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04 28 2021 Council Agenda The Township of Oro-Medonte s 4 �� Council Meeting Agenda �-+- Electronic Meeting Township o� Wednesday, April 28, 2021 Proud Heritage,Exciting Future 9:00 a.m. - Open Session Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte facilities including the Administration Centre were closed to the public. We will continue to offer services online and over the telephone. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: To Request to Participate in Open Forum, complete the form and review the Protocols for Public Participation at the following links: o Request for Public Participation Form • Protocols for Public Participation Council and IDS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Call to Order - Moment of Reflection: The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] Page 1 of 187 Council Meeting Agenda - April 28, 2021 nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri- Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Adoption of Agenda: 5 - 8 a) Motion to Adopt the Agenda. [Addenda] 3. Disclosure of Pecuniary Interest: 4. Closed Session Items: None. 5. Minutes of Council and Committees: 9 - 21 a) Minutes of Council meeting held on Wednesday, April 14, 2021. 22 - 50 b) Minutes of Heritage Committee meeting held on Monday, April 19, 2021. 6. Recognition of Achievements: None. 7. Public Meetings: None. 8. Deputations/Presentations: 51 - 52 a) 9:00 a.m. Deputation by Paul Mondell, Senior VP of Development, Skyline Investments Inc. re: Skyline Water and Wastewater Services, Relationship Information between Skyline and the Township of Oro-Medonte [Refer to Item 11 a)]. 9. Open Forum: The Open Forum provides an opportunity for the public to provide verbal comments to Council, in Open Session, on matters scheduled on the current Page 2 of 187 Council Meeting Agenda - April 28, 2021 agenda. Refer to Procedural By-Law No. 2017-165 for additional information. 10. Reports of Municipal Officers for Action: 53 - 64 a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Communications re: Internet Connectivity Task Force (ICTF) Update. 65 - 70 b) DS2021-53, Andria Leigh, Director, Development Services re: Subdivision Agreement 1157391 Ontario Inc. (ANT Homes) East Oro Estates, Pt Lot 16, Concession 11 (Oro), Application: 2018-SUB-02 [Refer to Item 17a)]. 71 - 74 c) OCS2021-10, Justin Metras, Manager, Infrastructure and Capital Projects re: Award of Tender OCS2021-006 — Line 4 Walkway— Horseshoe Valley Road to Highland Drive. 75 - 100 d) OCS2021-11, Brad Robinson, Infrastructure and Capital Projects Coordinator re: Line 4 North Hydro Easements. 101 - 109 e) OCS2021-12, Shawn Binns, Director, Operations and Community Services re: Line 9 North Horseshoe Valley Road South to Dead End — Speed Limit Reduction. 110 f) Tamara Obee, Manager, Human Resources/Health & Safety re: Township of Oro-Medonte Health and Safety Policy Statement, POL-HS-2-01-01, as amended. 11. Reports of Municipal Officers for Information Only: 111 - 115 a) ES2021-2, Michelle Jakobi, Acting Director, Environmental Services re: Township Administration of Skyline Billing for Private Water & Wastewater Services in Horseshoe Valley. 116 - 121 b) DS2021-52, Garry McCartney, Chief Building Official re: Building Division Activity, January-March Quarterly Stats Update 2021. c) Robin Dunn, CAO re: Update on COVID-19 Actions - Withdrawn. 12. Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. Provides an opportunity for the Township's representatives at the County of Simcoe, and the Council members appointed as the Township's representatives at the Township's Partners and Agencies, to deliver updates on the activities of the County of Simcoe and the Township's Partners and Agencies. 13. Announcements: 14. Consent Agenda: Page 3 of 187 Council Meeting Agenda - April 28, 2021 122 - 123 a) Announcements of Interest to the Public: 1. Township of Oro-Medonte, re: 2021 Street Sweeping. 124 - 129 b) Township of Oro-Medonte correspondence dated April 15, 2021 per response to correspondence dated April 2, 2021 from Debbie Palmer re: Clear Cutting Development. Staff Recommendation: Receive for Information Only. 130 - 131 c) Correspondence received April 22, 2021 from Anil Arora, Chief Statistician of Canada, Statistics Canada / Government of Canada re: 2021 Census. Staff Recommendation: Receive, Support and Communicate Accordingly. 