07 18 2019 Council AgendaPage
4
Tott nsh * o f
Proud Heritage, Exciting F nfre
The Township of Oro-Medonte
Council Meeting Agenda
Council Chambers
Thursday, July 18, 2019
Immediately Following the
Development Services Committee Meeting
1. Call to Order - Moment of Reflection:
2. Adoption of Agenda:
a) Motion to Adopt the Agenda.
3. Disclosure of Pecuniary Interest:
4. Minutes of Council and Committees:
3 - 5 a) Minutes of Council meeting held on Wednesday June 5, 2019.
b) Recommendations of the Development Services Committee meeting held on
Thursday, July 18, 2019.
5.
By -Laws:
6 - 7 a)
2019-059: A By-law to amend the zoning provisions which apply to lands at
Part of Lots 21 & 22, Concession 12 (Oro) Township of Oro-Medonte,2019-
ZBA-12 (Erwin).
8 - 9 b)
2019-065: A By-law to remove the Holding symbol on lands described as
follows: CON 6 W PT LOT 2 PLAN M8 PT BLK F AND RP 51 R28438 PART
1 Township of Oro-Medonte, County of Simcoe Roll # 4346-010-003-0390.
10-25 c)
2019-070: A By-law to Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the Township of Oro-Medonte and
Horseshoe Bluffs Inc. described as lands as follows: PCL 1-10 SEC 51 -
MED -3; PT E1/2 LT 1 CON 3 MEDONTE PT 1 & 17, 51 R32830; S/T PT 1,
51 R32830 AS IN LT236559; S/T PT 17, 51 R32830 AS IN SC355380; T/W
PT 2, 10, 11, 12, 13, 15 & 18, 51 R32830 AS IN SC341583; T/W PT 21,
51 R32830 AS IN RO1468599; T/W SC355380; S/T SC341587, ORO-
MEDONTE AS IN SC1471158 - Withdrawn.
6.
Closed Session Items:
None.
Page 1 of 26
Council Meeting Agenda - July 18, 2019
7. Confirmation By -Law:
26 a) 2019-067: Being a By -Law to Confirm the Proceedings of the Council
Meeting held on Thursday, July 18, 2019.
8. Adjournment:
a) Motion to Adjourn.
Page 2 of 26
4.a) Minutes of Council meeting held on Wednesday June 5, 2019.
.'-1 L
— 9
Tnwruhip of
Proud Heritage, Exciting Future
Wednesday, June 5, 2019
The Township of Oro-Medonte
Council Meeting Minutes
Council Chambers
2018-2022 Council
Present: Mayor H.S. Hughes
Deputy Mayor Scott Jermey
Councillor Ian Veitch
Councillor Scott Macpherson
Councillor Cathy Keane
Councillor Shawn Scott
Councillor Randy Greenlaw
Time: 6:55 p.m.
Staff Andria Leigh, Director, Development Services; Janette Teeter,
Present: Supervisor, Clerk's Services/Deputy Clerk
.Amobbi., % I
N%%
1. Call to Order - Moment of Reflection
MR
Mayor H.S. Hughes assumed the Chair and called the meeting to order.
2. Adoption of Agend;
a) Motion to Adopt the
Motion No. C190605-1
Moved by Keane, Seconded by Macpherson
Be it resolved that the agenda for the Council meeting of Wednesday, June 5, 2019 be
received and adopted.
3. Disclosure of Pecuniary Interest:
None declared.
Carried.
Page 1 of 3
Page 3 of 26
4.a) Minutes of Council meeting held on Wednesday June 5, 2019.
Council Meeting Minutes — Wednesday, June 5, 2019.
4. Minutes of Council and Committees:
a) Minutes of Council meeting held on Wednesday May 1, 2019.
Motion No. C190605-2
Moved by Scott, Seconded by Greenlaw
Be it resolved that the draft minutes of the Council meeting held on Wednesday,
2019 be received and adopted as printed and circulated.
