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07 05 2012 SpCouncil AgendaTHE TOWNSHIP OF OROMEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS Thursday, July 5, 2012 9:30 a.m. Open Session Closed Session Immediately Following 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.REPORTS OF MUNICIPAL OFFICERS: 3 a) 4-12 b)Report No. DS2012 Plan Agreement 2012SPA PTS 1 & 2, PL 51R35633, ORO 58567 5.COMMUNICATIONS: 13-18 a)Correspondence dated June 29, 2012 from Allan Brownridge, Projec Manager, C.C. Tatham & Associates Ltd. re: Wolf Steel Warehouse, for Site Plan Pre 6.CLOSED SESSION ITEMS: a)Motion to go In Closed Session. b)Motion to Rise and Report. 7.BY-LAWS: 19-30 a)Law No. 2012127A By Burton and Marlessa Jane Burton described as Page 1 of 37 - Page 7.BY-LAWS: 0089 LT ROLL # 434603001243106 31-32 b)Law No. 2012128A By described as follows: Pt Lt 17, Con 3, South Orillia, Being Pts 1 & 2, PL 51R35633 OroMedonte, 12 Moon Point Drive, as in 58567 Medonte, County of Simcoe Roll # 4346 03001243106. 33-36 Law No. 2012134A By Medonte Services. 8.QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM: 9.CONFIRMATION BY-LAW: 37 a)Law No. 2012132Being a ByLaw to Confirm the Proceedings of the 2012. 10.ADJOURNMENT: a) Page 2 of 37 4a) (Setion 12.3 f Townshi’s ccoopp Procedural By-La No. 2011-011) ww Name:Shawnn Binns, Dirrector of Reecreation annd Community Servicees Item Number/Namee: 4a) Jarrratt Commmunity Hall Meeting Date:Thursdday, July 5, 2012 Type of Meeting: Couuncil XSpeecial Counccil Commmittee of AdjustmentAcccessibilityAAdvisory Coommittee Rereational echnical upport Grup ccTTSSoo Speakinng Notes: Earlyy hours of JJuly 1st, 2012 a driver collided with the frontt portion of Jarratt commmunity hall The building has been cloed until a tructural rview can e completed sssseebb viual structural review as taken lace and te damages are estiated to be > $10,000 Asshhpphhmm Repaair will coveered through insurancee 7/19/122 Page 3 of 37 4b) Report No. DS2012 Page 4 of 37 4b) Report No. DS2012 Page 5 of 37 4b) Report No. DS2012 Page 6 of 37 4b) Report No. DS2012 Page 7 of 37 4b) Report No. DS2012 Page 8 of 37 4b) Report No. DS2012 Page 9 of 37 4b) Report No. DS2012 Page 10 of 37 4b) Report No. DS2012 Page 11 of 37 4b) Report No. DS2012 Page 12 of 37 5a) Correspondence dated June 29, 2012 from Allan Brownrid... Page 13 of 37 5a) Correspondence dated June 29, 2012 from Allan Brownrid... Page 14 of 37 5a)- Correspondence dated June 29, 2012 from Allan Brownrid... Page 15 of 37 5a)- Correspondence dated June 29, 2012 from Allan Brownrid... Page 16 of 37 5a)- Correspondence dated June 29, 2012 from Allan Brownrid... Page 17 of 37 5a)- Correspondence dated June 29, 2012 from Allan Brownrid... Page 18 of 37 7a) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-127 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Charles Enver Burton and Marlessa Jane Burton described as lands as follows: PT LT 17, CON 3, SOUTH ORILLIA, BEING PTS 1 & 2, PL 51R35633 ORO-MEDONTE, 12 MOON POINT DRIVE, as in 58567-0089 LT ROLL # 4346-030-012-43106 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE WHEREAS authority to enter into Site Plan Control Agreements is provided 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 o 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 Townsh 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 attache Appendix “A”, on lands described on the attached Schedule “A”; THAT 2. the Mayor and Clerk are hereby authorized to execute the Site P 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 f this By-Law; THAT 4. this By-Law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 5 DAY OF JULY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ______________________________ MAYOR, H.S. HUGHES ______________________________ CLERK, J. DOUGLAS IRWIN Page 19 of 37 7a) A By - between - - and - DESCRIPTION OF LANDS PT LT 17, CON 3, SOUTH ORILLIA BEING PTS 1 & 2, PL 51R35633, ORO-MEDONTE, 12 MOON POINT DRIVE, as in 58567-0089 LT ROLL # 4346-030-012-43106 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE By-Law No. 2012-127 July 5, 2012 Page 20 of 37 7a) 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 21 of 37 7a) A By SITE PLAN CONTROL AGREEMENT th This Agreement made, in triplicate, this 11 day of July 2012, in accordance with Section 41 of the Planning Act. B E T W E E N : Charles Enver Burton and Marlessa Jane Burton 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 single detached dwelling on lands described in Schedule “A”, attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule “B”; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Page 22 of 37 7a) 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 subj 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 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, 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 perfo 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 $1000.00. 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 w certification from the Owner’s solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all en h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. i) Lake Simcoe Region Conservation Authority a. The owner agrees to carry out or cause to be carried out all recommendations and measures contained within the plans. b. The owner agrees to ensure that all erosion and sedimentation measures will be in place prior to any site alteration. c. The owner agrees to engage a qualified professional to certify in writing that the works were constructed in accordance with the plans as appro Lake Simcoe Region Conservation Authority. i) The Owner acknowledges that the lot does not front on an improved public road, that the Township does not or is not required to maintain or snowplow the said road, that the Township will not take over or assume the private road public road or street unless it has been built according to the then in force, and that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 4 Page 23 