15. Communications/Petitions: None. 16. Notice of Motions: None. 17. By-Laws: 132 - 186 a) 2021-051: A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Braestone Development Corporation. 18. Closed Session Items (Unfinished Items): None. 19. Confirmation By-Law: 187 a) 2021-054: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, April 28, 2021. 20. Adjournment: a) Motion to Adjourn. Page 4 of 187 2.a) Motion to Adopt the Agenda. I MAd HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION Helping to make Horseshoe Valley an even better place to live ,a L LOO April 27, 2021 Mayor Harry Hughes and Members of Council Township of Oro-Medonte Cc: Yvonne Aubichon, Clerk Re: Agenda Item 11 a) Township Administration of Skyline Billing for Water & Wastewater Services in Horseshoe Valley Dear Mayor Hughes and Members of Council: The Staff Report for the subject issue focusses on the advantages and disadvantages of the current billing arrangement, in accordance with the motion that was approved by Council at its March 10th, 2021 meeting. When Councillor Scott raised the subject during that meeting, he made reference to the fact that he and some of his colleagues were new to council and not as familiar with the history behind Horseshoe Valley's water &wastewater treatment systems. I believe it would help to provide a summary of that history and, to that end, have prepared the "Brief Chronological History" below. I will also be making a few remarks about this summary during tomorrow's Open Forum. A BRIEF, CHRONOLOGICAL HISTORY OF THE DEVELOPMENT OF HORSESHOE VALLEY WATER &WASTE WATER TREATMENT SYSTEMS When residential development began around Horseshoe Resort in the late 1960's, water was supplied to residents by Horseshoe Resort. The initial development straddled two townships: Medonte, on the north side of Horseshoe Valley Road and Oro, on the south side where the Resort is located. In order to assert municipal control and guarantee water rights, particularly the continuous supply of domestic water to homeowners, the Township of Medonte and Horseshoe Resort signed the Water Rights Guarantee Agreement (WRGA) on May 23, 1980. The WRGA noted that the "wells...., the mains from the wells, pumps and storage reservoir traverse land owned by Horseshoe Valley in the Township of Oro". It also entitled Medonte to register easements HVPOA 4 Highland Drive, Oro-Medonte, Ontario LOL 21-0 Page 5 of 187 2.a) Motion to Adopt the Agenda. HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION 'a Helping to make Horseshoe Valley an even better place to live permitting Township access to those system components for maintenance, repair and ensuring a continued supply of water to Medonte residents; these were registered in the Land Registry Office in Barrie in July 1981. On October 12, 1982, the Township of Medonte passed a by-law to assume ownership of all water mains, hydrants, the booster pumping station and other related equipment serving residential lots in their township. The WRGA was amended to establish a Reserve Fund and to lease the system to the Resort for$1.00/year and they, in exchange, agreed to operate, maintain, repair and insure the system. In 1989, residential development began in the Horseshoe Highlands which became known as "Zone 2" for the purposes of water supply. The Township of Oro executed an agreement with Horseshoe Resort for easements to the wells and pumphouse which would serve this area and were located on privately-owned Resort lands, and the Highland Drive elevated water storage tower was built in 1990. This agreement and easements were also registered in the Barrie Land Registry Office for both Zone 1 and Zone 2. On Tuesday, October 22, 2002, Horseshoe Resort Corporation Ltd. submitted an application to the Ministry of the Environment (MOE) to have the Zone 1 drinking water system designated as a Non-Municipal Full Year Residential drinking water system. The MOE made this designation based on information provided by