4K
b) Recommendations of the Development Services Committee meeting held on
Wednesday, June 5, 2019. IdNEW
Motion No. C190605-3
Moved by Veitch, Seconded by Macpher;
May 1,
Carried.
Be it resolved that the recommendations of the Development Services Committee meeting
held on Wednesday, June 5, 2019 be ad04% opted.
Carried.
4
5. Confirmation By -Law:
a) By -Law No. 2019-049: Being a By -Law to Confirm the Proceedings of the Council
Meeting held on Wednesday, June 5, 2019.
Motion No. C190605-4 ' %k N
Moved by Scott, Seconded by Greenlaw
Be it resolved that By -Law No. 2019-049: Being a by-law to confirm the proceedings of the
Council meeting held on Wednesday, June 5, 2019 be read a first, second and third time,
passed, be engrossed by the Deputy Clerk, signed and sealed by the Mayor.
Carried.
Page 2of3
Page 4 of 26
4.a) Minutes of Council meeting held on Wednesday June 5, 2019.
Council Meeting Minutes — Wednesday, June 5, 2019.
6. Adjournment:
a) Motion to Adjourn.
Motion No. C190605-5
Moved by Veitch, Seconded by Macpherson
Be it resolved that we do now adjourn at 6:57 p.m.
Carried.
k4
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
■
Page 3of3
Page 5 of 26
5.a) 2019-059: A By-law to amend the zoning provisions which apply to la...
The Corporation of the Township Of Oro-Medonte
By -Law No. 2019-059
A By-law to amend the zoning provisions which apply to lands at
Part of Lots 21 & 22, Concession 12 (Oro)
Township of Oro-Medonte
2019-ZBA-12 (Erwin)
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 Sections 34 of the Planning Act,
R. S.O. 1990, c. P.13;
And Whereas Council deems it appropriate to rezone the subject lands.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. Schedule 'A6' to Zoning By-law 97-95, as amended, is hereby further
amended by changing a portion of the zone symbol applying to the lands
located in Part of Lots 21 & 22, Concession 12 (Oro), Township of Oro-
Medonte, from the Agricultural/Rural (A/RU) Zone to the Environmental
Protection (EP) Zone and Agricultural/Rural Exception 298 (A/RU*298) Zone,
as shown on Schedule "A" attached and forming part of this By-law.
2. Section 7.0 — is hereby further amended by adding the following subsection:
"7.298 *298 — The provisions of Section 5.27- Lands Adjacent to
Environmental Protection Zone, shall not apply to lands adjacent to the lands
denoted by the symbol *298* on the schedule to this by-law."
3. Schedule "A" attached to By-law No. 2019-059 is declared to form a part of
this By-law. Ift 110h, I"
4. This By-law shall come into effect upon the date of passage hereof, subject to
the provisions of the Planning Act, as amended.
By -Law read a First, Second and Third Time, and Passed this 18th Day of July,
2019.
The Corporation of The Township Of Oro-Medonte
-X,40
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 6 of 26
5.a) 2019-059: A By-law to amend the zoning provisions which apply to la...
Schedule "A"
To By -Law No. 2019-059
The Corporation of the
Township of Oro-Medonte
From Agricultural/Rural (A1RU) Zane
To AgriculturallRural Exception 298 (AIRU`298) Zone
From Agricuttural/Rural (A1RU) Zane
To Environmental Protection (EP) Zone
This is schedule "A" to By -Law 2019-059
passed the 18th day of July, 2019
Mayor
Deputy Clerk
H.S. Hughes
J. Teeter
Township of Oro-Medonte
(Application 2019-ZBA-12)
Page 7 of 26
5.b) 2019-065: A By-law to remove the Holding symbol on lands described ...
The Corporation of The Township of Oro-Medonte
By -Law No. 2019-065
A By-law to remove the Holding symbol
On lands described as follows:
CON 6 W PT LOT 2 PLAN M8 PT BLK F AND RP 51 R28438 PART 1
Township of Oro-Medonte, County of Simcoe
Roll # 4346-010-003-03900
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 above noted lands 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.