of 37 7a) A By 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the construction of a single detached dwelling occupying 544.83 square metres (5,864.5 square feet), 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 way. c) Parking Areas and Driveways All parking areas and driveways shall be constructed in conform 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario 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 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 shown on the Site Plan, and to install and maintain litter cont development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and 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 responsible for their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule “B”, as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 5 Page 24 of 37 7a) 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 veget successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes the Schedules attached hereto, unless and until such changes hav 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 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 Enginee c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, th 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 securi d) Any Certified Cheque or security filed with the Township is b estimated cost of completing the various matters prescribed by t However, all Certified Cheque and security received by the Towns as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Ow 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 accordance with the plans submitted and upon confirmation by the its agent that the Owner’s obligations under this Agreement have completed, the Township will return said Certified Cheque. f) If in the event of default of the Owner under any of the prov Agreement, it becomes necessary for the Township to realize on i deposits, then the Township shall give, by registered mail, twen notice, its intent to draw down on the security or deposit. 6 Page 25 of 37 7a) 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 466 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the parties hereto, and upon the lands described in Schedule “A”, attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on tit 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, 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 ) ) ) __________________________ ) Name: Charles Enver Burton, Owner ) ) ) __________________________ ) Name: Marlessa Jane Burton, Owner ) ) ) The Corporation of the ) Township of Oro-Medonte ) per: ) ) __________________________ ) H.S. Hughes, Mayor ) ) ____________________________ ) J. Douglas Irwin, Clerk 7 Page 26 of 37 7a) 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 Charles Enver Burton and Marlessa Jane Burton. LEGAL DESCRIPTION OF LANDS PT LT 17, CON 3, SOUTH ORILLIA, BEING PTS 1 & 2, PL 51R35633, ORO- MEDONTE, 12 MOON POINT DRIVE as in 58567-0089 LT ROLL # 4346-030-012-43106 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE 8 Page 27 of 37 7a) 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 Charles Enver Burton and Marlessa Jane Burton. SITE PLAN Lot Grading and Site Plan, # 12 Moon Point Drive, Part of Lot 17, Concession 3, Being Parts 1 and 2, Plan 51R-35633, by Dearden and Stanton Ltd., dated June Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 Page 28 of 37 7a) 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 Charles Enver Burton and Marlessa Jane Burton. 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 29 of 37 7a) 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 Charles Enver Burton and Marlessa Jane Burton. 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 30 of 37 7b) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-128 A By-law to remove the Holding symbol On lands described as follows: Pt Lt 17, Con 3, South Orillia, Being Pts 1 & 2, PL 51R35633 Oro-Medonte, 12 Moon Point Drive, as in 58567-0089 LT Township of Oro-Medonte, County of Simcoe Roll # 4346-030-012-43106 WHEREAS the Council of the Corporation of the Township of Oro-Medonte i empowered to pass By-laws to remove a Holding provision pursuant the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision ap 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 hereb amended by removing the Holding provision applying to lands know 17, Con 3, South Orillia, Being Pts 1 & 2, PL 51R35633, Roll # 4 43106”as shown on Schedule ‘A’ attached hereto and forming part of thi law. 2. This By-law shall come into effect upon the date of passage h the provisions of the Planning Act, as amended. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 5 DAY OF JULY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes _____ Clerk, J. Douglas Irwin Page 31 of 37 7b) A By Thiss is Schedule 'AA' to Byy-Law 20012-1228 passsed the 5 dayy of Julyy, 20122. th Mayoor H.S. Hughs .ee Cle rrk J. Douglass Irwin Page 32 of 37 7c) A By THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-134 A By-law to Authorize the Execution of an Agreement between the Township of Oro-Medonte and the Township of Severn for the provision of Building Inspection, Plans Review, and Technical Services WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states that it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS Council deems it expedient to enter into an agreement for the provision of Building Inspection, Plans Review, and Technical Se Township of Severn; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Agreement, substantially in the form attached hereto as Schedule “A” and forming part of 2. This by-law shall take effect on the final passing thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 5 DAY OF JULY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin Page 33 of 37 7c) A By Schedule “A” Township of Oro-Medonte By-law No. 2012-134 AGREEMENT This Agreement made in duplicate this __________day of __________________, 2012. BETWEEN TOWNSHIP OF ORO-MEDONTE Herein called “Oro-Medonte” -AND- TOWNSHIP OF SEVERN Herein called “Severn” THE PARTIES HERETO AGREE AS FOLLOWS: WHEREAS the Township of Oro-Medonte intends to retain the Township of Severn to provide Building Inspection, Plans Review, and Technical Services on an occasional basis (h ereinafter called the “Services”) and has requested Severn to furnish professional services in connection therewith; AND WHEREAS Severn agrees to provide such services to Oro-Medont WHEREAS the Municipal Act, S.O. 2001, Section 8.