the Resort in that application, including a statement that the Township of Oro-Medonte had consented to this change. Further information provided to the MOE in 2010 by the current owners of the Resort perpetuated the categorization of Zone 1 as a Non-Municipal (private) system. There are three different types of wastewater treatment (WWT) services for Horseshoe Valley residents. Approximately 100 homes rely on communal tile beds which are operated and maintained by the Township but located on Resort lands; app. 550 homes have private septic systems; and app. 265 homes (including 67 units at Copeland House) are served by the Skyline WWT plant. The Skyline WWT also serves over 500 resort units at Horseshoe Resort and the Carriage Hills/Carriage Ridge Resorts. I understand that, in late 2013 through early 2014, Carriage Hills and Carriage Ridge Resorts began to question the high rates they were being charged for WWT service by Skyline and, at some point, stopped paying these bills. Discussions ensued between Skyline and the Township about potential measures to address this problem, since Skyline was also providing WWT service to numerous other users in the area, particularly in the "Landscapes" development. On May 21, 2014, the Township passed a by-law and executed the Municipal Capital Facilities Agreement with Skyline/Horseshoe Resort. This Agreement and by-law: • designated the Skyline wastewater treatment (WWT) plant as a municipal capital facility; HVPOA 4 Highland Drive, Oro-Medonte, Ontario LOL 21-0 Page 6 of 187 2.a) Motion to Adopt the Agenda. HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION Helping to make Horseshoe Valley an even better place to live • provided Council unfettered discretion to set/enact fees and charges for the WWT services provided to residents by the Resort's system; • established that the Township will collect all related fees and charges from users and laid out which portions thereof would be retained by the Township (reserve and admin costs) and remitted to Skyline (operating and admin costs); and • required Skyline to complete improvements to the system which were required by the Ministry of Environment, Conservation & Parks. The Township commenced billing for Skyline WWT services in Q3 of 2014 and in Q4 an increase of more than 50% occurred, a portion of which was aimed at operating deficit recovery for Skyline. On October 7, 2014, the Township and a group of developers (the landowners' group) entered into an Agreement to develop a Master Servicing Plan for water, wastewater treatment and transportation services for the Horseshoe-Craighurst Corridor. The agreement was confirmed in a by-law passed on November 12t", 2014. On December 19, 2014, a solicitor representing Skyline Horseshoe Valley Inc. registered an application to delete 3 separate Notice Agreements (easements) relating to water & wastewater system components. These included deleting only a portion of the easement dealing with water system components, namely, the portion dealing with Zone 1 supply components. Other portions of the same easement pertaining to Zone 2 remain in effect. The Safe Drinking Water Act distinguishes between municipal and non-municipal systems. Regardless whether the system or any of its components are municipally or privately owned, the Act requires that affected users be notified if any municipal system or part thereof is to be replaced with a non-municipal system/part. It is not clear if Zone 1 users were ever informed of the Resort's October 2002 application to designate their drinking water system as "non- municipal" or the December 19, 2014 application to delete the portion of the easement described above. In May 2015, Notice of Commencement of the Horseshoe-Craighurst Corridor Master Services Plan was posted on the Township's website. On October 14, 2015, Skyline presented its 2016 WWT Plant Operating Plan and a further increase in rates was announced, over and above the 50% increase enacted just one year prior. From then until April 2016, a HVPOA residents' group met with and asked questions of Skyline and the Township numerous times, in an attempt to understand the basis for the increases since various discrepancies were