By-law Read a first, second and third time, and passed this 18th day of July,
2019. -jr—moRiq
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 8 of 26
5.b) 2019-065: A By-law to remove the Holding symbol on lands described ...
Schedule "A"
To By -Law No. 2019-065
The Corporation of the
Township of Oro-Medonte
MLands Subject To Removal of Holding (H) Symbol
This is Schedule "A" to By -Law 2019-065
passed the 18th day of July, 2019
Mayor
H.S. Hughes
Deputy Clerk
J. Teeter
Township of Oro-Medonte
(Application 2019-ZBA-10)
Page 9 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
The Corporation of The Township of Oro-Medonte
By -Law No. 2019-070
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte and
Horseshoe Bluffs Inc.
described as lands as follows:
PCL 1-10 SEC 51 -MED -3; PT E1/2 LT 1 CON 3 MEDONTE PT 1 & 17,51R32830; S/T
PT 1, 51R32830 AS IN LT236559; S/T PT 17, 51R32830 AS IN SC355380; T/W PT 2,
10, 11, 12, 13, 15 & 18, 51 R32830 AS IN SC341583; T/W PT 21, 51 R32830 AS IN
RO1468599; T/W SC355380; S/T SC341587; ORO-MEDONTE
AS IN SC1471158
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. 2019-056, 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. 2019-056;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That By-law No. 2012-041, being a By-law to enter into a Site Plan Agreement, be
repealed;
2. That the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "A",
3. That 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;
4. That the attached Appendix "A" and Schedules "A, B, C and D" shall form part of this
By -Law;
5. That this By -Law shall take effect on the final passing thereof
By-law read a first, second, and third time, and passed this 18th day of July, 2019.
The Corporation of The Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, J. Teeter
Page 10 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
HORSESHOE BLUFFS INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
PCL 1-10 SEC 51 -MED -3; PT E1/2 LT 1 CON 3 MEDONTE PT 1 & 17,51R32830; S/T
PT 1, 51R32830 AS IN LT236559; S/T PT 17, 51R32830 AS IN SC355380; T/W PT 2,
10, 11, 12, 13, 15 & 18, 51 R32830 AS IN SC341583; T/W PT 21, 51 R32830 AS IN
R01468599; T/W SC355380; S/T SC341587; ORO-MEDONTE
AS IN SC1471158
July 18, 2019
By -Law No. 2019-070
Page 11 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Section 1
Covenants by the Owner
Section 2
Covenants by the Township
Section 3
Development Restrictions
Section 4
Development Changes
Section 5
Security
Section 6
Compliance
Section 7
Co-operation
Section 8
Binding Effect
Section 9
Severability of Clauses
Section 10
Save Harmless
SCHEDULES
Schedule "A"
Legal Description of Lands
Schedule "B"
Deeds and Easements to be Conveyed
Schedule "C"
Itemized Estimate of Cost of Construction
Schedule "D"
Parkland
2
Page 12 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 18th day of July 2019, in accordance with Section
41 of the Planning Act.
HORSESHOE BLUFFS INC.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 13
residential townhouse units 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 Drawings,
Details, Reports and Specifications identified herein Section 3.a);
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as follows:
Page 13 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
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 acknowledges and agrees that the lands are subject to the payment of
development charges in accordance with the Township of Oro-Medonte, County of
Simcoe, Simcoe County District School Board, and Simcoe Muskoka Catholic
District School Board Development Charges By-laws in effect at the time of
payment. Development Charges are payable prior to the issuance of a Building
Permit.
g) The Owner acknowledges and agrees that the lands are subject to the payment of
cash -in -lieu of lands for park purposes. Cash in lieu of lands for parks purposes is
payable prior to the issuance of a Building Permit in accordance with Schedule 'D' to
this Agreement.
h) 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. The Owner shall replenish the refundable deposit, to its full amount, when
the expenses and actual costs are submitted by the Township.
The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "B", 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.
