51M-957, as in 58533-0236 LT ROLL # 4346-010-003-26512 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 159 of 270 15g) A By - between - - and - DESCRIPTION OF LANDS Lot 12, Plan 51M-957, as in 58533-0236 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26512 By-Law No. 2012-023 February 22, 2012 Page 160 of 270 15g) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 161 of 270 15g) A By SITE PLAN CONTROL AGREEMENT nd This Agreement made, in triplicate, this 22 day of February 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 162 of 270 15g) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the dis and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/M inistry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: 4 Page 163 of 270 15g) A By a) That the Township has enacted a By-law to permit the constru detached dwelling with attached garage occupying 3,671 square feet (341.04 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 164 of 270 15g) A By h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the te Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 165 of 270 15g) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) __________________________ ) Enzo Palumbo, acting for ) Democrat Maplewood Limited, ) Owner ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 166 of 270 15g) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 12, Plan 51M-957 as in 58533-0236 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26512 8 Page 167 of 270 15g) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 12, Prepared by Valdor Engineering Inc dated August 24, 2011, and last revised December 6, 2011. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 168 of 270 15g) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood 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 ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 10 Page 169 of 270 15g) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 170 of 270 A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-024 A By-law to remove the Holding symbol On lands described as follows: Lot 12, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26512 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 12, Plan 51M-957, Roll # 4346-010-003-26512”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ND BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 171 of 270 A By Thiss is Schedule 'AA' to Byy-Law 20012-0224 passsed the 22 daay of Feebruaryy, 20122. nd Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 172 of 270 15i) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-025 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 13, Plan 51M-957, as in 58533-0237 LT ROLL # 4346-010-003-26513 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 173 of 270 15i) A By - between - - and - DESCRIPTION OF LANDS Lot 13, Plan 51M-957, as in 58533-0237 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26513 By-Law No. 2012-025 February 22, 2012 Page 174 of 270 15i) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 175 of 270 15i) A By SITE PLAN CONTROL AGREEMENT nd This Agreement made, in triplicate, this 22 day of February 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 176 of 270 15i) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the dis and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/M inistry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: 4 Page 177 of 270 15i) A By a) That the Township has enacted a By-law to permit the constru detached dwelling with attached garage occupying 2,537 square feet (235.69 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 178 of 270 15i) A By h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the te Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 179 of 270 15i) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) __________________________ ) Enzo Palumbo, acting for ) Democrat Maplewood Limited, ) Owner ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 180 of 270 15i) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 13, Plan 51M-957 as in 58533-0237 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26513 8 Page 181 of 270 15i) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 13, Prepared by Valdor Engineering Inc dated December 6, 2011, and last revised January 10, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 182 of 270 15i) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood 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 ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 10 Page 183 of 270 15i) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 184 of 270 15j) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-026 A By-law to remove the Holding symbol On lands described as follows: Lot 13, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26513 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 13, Plan 51M-957, Roll # 4346-010-003-26513”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ND BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 185 of 270 15j) A By Thiss is Schedule 'AA' to Byy-Law 20012-0226 passsed the 22 daay of Feebruaryy, 20122. nd Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 186 of 270 15k) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-027 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 120, Plan 51M-957, as in 58533-0344 LT ROLL # 4346-010-003-26620 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 187 of 270 15k) A By - between - - and - DESCRIPTION OF LANDS Lot 120, Plan 51M-957, as in 58533-0344 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26620 By-Law No. 2012-027 February 22, 2012 Page 188 of 270 15k) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 189 of 270 15k) A By SITE PLAN CONTROL AGREEMENT nd This Agreement made, in triplicate, this 22 day of February 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 190 of 270 15k) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the dis and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/M inistry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: 4 Page 191 of 270 15k) A By a) That the Township has enacted a By-law to permit the constru detached dwelling with attached garage occupying 1,855 square feet (172.33 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 192 of 270 15k) A By h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the te Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 193 of 270 15k) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) __________________________ ) Enzo Palumbo, acting for ) Democrat Maplewood Limited, ) Owner ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 194 of 270 15k) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 120, Plan 51M-957 as in 58533-0344 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26620 8 Page 195 of 270 15k) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 120, Prepared by Valdor Engineering Inc dated December 6, 2011, and last revised January 4, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 196 of 270 15k) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood 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 ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 10 Page 197 of 270 15k) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 198 of 270 15l) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-028 A By-law to remove the Holding symbol On lands described as follows: Lot 120, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26620 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 120, Plan 51M-957, Roll # 4346-010-003-26620”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ND BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 199 of 270 15l) A By Thiss is Schedule 'AA' to Byy-Law 20012-0228 passsed the 22 daay of Feebruaryy, 20122. nd Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 200 of 270 15m) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-029 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 121, Plan 51M-957, as in 58533-0345 LT ROLL # 4346-010-003-26621 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 201 of 270 15m) A By - between - - and - DESCRIPTION OF LANDS Lot 121, Plan 51M-957, as in 58533-0345 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26621 By-Law No. 2012-029 February 22, 2012 Page 202 of 270 15m) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 203 of 270 15m) A By SITE PLAN CONTROL AGREEMENT nd This Agreement made, in triplicate, this 22 day of February 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 204 of 270 15m) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the dis and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. h) The Owner and/or their agent shall not engage in any work on the subject lands that will impede or alter any fencing within which lies a potential ossuary within the lands identified as Lot 122, Plan 51M-957 and, in the event of any impediment or alteration, will forthwith remedy such fencing. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/M inistry of the Environment. 2. COVENANTS BY THE TOWNSHIP 4 Page 205 of 270 15m) A By The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the constru detached dwelling with attached garage occupying 2,488 square feet (231.14 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 206 of 270 15m) A By h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the te Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 207 of 270 15m) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agre harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) __________________________ ) Enzo Palumbo, acting for ) Democrat Maplewood Limited, ) Owner ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 208 of 270 15m) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 121, Plan 51M-957 as in 58533-0345 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26621 8 Page 209 of 270 15m) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 121, Prepared by Valdor Engineering Inc dated December 6, 2011, and last revised January 4, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 210 of 270 15m) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood 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 ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 10 Page 211 of 270 15m) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 212 of 270 A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-030 A By-law to remove the Holding symbol On lands described as follows: Lot 121, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26621 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 121, Plan 51M-957, Roll # 4346-010-003-26621”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ND BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 213 of 270 A By Thiss is Schedule 'AA' to Byy-Law 20012-0330 passsed the 22 daay of Feebruaryy, 20122. nd Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 214 of 270 15o) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-031 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 124, Plan 51M-957, as in 58533-0348 LT ROLL # 4346-010-003-26624 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 215 of 270 15o) A By - between - - and - DESCRIPTION OF LANDS Lot 124, Plan 51M-957, as in 58533-0348 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26624 By-Law No. 2012-031 February 22, 2012 Page 216 of 270 15o) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 217 of 270 15o) A By SITE PLAN CONTROL AGREEMENT nd This Agreement made, in triplicate, this 22 day of February 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 218 of 270 15o) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the dis and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/M inistry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: 4 Page 219 of 270 15o) A By a) That the Township has enacted a By-law to permit the constru detached dwelling with attached garage occupying 3,714 square feet (345.04 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 220 of 270 15o) A By h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the te Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 221 of 270 15o) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) __________________________ ) Enzo Palumbo, acting for ) Democrat Maplewood Limited, ) Owner ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 222 of 270 15o) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 124, Plan 51M-957 as in 58533-0348 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26624 8 Page 223 of 270 15o) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 124, Prepared by Valdor Engineering Inc dated January 4, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 224 of 270 15o) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood 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 ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 10 Page 225 of 270 15o) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 226 of 270 15p) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-032 A By-law to remove the Holding symbol On lands described as follows: Lot 124, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26624 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 124, Plan 51M-957, Roll # 4346-010-003-26624”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ND BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 227 of 270 15p) A By Thiss is Schedule 'AA' to Byy-Law 20012-0332 passsed the 22 daay of Feebruaryy, 20122. nd Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 228 of 270 15q) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-033 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Democrat Maplewood Limited described as lands as follows: Lot 125, Plan 51M-957, as in 58533-0349 LT ROLL # 4346-010-003-26625 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of the Township as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended; AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 2009-062; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT 1. the Township enter into the Site Plan Control Agreement attached hereto as Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Deputy Clerk are hereby authorized to