noted by the resident's group in the information that Skyline had provided. A number of those questions remain unanswered to this day. In late spring 2016, the Township engaged KPMG to study water & wastewater rate structures and amounts. KPMG presented its recommendations regarding rate structure to an Open HVPOA 4 Highland Drive, Oro-Medonte, Ontario LOL 2L0 Page 7 of 187 2.a) Motion to Adopt the Agenda. HORSESHOE VALLEY PROPERTY OWNERS ASSOCIATION Helping to make Horseshoe Valley an even better place to live Session of Council on January 9, 2017. Staff reported back with recommended new, increased water charges on March 22, 2017. Further discussions ensued including a PIC on April 10 and an HVPOA deputation to Council April 22, 2017. New charges that did not incorporate key recommendations in our deputation, which would have reduced the amount of increase, were implemented effective July 1, 2017. The HVPOA, on behalf of all Horseshoe Valley residents, has always supported and advocated for full municipal ownership and control of both water &wastewater treatment systems. Although the Master Servicing Plan approved in 2019 promotes expansion of Skyline's privately-owned WWT system, we continue to hope that, at some point in future, the Township will assume ownership of it as they are doing for other systems being built by developers elsewhere in Oro-Medonte to support new subdivisions. In the interim, the 2014 Municipal Capital Facilities Agreement, which designates the Skyline WWT system as a municipal capital facility, was an important step towards enhanced municipal control of this basic utility upon which so many current and future residents rely. We are not challenging the on-going water and WWT rates that have already been approved. Rather, transparency and accountability are the HVPOA's overriding interests in the on-going and any future discussions concerning Horseshoe Valley's Water and Wastewater Treatment systems. We will always support all efforts taken by Council to continue along the path towards full municipal ownership and control, and hope that this summary of the history is helpful for newer Council members in this regard. 11"� Sonia Faryna Vice-President, HVPOA HVPOA 4 Highland Drive, Oro-Medonte, Ontario LOL 2L0 Page 8 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . The Township of Oro-Medonte Tawnshipof Council Meeting Minutes Electronic Meeting Proud Heritage,Exciting Future Wednesday, April 14, 2021 9:00 a.m. 2018-2022 Council Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane Councillor Shawn Scott Councillor Randy Greenlaw IJA Staff Robin Dunn, Chief Administrative Officer; Yvonne Aubichon, Clerk; Andria Present: Leigh, Director, Development Services; Donna Hewitt, Director, Corporate Services; Shawn Binns, Director, Operations and Community Services; Shannon Johnson, Director, Finance/Treasurer; Hugh Murray, Director, Fire & Emergency Services/Fire Chief; Michelle Jakobi, Acting Director, Environmental Services; Curtis Shelswell, Manager, Chief Municipal Law Enforcement/Chief Municipal Law Enforcement Officer; Jennifer Whitley, Coordinator, Economic Development/Communications; Jenny Legget, Public Relations Officer/Communications; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) All Council and staff participated via ZOOM platform. 1. Call to Order - Moment of Reflection: Mayor H.S. Hughes assumed the Chair and called the meeting to order at the above noted time followed by a moment of reflection. The Township of Oro-Medonte acknowledges that we are situated on the traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and ancestral territory of the Huron-Wendat. The Anishnaabek include the Odawa [Oh-DAH-wah], Ojibwe [O-jib-we] and Pottawatomi [boh-tah-WAH-toh-mee] nations, collectively known as the Three Fires Confederacy. It continues today as the home for diverse Indigenous Peoples including the historic Metis Community in Penetanguishene. Page 1 of 13 Page 9 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. The Anishnaabek people continue to have an enduring relationship with this land, specifically the Chippewas of Rama First Nation, the Chippewa Tri-Council and the Williams Treaties First Nations. The Huron-Wendat Nation also continues to pay respect and protect their ancestors and heritage on this land. We honour the Indigenous history and culture that has thrived for millennia in this territory and the Treaties that bind us together as partners in the spirit of a shared sustainable and prosperous future. We are all Treaty People. Our commitment begins with acknowledging the Truth so that we can move forward together towards Reconciliation. 