The Owner agrees to construct a sanitary sewer connection on the Lands to the
private communal sanitary sewer in accordance with the Site Servicing Plan and in
accordance with the Ontario Building Code, where applicable.
k) The Owner agrees to construct a watermain connection on the Lands to the private
communal water system in accordance with the Site Servicing Plan and in
accordance with the Ontario Building Code, where applicable.
1) The Owner acknowledges that the lands do not front on an improved public road,
that the Township does not or is not required to maintain or snowplow the said road,
Page 14 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
that the Township will not take over or assume the private road as a Township
public road or street unless it has been built according to the Township standards,
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.
m) The Owner acknowledges that the Township of Oro-Medonte accepts no criminal
or civil liability for any delay or inability to supply fire fighting services due to the
lands not having frontage on an improved public road or due to the existence of
any conditions, environmental factors or constraints that may impede emergency
access to the lands.
n) The Owner acknowledges and agrees that the roads, water, sanitary sewers and
storm sewer services, as well as the water meters on the Lands are privately owned
and the responsibility for the maintenance of these services are the Owner of the
Lands and the individual condominium corporation(s).
o) The Owner understands and agrees that all of the works required by this
agreement shall be completed within three (3) years of the date of execution of
this agreement.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a 13 -unit residential townhouse
development 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 in accordance with the Drawings, Details,
Reports and Specifications identified herein Section 3.a) and 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 Plans
The use and development of the subject lands shall be in accordance with and as
set out on the Drawings, Details, Reports and Specifications listed below:
i) Site Plan, Dwg. SP -1, Counterpoint Engineering Inc., July 2014, Rev.
ii) Notes & Details, Counterpoint Engineering Inc., July 2014, Rev.
iii) Erosion & Sediment Control Plan, Counterpoint Engineering Inc., July 2014,
Rev.
iv) Site Servicing Plan, Counterpoint Engineering Inc., July 2014, Rev.
V) Site Grading Plan, Counterpoint Engineering Inc., July 2014, Rev.
vi) Cross Sections, Counterpoint Engineering Inc., July 2014, Rev.
vii) Landscape Plan, Dwg. L-1, MHBC Planning, January 2018, Rev.
viii) Landscape Details, Dwg. L-1, MHBC Planning, January 2018, Rev.
ix) Horseshoe Valley WWTP Assessment Update, Jacobs Engineering
September 28, 2018
X) Heights of Horseshoe Phase 2 Water Demand/Supply Analysis, WMI
Associates Ltd., December 7, 2018
xi) Heights of Horseshoe Phase 2 Water Demand/Supply Analysis Addendum,
WMI Associates Ltd., May 1, 2019
b) Lighting
All on-site exterior lighting shall be L.E.D., directed downward and internal to the
Page 15 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
site and shall be in accordance with "Dark Sky Friendly" lighting design.
Designs must show that fixtures have no up light focus. As per Township of
Oro-Medonte Development Engineering Policies, Process and Design Standards
- Section 3.21.9 — Site Lighting
C) Parking Areas and Driveways
All parking areas and driveways shall be constructed as per Township of
Oro-Medonte Development Engineering Policies, Process and Design Standards
- Section 3.21.11 — Driveways and Parking Areas / Lots.
All driveways and internal fire routes shall be required to satisfy Fire Access
Route Design as per OBC 3.2.5.6. Parking areas, loading, and access areas shall
be kept free and clear of snow and ice and kept adequately drained.
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 in Drawings, Details, Reports and Specifications listed under Section
3.a) herein.
e) Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and waste, as
shown on the Site Plan Drawings, Details, Reports and Specifications, 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.
f) Garbage Collection
The Owner acknowledges and agrees that due to the site layout or location on a
private road, waste collection for the development will be provided by the
condominium corporation through a private contractor and not by the County of
Simcoe.
g) Snow Removal
The Developer covenants and agrees that snow accumulated in snow storage
areas shall be trucked off-site as required in order to ensure that snow does not
encroach on property of the Township/County, or adjacent lands or become a visual
barrier to vehicles or a physical barrier impeding traffic flows, parking or emergency
service vehicle movement on the said lands or adjacent lands.
h) Landscaping
The Owner shall complete all landscaping and landscaped areas shown on the
Drawings, Details, Reports and Specifications listed under Section 3.a) herein, as
soon as weather permits, and all grading and sodding required, according to any
Engineering drawings submitted, shall be done on all lawn areas.