execute the Site Plan Control Agreement on behalf of the Corporation of the Township of Oro-Medonte; THAT 3. the attached Appendix “A” and Schedules “A, B, C and D” shall form part of this By-Law; 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 229 of 270 15q) A By - between - - and - DESCRIPTION OF LANDS Lot 125, Plan 51M-957, as in 58533-0349 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26625 By-Law No. 2012-033 February 22, 2012 Page 230 of 270 15q) A By TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule “A” Legal Description of Lands Schedule “B” Site Plan Schedule “C” Deeds and Easements to be Conveyed Schedule “D” Itemized Estimate of Cost of Construction 2 Page 231 of 270 15q) A By SITE PLAN CONTROL AGREEMENT nd This Agreement made, in triplicate, this 22 day of February 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Democrat Maplewood Limited Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a model home on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designatio lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 232 of 270 15q) A By 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule “A”, attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to c) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries including, but not limited to, the County of Simcoe. e) The Owner shall, pursuant to Section 6.2.6 of the Subdivision Agreement adopted by Township of Oro-Medonte By-law 2010-059, retain the services archaeologist for their on-site presence and monitoring of any grading or ground alterations within 50 metres of a potential ossuary. f) The Owner shall assume all liability with respect to the dis and/or archaeologically sensitive features or areas through the development of the subject lands. g) The Owner and/or their agent shall, during any grading or ground alterations, cease work immediately upon the discovery of a potential ossuary and/or archaeologically sensitive feature, and forthwith notify all appropriate Ministries and Agencies, including, but not limited to, the Registrar of Cemeteries and the Township. e) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable involved to the Township in having its solicitor, engineer, plan any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner’s obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words “at the expense of the Owner”, unles stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The Owner shall replenish the refundable deposit, to its full am when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers and Easements, or other documents required by Schedule “C”, as well as certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: 4 Page 233 of 270 15q) A By a) That the Township has enacted a By-law to permit the constru detached dwelling with attached garage occupying 2,577 square feet (239.41 square metres), as described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule “B”, subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule “B”. b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule “B” attached. The Owner all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule “B”. e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refus fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commerci Institutional (I. C. & I) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be respon garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas s Site Plan, attached as Schedule “B”, as soon as weather permits and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 234 of 270 15q) A By h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees t erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule “D” to this Agreement (the “said Work”), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, b) A Certified Cheque in the amount of one hundred percent (100%) of the estimated costs of the said works, and as approved by the Township Engineer. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner’s Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Agreement and will become the basis for the limits of the securities. d) Any Certified Cheque or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the te Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner’s agent, certifying that all required works for which the Certified Cheque was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner’s obligations under this Agreement have been completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twenty-one (21) day’s notice, its intent to draw down on the security or deposit. 6 Page 235 of 270 15q) A By 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to t addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreeme 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any section, subsection, clause, paragraph, or provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suit whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that SIGNED, SEALED AND DELIVERED ) __________________________ ) Enzo Palumbo, acting for ) Democrat Maplewood Limited, ) Owner ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) __________________________ ) H.S. Hughes, Mayor ) ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 236 of 270 15q) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. LEGAL DESCRIPTION OF LANDS Lot 125, Plan 51M-957 as in 58533-0349 LT TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE ROLL # 4346-010-003-26625 8 Page 237 of 270 15q) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. SITE PLAN Site Plan Drawing: Diamond Valley Estates Lot 125, Prepared by Valdor Engineering Inc dated January 4, 2012, and last revised February 8, 2012. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 238 of 270 15q) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood 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 ($2.00) The consideration for all conveyances shall be the sum of and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: LANDS TO BE CONVEYED TO THE TOWNSHIP 1.0 N/A DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP 2.0 N/A 10 Page 239 of 270 15q) A By NOTE: It is understood and agreed that this Schedule forms part of the Agreement between the Township of Oro-Medonte and Democrat Maplewood Limited. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT AMOUNT Certified Cheque to be provided by the Owner $1000.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 11 Page 240 of 270 15r) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-034 A By-law to remove the Holding symbol On lands described as follows: Lot 125, Plan 51M-957 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-26625 WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule ‘A16’, to Zoning By-law No. 97-95 as amended, is hereby further amended by removing the Holding provision applying to lands known as “Lot 125, Plan 51M-957, Roll # 4346-010-003-26625”as shown on Schedule ‘A’ attached hereto and forming part of this By-law. 2. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ND BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 241 of 270 15r) A By Thiss is Schedule 'AA' to Byy-Law 20012-0334 passsed the 22 daay of Feebruaryy, 20122. nd Mayoor H.S. Hughees Clek rr J.. Douglass Irwin Page 242 of 270 15s) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-035 A By-law to Authorize the Execution of an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro-Medonte (Agreement #10123) WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, provides that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council. AND WHEREAS the Ministry of Transportation maintains computer databases containing information pertaining to driver, vehicle and commercial motor carrier ; records AND WHEREAS The Municipality requires access to certain information containe in such databases; AND WHEREAS the Ministry of Transportation shall permit the municipality access to the Ministry’s information subject to the terms and conditions of the Agreement; AND WHEREAS it is deemed expedient to enter into an Agreement between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Corporation of the Township of Oro-Medonte; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Clerk be authorized to execute the Authorized Requester Agreement (Agreement #10123) between Her Majesty the Queen in Right of Ontario, as represented by the Minister of Transportation and The Township of Oro-Medonte, substantially in form and content, attached hereto as Schedule “A” and forming part of this by-law; 2. This by-law shall take effect on the final passing thereof. ND BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 243 of 270 15s) A By Page 244 of 270 15s) A By Page 245 of 270 15s) A By Page 246 of 270 15s) A By Page 247 of 270 15s) A By Page 248 of 270 15s) A By Page 249 of 270 15s) A By Page 250 of 270 15s) A By Page 251 of 270 15s) A By Page 252 of 270 15s) A By Page 253 of 270 15s) A By Page 254 of 270 15s) A By Page 255 of 270 15s) A By Page 256 of 270 15s) A By Page 257 of 270 15s) A By Page 258 of 270 15s) A By Page 259 of 270 15s) A By Page 260 of 270 15s) A By Page 261 of 270 15s) A By Page 262 of 270 15s) A By Page 263 of 270 15s) A By Page 264 of 270 15s) A By Page 265 of 270 15s) A By Page 266 of 270 15s) A By Page 267 of 270 15t) A Bylaw to Amend Bylaw No. 201075, Being a By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-036 A By-law to Amend By-law No. 2010-75, Being a By-Law to Regulate Signs and other Advertising Devices (Sign By-law) WHEREAS the Municipal Act,2001, S.O. 2001, c.25, as amended, Section 11 authorizes a municipality to pass by-laws respecting signs; AND WHEREAS Council of The Corporation of the Township of Oro-Medonte did enact By-law No. 2010-75, Being a By-law to Regulate Signs and other Advertising Devices th on the 12 day of May 2010; AND WHEREAS Council of The Corporation of the Township of Oro-Medonte does now find it expedient to amend the Sign By-law to permit for Changeable Message Signs within the Township of Oro-Medonte; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the definition contained within Section 2 for “Billboard Sign” be deleted and replaced with: Billboard Sign – means a sign located outside of a building which is erected, displayed, and maintained by a person engaged in the sale of or rental of space thereon to a third party clientele, upon which space is displayed advertising describing one or more goods, products, services, or facilities, not necessarily sold or produced on the premises or lands upon which the sign is located. Changeable Message Signs are permitted only if the sign is designated as a Billboard Sign. 2. That Section 2 – Definitions be amended by adding the following definitions, and that the numbering be adjusted accordingly: Changeable Message Sign – means a sign with the capability of content changes by means of mechanical or electronic input. This type of sign displays changing static messages for a fixed duration. It includes Electronic Changeable Message Signs and Mechanical Changeable Message Signs. These si only permitted for Billboard Signs and will not be animated, nor will they include video. Electronic Changeable Message Signs – means a changeable sign whose content can change by means of an electrically energized display LED pixel board. Light-Emitting Diode (LED) – means semiconductor diode that converts applied voltage to light and is used in lamps and digital displays. Luminous Sign – means a sign lit by internal lighting or an Electronic Changeable Message Sign. Maximum Transition Time (MTT) – is the maximum amount of time which shall be allowed between consecutively displayed static messages. Mechanical Changeable Message Signs – means a changeable sign whose display surface physically changes to reveal alternate messages, such as tri- vision or flip disc signs. Minimum Dwell Time (MDT) – means the minimum amount of time which a static message must be displayed for. Page 268 of 270 15t) A Bylaw to Amend Bylaw No. 201075, Being a By 3. That Section 3 – Regulations be amended by adding the following: 3.12Notwithstanding Section 3.8, Billboard Signs that are Changeable Message Signs shall be permitted provided a sign permit from the Township has been issued, the provisions of the By-law are complied with, and the following regulation are adhered to: 3.12.1Theminimum dwell timeforwhich a static message be displayed on a changeable message sign shall correspond with the Ministry of Transportation’s Corridor Signing Policy. 3.12.2 The maximum transition time between consecutively displayed messages on a changeable message sign shall correspond with the Ministry of Transportation’s Corridor Signing Policy. Transition effects such as wipe, slide, fade, or pixelate shall not be allowed. 3.12.3 In the event of a malfunction, the changeable message sign shall be designed to ensure that the displayed image becomes fixed or blacks out. 3.12.4 The changeable message sign shall be regulated so as the illumination levels are not directed on neighboring property and are not interfering with traffic safety. Electronic Changeable Message Signs shall contain sensors that regulate the illumination levels in relation to the ambient light. 3.12.5 The Township shall be granted, a minimum of one (1) static message at any given time, at no charge to the Township, for the duration that the changeable message sign remains erected. 3.12.6 The changeable message sign shall not include video, animation, flashing or intermittent lights. 3.12.7 The issuance of a sign permit will be based on the size a sign and not the number of individual advertisements. There is no restriction as to the number of individual advertisements displayed on any one changeable message sign. 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 269 of 270 18a) Being a ByLaw to Confirm the Proceedings of the Coun... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-021 Being a By-Law to Confirm the Proceedings of the Council Meeting Wednesday, February 22, 2012 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, February 22, 2012, 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 22 DAY OF FEBRUARY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 270 of 270