2. Adoption of Agenda: a) Motion to Adopt the Agenda. Motion No. C210414-1 Moved by DeSousa, Seconded by Keane e Ab\, Be it resolved that the agenda for the Council meeting of Wednesday, April 14, 2021 be received and adopted. Carried. 3. Disclosure of Pecuniary Interest: None declared. 4. Closed Session Items: None 5. Minutes of Council and Committees: a) Minutes of Council meeting held on Wednesday, March 24, 2021. b) Minutes of Special Council meeting held on Wednesday, March 31, 2021. Motion No. C210414-2".OF Moved by Hough, Seconded by DeSousa Be it resolved that the draft minutes of the a) Council meeting held on Wednesday, March 24, 2021; b) Special Council meeting held on Wednesday, March 31, 2021 be received and adopted as printed and circulated. Carried. Page 2 of 13 Page 10 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. 6. Recognition of Achievements: None. 7. Public Meetings: None. 8. Deputations/Presentations: None. 9. Open Forum: None. 10.Reports of Municipal Officers for A%nL a) Hugh Murray, Director, Fire & Emergency Services/Fire Chief re: Fire Safety Grant Program. Motion No. C210414-3 Moved by DeSousa, Seconded by Greenlaw Be it resolved 1. That the correspondence dated March 11, 2021 from the Ministry of the Solicitor General and correspondence dated March 25, 2021 from the Ministry of Community Safety and Correctional Services re: Fire Safety Grant Program be received. 2. That Council supports the use of the funding allocation in the amount of$9,700.00 for the increased training opportunities and the establishment of a virtual inspection program as discussed by Hugh Murray, Director, Fire & Emergency Services/Fire Chief. 3. That the Clerk be authorized to execute the appropriate Transfer Payment Agreement on behalf of the Corporation. 4. That the Ministry of Community Safety and Correctional Services be advised of Council's decision under the Director, Fire & Emergency Services/Fire Chief's signature. Carried. Page 3 of 13 Page 11 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. b) CS2021-11, Jennifer Whitley, Coordinator, Economic Development/ Communications re: Municipal Accommodations Tax (MAT) Update. Motion No. C210414-4 Moved by Keane, Seconded by Scott Be it resolved 1. That CS2021-11, Jennifer Whitley, Coordinator, Economic Development/ Communications re: Municipal Accommodations Tax (MAT) Update be received and adopted. 2. That the consideration of a MAT continue to be deferred until such time as the COVID- 19 emergency has been concluded and an additional roofed accommodator has commenced operation in the Township. 3. That Horseshoe Resort be advised of Council's decision under the Coordinator, Economic Development/ Communications' signature. Carried. c) DS2021-41, Andy Karaiskakis, Senior Planner re: Telecommunication Tower— Patti- Jane Crawford (Owner) and Fontur International Inc. (Agent), 985 Line 7 South, Pre- Consultation Application 2020-PCA-11. Motion No. C210414-5` Moved by Hough, Seconded by Keane Be it resolved 1. That DS2021-41, Andy Karaiskakis, Senior Planner re: Telecommunication Tower— Patti-Jane Crawford (Owner) and Fontur International Inc. (Agent) 985 Line 7 South, Pre- Consultation Application 2020-PCA-11 be received and adopted. 2. That Industry Canada be advised that the Township of Oro-Medonte has no concerns and concurs with Fontur International Inc. proposed installation of a telecommunication tower to be located at 985 Line 7 South. 