Erosion and Siltation Control
The Owner shall take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., and prevent the migration of all
silt, sediment and deleterious materials within the Site Plan, and downstream prior
to and during construction. The Owner agrees to maintain all erosion and siltation
control devices in good repair until vegetative cover has been successfully
established.
Page 16 of 26
k)
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
Storm Drainaae
The Owner agrees to repair and forever maintain any storm drainage system
located on the Lands, including but not limited to sewers, ditches and oil
separators.
Conservation Authority
The Owner shall implement to the satisfaction of the Nottawasaga Valley
Conservation Authority, the approved grading, sedimentation and erosion control
plans, and stormwater management plans.
Canada Post
The Owner agrees to provide the Township with evidence that satisfactory
arrangements have been made with Canada Post Corporation for the installation
of Community Mail Boxes as required by Canada Post Corporation. The Owner
further agrees to provide notice to prospective purchasers and or tenants of the
location of the Community Mail Boxes and that mail delivery will be provided via
Community Mail Boxes provided the Owner has paid for the activation of the
equipment and installation of the Community Mail Boxes.
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 "C" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of fifty percent (50%) of the estimated cost of works being
carried out internal to the lands and one hundred percent (100%) of the estimated
cost of any said work being carried out external to the lands, as approved by the
Township's Engineering Consultant, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with the
requirements of Schedule "C", with an automatic renewal clause in the amount of
fifty percent (50%) of the estimated cost of works being carried out internal to the
lands and one hundred percent (100%) of the estimated cost of any said work being
carried out external to the lands, as approved by the Township's Engineering
Consultant. 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 Consulting
Engineer shall submit an estimate of the cost of the works to the Township's
Engineering Consultant for approval. When the cost estimate has been approved, it
will be set out in Schedule "C" 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 and works prescribed by this Agreement.
Page 17 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
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) days
notice, its intent to draw down on the security or deposit.
The Owner understands and agrees that all of the Works required by this Agreement shall
be completed within three years of the date of approval of the site plan by the Director of
Development Services.
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 title.
9. SEVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub -contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter of
such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub -contractors.
Page 18 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
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 this 18th day of July, 2019.
OWNER: Horseshoe Bluffs Inc.
Per: (signature)
Name: (print)
Position: (print)
I have authority to bind the corporation
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
H.S. Hughes, Mayor
7
Per:
J. Teeter, Deputy Clerk
Page 19 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Horseshoe Bluffs
Inc.
LEGAL DESCRIPTION OF LANDS
PCL 1-10 SEC 51 -MED -3; PT E1/2 LT 1 CON 3 MEDONTE PT 1 & 17,51R32830; S/T
PT 1, 51R32830 AS IN LT236559; S/T PT 17, 51R32830 AS IN SC355380; T/W PT 2,
10, 11, 12, 13, 15 & 18, 51 R32830 AS IN SC341583; T/W PT 21, 51 R32830 AS IN
RO1468599; T/W SC355380; S/T SC341587; ORO-MEDONTE
AS IN SC1471158
10
Page 20 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Horseshoe Bluffs
Inc.