(1), provides that Section 8. of the Act shall be interpreted broadly so as to confer broad authority on Municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues; AND WHEREAS the Municipal Act, S.O. 2001 (the “Act”), Section 9., provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purposes of exercising its authority under this or any other Act; NOW THEREFORE BE IT RESOLVED that in consideration of the mutual covenants contained herein, the Township of Severn agrees to provide Building Services to the Township of Oro-Medonte as follows: 1. Services That Severn agrees to provide Building Services to assist Oro-Medonte in the provision of Building Services during those times when such Serv required by Oro-Medonte and when available from Severn. 2. Staff and Methods That Severn shall administer the Ontario Building Code as set out by the Province of Ontario and shall skillfully and competently perform the Services for Oro-Medonte and shall employ only skilled and competent staff with Building Code Identification Nos. qualified to complete inspections under Section 2.16 of the Building Code who will be under the supervision of a senior member of the Oro-Medonte Staff. Page 34 of 37 7c) A By 3. Compensation That Oro-Medonte shall pay Severn in accordance with the following: (a) Fees shall be assessed on a per hour basis irrespective of staff resources utilized, at the rate of $ 75.00 per hour. (b) Disbursements as required will be billed at the actual cost and mileage will be billed at 51.5 cents per kilometer. (c) Severn agrees to invoice Oro-Medonte on a monthly basis unless a longer period is warranted based on frequency of Services provided as a by both parties. (d) Oro-Medonte agrees to pay to Severn all invoices provided wi (30) days. 4. Records and Audit (a) In order to provide data for the calculation of fees on an hourly basis, Severn shall keep a detailed record of the hours worked by staff employed for the Services provided. (b) Oro-Medonte may inspect the records of Severn with respect to any time which Oro-Medonte is required to pay on a time scale or disburse basis as a result of this Agreement. (c) Severn, when requested by Oro-Medonte, shall provide copies of receipts with respect to any disbursements for which Severn claims payment under this Agreement. 5. Changes and Alterations and Additional Services With the consent of Severn, Oro-Medonte may, in writing, at any time after the execution of the Agreement or the commencement of the Services; delete, extend, increase, vary or otherwise alter the Services forming the subject of the Agreement; and, if such action by Oro-Medonte necessitates additional staff or services, Severn shall be paid in accordance with the Compensation Clause 3. herein for such additional staff employed directly thereon, together with such expenses and disbursements as allowed under Clause 3. 6. Suspension or Termination This Agreement may be suspended or terminated by either party upon 30 days written notice to the other party. 7. Indemnification Oro-Medonte agrees to hold harmless, indemnity and defend Severn from and against any and all claim; losses, damages, liability and cost of defense arising out of or in any way connected with the provision of Services excluding only such liability as may result out of the negligence of Severn in the performance of the Services of this Assignment. 8. Insurance Severn staff shall be covered under Oro-Medonte Liability Insurance Policies and be added as an additional insured, while providing the Services of this Assignment. 2 Page 35 of 37 7c) A By 9. Notices (a) Any notice or other communication required or permitted shall be given as follows: For Oro-Medonte 148 Line 7 South, Box 100 Oro, ON L0L 2X0 For Severn 1024 Hurlwood Lane, P.O. Box 159 Orillia, ON L3V 6J3 (b) Either party to this Agreement shall, at any time, give notice in writing to the other of any change of address of the party giving such notice, and the new address specified shall be deemed to be the address of such party for the giving of future notices. IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands and seals this day of July 2012, A.D. SIGNED, SEALED AND DELIVERED The Corporation of Township of Severn _______________________________ Mayor _______________________________ Clerk-Treasurer The Corporation of Township of Oro-Medonte _______________________________ Mayor, H.S. Hughes _______________________________ Clerk, J. Douglas Irwin 3 Page 36 of 37 9a) Being a ByLaw to Confirm the Proceedings of the Speci... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2012-132 Being a By-Law to Confirm the Proceedings of the Special Council held on Thursday, July 5, 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 Special 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 Special Council Meeting held on Thursday, July 5, 2012, and in respect to each Motion, Resolution and othe 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 sa obtain approvals where required and to execute all documents as necessary on behalf of the Council of the Corporation of the Tow Medonte. 3. That the Mayor/Chair and Clerk/Designate are hereby authoriz execute and affix the corporate seal to all necessary documents. 4. And That this by-law shall come into force and take effect o thereof. TH BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 5 DAY OF JULY, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE __________________________ Mayor, H.S. Hughes __________________________ Clerk, J. Douglas Irwin Page 37 of 37