3. That the applicant be advised of Council's decision under the Director, Development Services' signature.4V Carried. Page 4 of 13 Page 12 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. d) DS2021-42, Andy Karaiskakis, Senior Planner re: Telecommunication Tower— Mary Louise Amos; Paul Ross Amos (Owners) and Fontur International Inc. (Agent), 4171 Line 11 North, Pre-Consultation Application 2020-PCA-12. Motion No. C210414-6 Moved by DeSousa, Seconded by Greenlaw Be it resolved 1. That DS2021-42, Andy Karaiskakis, Senior Planner re: Telecommunication Tower— Mary Louise Amos; Paul Ross Amos (Owners) and Fontur International Inc. (Agent), 4171 Line 11 North, Pre-Consultation Application 2020-PCA-12 be received and adopted. 2. That Industry Canada be advised that the Township of Oro-Medonte has no concerns and concurs with Fontur International Inc. on the proposed installation of a telecommunication tower to be located at 4171 Line 11 North. 3. That the applicant be advised of Council's decision under the Director, Development Services' signature. 1%## N Carried. e) DS2021-49, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Use of Bicycles-Municipal Law Enforcement Patrols. Motion No. C210414-7'` e"'o Moved by Scott, Seconded by Veitch Be it resolved 1. That DS2021-49, Curtis Shelswell, Manager, Municipal Law Enforcement/Chief Municipal Law Enforcement Officer re: Use of Bicycles-Municipal Law Enforcement Patrols be received and adopted. 2. That Council approve Option # 1 as outlined in DS2021-49. 3. That the costs for the purchase or rental of bikes be funded from the approved 2021 Vehicle Acquisition budget surplus. 4. That the Manager, Municipal Law Services/Chief Municipal Law Enforcement Officer report back to Council in the Fall of 2021 on the success of the initiative. Carried. Page 5 of 13 Page 13 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. f) DS2021-50, Andria Leigh, Director, Development Services re: Heritage Committee Appointment. Motion No. C210414-8 Moved by Keane, Seconded by DeSousa Be it resolved 1. That DS2021-50, Andria Leigh, Director, Development Services re: Heritage Committee Appointment be received and adopted. 2. That the appropriate by-law to amend the by-law to establish the Heritage Committee and appoint up to six (6) members of the Public be brought forward for Council's consideration. 3. That Council support the appointment of two additional members to the 2018-2022 Heritage Committee being Stephen Davids and Jessie Woodrow. 4. That all applicants be advised of Council's decision under the Mayor's signature. Carried. g) F12021-8, Derek Hnatiuk, Manager, Finance/Deputy Treasurer re: Statement of 2019 Development Charges ActivityNS Motion No. C210414 Moved by Greenlaw, Seconded byv%6, Be it resolved 1. That F12021-8, Derek Hnatiuk, Manager, Finance/Deputy Treasurer re: Statement of 2019 Development Charges Activity be received and adopted. 2. That Council accepts the Treasurer's declaration that the Township is in compliance with section 59.1(1) of the Development Charges Act, 1997. 3. That F12021-8 and related attachments be posted on the Township's website. Carried. Page 6 of 13 Page 14 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. h) CS2021-7, Janette Teeter, Deputy Clerk re: 2021 Oro-Medonte Citizen and Ontario Senior of the Year Awards. Motion No. C210414-10 Moved by Veitch, Seconded by Hough Be it resolved 1. That Report CS2021-7, Janette Teeter, Deputy Clerk re: 2021 Oro-Medonte Citizen and Ontario Senior of the Year Awards be received and adopted. 2. That John Crawford be approved by Council as the recipient of the 2021 Oro-Medonte Citizen of the Year Award as voted by the Citizen/Senior of the Year Advisory Group through the approved voting process. 3. That Sheila Craig be approved by Council as the recipient of the 2021 Ontario Senior of the Year as voted by the Citizen/Senior of the Year Advisory Group through the approved voting process. 4. That staff proceed accordingly to arrange the two award recognition ceremonies. 5. That a review be completed with the Group members to solicit their input and any suggested improvements that may be considered prior to the 2022 process. 6. And that the recipients be notified of Council's decision under the Mayor's signature. `qN� Carried. 1991001h� 'N X i) DS2021-051, Andria Leigh, Director, Development Services re: City of Orillia Land Needs Assessment. Motion No. C210414-11 Moved by Scott, Seconded by Greenlaw Be it resolved 1. That DS2021-051, Andria Leigh, Director, Development Services re: City of Orillia Land Needs Assessment be received and adopted. 