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for the parties
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered shall be prior approved by the solicitor for the Township
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
SCHEDULE "C"
m
Page 21 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Horseshoe Bluffs
Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
:11Ll cc] ILlI:11 :11NILlMVITM NrM9
Cost Estimate for SPA
Heights o1 Horseshoe - Phase 2 Townhouses
CPE File No.: 13085 c o u n t e r p,o i n t ►
July 10. 2019 I 1
1Z
Site Servicino Warks
Item IDescription
I Quantity I
Unit
I
Rate
I Total
WatermaIn & Appurtenances
1
Supply and install walermain and appurtenances
a)
Unit Service Connection
13
each
S
1,060.00
§ 13,000.00
b)
I6Dmm diameter PVC watermaIn
205
m
5
150.00
5 30.750.00
2
Supply and install watermain plug and blowoff
C)
150mm diameter plug with 50mm blow -011
1
each
$
1;560.00
$ 1,500.00
3
Supply and install curb slop
a)
25mm diameter
13
each
$
350.00
$ 4,550.00
4
Supply and Install flre hydrant and valve
1
each
5
4.500.00
5 4,500.00
5
Supply and install sampling station-
1
each
$
1,500.00
$ 1,500.00
b
Connections
Connect proposed 150mm dia. PVC watermain to existing 2DOmm dia-
a)
watermain with lapping sleeve and valve.
2
each
S
1.500.00
$ 3.000.00
7
Com plate tastinglcommissioning of water system
i
LS.
$
2,000.00
$ 2,000.00
Storm Sewers & Appurtenances
1
Supply and install storm sewer and appurtenances
a)
250mm diameter PVC storm sewer
10
m
$
140.00
$ 1,400.00
b)
300mm diameter PVC storm sewer
18
m
5
155.00
5 2.790.50
2
Supply and install maintenance hole
a)
1500mm diameter
2
each
5
5,500.00
$ 11;000.00
3
Supply and install calchbasin manholes
a)
1500mm diameter
3
each
$
5,550.00
S 16,500.00
4
Supply and Install ail grit separator (STC300D)
1
each
S
75.000.00
5 75.000.00
5
Supply and install Infiltration basin
a)
North Basin - Granular Storage
90
m'
S
225.00
S 20.250.00
b)
North Basin - Cu@ec Chambers (VSIHDl
27
M3
S
400.00
S 10.800.00
c)
South Basin - Granular Storage
214
M5
$
225.00
S 48,150.00
b)
South Basin - Cuttec Chambers (VSIHID}
105
m3
S
400.00
S 42,005.00
6
Supply and install 300 mm dia. culvert
30
m
$
175.00
$ 5,250.00
Sanitary Sewers & Appurtenances
1
Supply and install sanitary sewer and appurtenances
a)
Unit Service Connection
13
each
S
1,050.00
$ 13,000.00
b)
200mm diameter PVC sanitary sewer
121
m
S
165.00
S 19.965.00
2
Supply and Install maintenance hole
a)
1500mm diameter sanitary MH
5
each
S
5.500.00
3 27.500.00
3
Connections
Connect proposed manhole to existing 200mm dia. PVC sanitary.
a)
Bench and parge t0 suit.
i
each
$
1.000.00
$ 1.000.00
Site Servicing Total:
$ 355,405.00
12
Page 22 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
Site PavinolGradino Works
I Item Inescription I
Quantity
I Unit
I
(Yate I
Total I
1
Construct pavement structure
Landscape Estimate for Letter of Credit
$
Date:
April 13, 2018
Subtotal3.r):
aJ
Supply.+placelcompact 300mm - Granular B Type 1 Sub -base
1,290
m`
$
13.50
$ 17,415.00
bj
Supplylp3aoelcompact 1 50m - Granular A
1,290
m=
$
7.00
$ 9,039.00
c)
Supplylpacelcompact 50mm HL8_Base Course Asphalt_OPSS 1150
1.080
m=
S
11.00
S 11.880.00
dj
Suppylpacelcompaid 40mm HL3_Top Course Asphalt_OPSS 1150
1.080
m2
S
8.00
5 8.640.00
2
300mm dla. rip -rap underline with terrafix 270R 111ter fabric
47
m'
S
200.00
S 9.400.00
3
Concrete pad for sampling station
1
m7
$
110.00
$ 110.00
4
Construct concrete outlets (OPS❑ 605.040)
3
each
S
500.00
5 1,500.00
Construct barrier curb. Including granular base (abutting building aprons
22.610.00
5
and site)
320
m
$
75.00
$ 24,000.00
6
Step pint
40
m
$
20.00
$ 800.00
7
Retaining wall (Terrasteep 90 or approved equivalent)
140
m2
S
150.00
S 21;000.00
8
Railing on Retaining WaIVEngineered Slope
82
m
$
175.00
$ 14,350.00
9
Engineered Slaps (Tenaslope 45 or approved equivalent)
110
m2
$
125.00
$ 13,750.00
10
Landscaping (refer to detailed estimate provided by MHBC;