2. That the Township of Oro-Medonte advise the City of Orillia, under the Mayor's signature, of our interest to be informed at all stages of the City's Municipal Comprehensive Review (MCR) process and request the opportunity to discuss the Township's involvement in the Boundary Expansion Study. 3. That Planning staff continue to monitor the City of Orillia's MCR and the Technical Land Evaluation for Settlement Boundary Expansion study with respect to the potential impacts on the Township of Oro-Medonte. 4. That the Township participate in any discussions with the City of Orillia, the County of Simcoe, and the Townships of Severn and Ramara, and report to Council as needed. Carried. Page 7 of 13 Page 15 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. j) Robin Dunn, CAO re: Update on COVID-19 Actions. Motion No. C210414-12 Moved by Keane, Seconded by Hough Be it resolved 1. That the information presented by Robin Dunn, CAO re: Update on COVID-19 Actions and correspondence from the City of Orillia re: City of Orillia Waterfront Parking and Boat Launch Program - Summer 2021 be received. 2. And further that Staff are seeking Council's confirmation to decline the City of Orillia's offer pertaining to the 2021 Waterfront Parking and Boat Launch program. 3. That staff report back in May regarding the implementations of Oro-Medonte's processes. Carried. 11.Reports of Municipal Officers for Information Only: a) CS2021-8, Vanessa Cooper, Executive Assistant, Mayor and Council & CAO re: Corporate Projects Status Update — January, February 2021. b) F12021-7, Derek Hnatiuk, Manager, Finance/Deputy Treasurer re: Statement of 2019 Investment Activity. c) F12021-9, Derek Hnatiuk, Manager, Finance/Deputy Treasurer re: 2019 Reserve Activities. d) F12021-10, Janice MacDonald, Accounting Clerk re: Statement of Accounts, Quarter 4, October 1, 2020-December 31, 2020. Motion No. C210414-13 ', q%V Moved by Greenlaw, Seconded by Keane Be it resolved that the reports, as listed under Item #11, Reports of Municipal Officers for Information Only, be received: a) CS2021-8, Vanessa Cooper, Executive Assistant, Mayor and Council & CAO re: Corporate Projects Status Update — January, February 2021. b) F12021-7, Derek Hnatiuk, Manager, Finance/Deputy Treasurer re: Statement of 2019 Investment Activity. c) F12021-9, Derek Hnatiuk, Manager, Finance/Deputy Treasurer re: 2019 Reserve Activities. d) F12021-10, Janice MacDonald, Accounting Clerk re: Statement of Accounts, Quarter 4, October 1, 2020-December 31, 2020. Carried. Page 8 of 13 Page 16 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. 12.Reports of Members of Council: a) Updates from Council Representatives — County of Simcoe and Township Partners and Agencies. The following members of Council provided updates: Mayor H.S. Hughes, Deputy Mayor Hough, Councillors Veitch, Keane and Scott. 13.Announcements: The following member of Council provided announcements: Mayor H.S. Hughes. 14.Consent Agenda: a) Announcements of Interest to the Public: #% 1. County of Simcoe, 2021 Bursary Program, Application due before July 30, 2021. b) Minutes of Nottawasaga Valley Conservation Authority meeting held on Friday, February 26, 2021. Staff Recommendation: Receive for Information Only. kl, c) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, February 26, 2021. Staff Recommendation: Receive for Information Only. d) Correspondence dated March 18, 2021 from Sylvia Jones, Solicitor General re: Update from Ontario Provincial Police (OPP) Detachment Boards Under the Community Safety and Policing Act, 2019 (CSPA). Staff Recommendation: Receive for Information Only. e) Correspondence received March 19, 2021 from Ontario Recreation Facilities Association Inc. (ORFA) re: Services Awareness Update. Staff Recommendation: Receive for Information Only. f) Correspondence dated March 19, 2021 from Town of Plympton-Wyoming re: Carbon Tax. Staff Recommendation: Receive for Information Only. g) Correspondence dated March 23, 2021 from the Town of Fort Erie re: Cannabis Licensing and Enforcement. Staff Recommendation: Receive, Support and Advise