1
L. S.
S
48.742.00
S 48.742.00
Site PavementlGrading
Total
$ 180,617.90
TOTAL WORKS
$ 536,022.00
LANDSCAPING WORKS
ESTIMATE OF LANDSCAPE COSTS
Project: HEIGHTS OF HORSESHOE
2.1 Sodding and Fine Grading 2,751 m2
PHASE 2 TOWNHOUSES
7.00
Proj. No:
17402C
$ 26,801.10
Sub -total
Issue:
Landscape Estimate for Letter of Credit
$
Date:
April 13, 2018
Subtotal3.r):
ITEM
$ 2,875.00
DESCRIPTION
$
QTY
UNIT
UNIT PRICE
EST. COST
1.0
Private Property Planting
Total Casts:
$ 48.742.00
1.1
Deciduous Trees
21
each
$ 550.00
$
11,550.00
1.2
Coniferous Trees
12
each
$ 575.00
$
6.900.00
1.3
Deciduous Shrubs
65
each
$ 40.00
$
2,600.00
1.4
Coniferous Shrubs
39
each
$ 40.00
$
1,560.00
Subtotal 1.0:
$
22.610.00
2.1 Sodding and Fine Grading 2,751 m2
$
7.00
$ 19,257.00
Subtotal 2.0.-
$ 26,801.10
Sub -total
$ 19.257.00
3.1 Concrete Sidewalk 23 m2
$
125.00
$ 2.975.00
Subtotal3.r):
$ 2,875.00
4.1 Garbage Enclosure 16 m
$
250.60
$ 4.000.00
Subtotal -3.0:
$ 4.000.00
Total Casts:
$ 48.742.00
1. ITEMIZED ESTIMATE of CONSTRUCTION COSTS
Engineering Works
$536,022.00 x 50%
$268,011.00
10% Contingency
$ 26,801.10
Sub -total
$294,812.10
13% HST
$ 38,325.57
Sub -total
$333,137.67
Landscaping Works
$ 48,742 x 50% $ 24,371.00
10% Contingency $ 2,437.10
Sub -total $ 26,808.10
13% HST $ 3,485.05
Sub -total $ 30,293.15
TOTAL $363,430.82
13
Page 23 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
LETTERS OF CREDIT
AMOUNT
Letter of Credit or cash to be provided by the $363,430.82
Owner to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
14
Page 24 of 26
5.c) 2019-070: A By-law to Authorize the Execution of a Site Plan Contro...
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Horseshoe Bluffs
Inc.
Cash -in -lieu of Parkland
$2,000.00 x 13 dwelling units = $26,000.00
Payable prior to the issuance of a Building Permit at the rate of $2,000.00 per dwelling
unit.
15
Page 25 of 26
Ta) 2019-067, Being a By -Law to Confirm the Proceedings of the Council ...
The Corporation of the Township of Oro-Medonte
By -Law No. 2019-067
Being a By -Law to Confirm the Proceedings of the Council Meeting held on
Thursday, July 18, 2019
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 Thursday, July 18,
2019, and in respect to each Motion, Resolution and other actions passed and
taken by the Council at its said Meeting is, except where prior approval of the
Ontario Municipal Board is required, hereby adopted, ratified and confirmed.
2. That the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro-
Medonte. Ilk _4411616, IqII&
3. That the Mayor/Chair and Clerk/Designate 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. VL
By -Law Read a First, Second and Third time, and Passed this 18th day of July,
2019.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 26 of 26