under Mayor's Signature. h) Correspondence dated April 2, 2021 from Debbie Palmer re: Clear Cutting Development. Staff Recommendation: Receive for Information Only. Page 9 of 13 Page 17 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. i) Correspondence dated April 7, 2021 from Lucas Meyer, Senior Consultant, Enterprise Canada Inc. re: Recognition of#DoctorsDay2021, May 1, 2021. Staff Recommendation: Receive, Support, Advise under the Mayor's Signature. Motion No. C210414-14 Moved by DeSousa, Seconded by Veitch Be it resolved that the staff recommendations with respect to the items listed under "Consent Agenda Correspondence" be adopted as printed with the exception of Items 14d), 14g) and 14h) to be voted on separately. a) Announcements of Interest to the Public: 40C 1. County of Simcoe, 2021 Bursary Program, Application due before July 30, 2021. b) Minutes of Nottawasaga Valley Conservation Authority meeting held on Friday, February 26, 2021. Received for Information Only. c) Minutes of Lake Simcoe Region Conservation Authority meeting held on Friday, February 26, 2021. Received for Information Only. .ddoubi� 4:%%hb,X e) Correspondence received March 19, 2021 from Ontario Recreation Facilities Association Inc. (ORFA) re: Services Awareness Update. Received for Information Only. f) Correspondence dated March 19, 2021 from Town of Plympton-Wyoming re: Carbon Tax. Received for Information Only. i) Correspondence dated April 7, 2021 from Lucas Meyer, Senior Consultant, Enterprise Canada Inc. re: Recognition of#Doctors Day202 1, May 1, 2021. Received, Supported, Advised under the Mayor's Signature. 'INf Carried. Page 10 of 13 Page 18 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. g) Correspondence dated March 23, 2021 from the Town of Fort Erie re: Cannabis Licensing and Enforcement. Motion No. C210414-15 Moved by DeSousa, Seconded by Veitch Be it resolved 1. That Item 14g) correspondence dated March 23, 2021 from the Town of Fort Erie re: Cannabis Licensing and Enforcement be received. 2. That the correspondence dated March 23, 2021 from the Town of Fort Erie be supported. 3. That the Town of Fort Erie be advised under the Mayor's signature. Carried. d) Correspondence dated March 18, 2021 from Sylvia Jones, Solicitor General re: Update from Ontario Provincial Police (OPP) Detachment Boards Under the Community Safety and Policing Act, 2019 (CSPA). Motion No. C210414-16 Moved by Scott, Seconded by Hough Be it resolved Am%Ilk 1. That Item 14d) correspondence dated March 18, 2021 from Sylvia Jones, Solicitor General re: Update from Ontario Provincial Police (OPP) Detachment Boards Under the Community Safety and Policing Act, 2019 (CSPA) be received. 2. That staff report back after preliminary discussions have occurred. Carried. h) Correspondence dated April 2, 2021 from Debbie Palmer re: Clear Cutting Development. Motion No. C210414-17 Is Moved by DeSousa, Seconded by Scott Be it resolved that Item 14h) correspondence dated April 2, 2021 from Debbie Palmer re: Clear Cutting Development be received and referred to staff for a response under the Mayor's signature. Unanimously Carried. 15.Communications/Petitions: None. Page 11 of 13 Page 19 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. 16.Notice of Motions: None. 17.By-Laws: a) 2021-043: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Barrie Public Library Board for a Term of One Year and to Repeal By-law No. 2020-031. b) 2021-044: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Orillia Public Library Board for a Term of One Year and to Repeal By-law No. 2020-030. c) 2021-045: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Severn Township Public Library Board for a Term of One Year and to Repeal By-law No. 2020-033. d) 2021-046: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Midland Public Library Board for a Term of One Year and to Repeal By-law No. 2020-032. e) 2021-049: A By-law to Amend By-law 2019-021 "A By-law to Establish a Heritage Committee and to repeal and replace By-law 2013-017 (Heritage Committee)". Motion No. C2104141 1 Moved by Hough, Seconded by DeSous Nh, Be it resolved that NL a) 2021-043: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Barrie Public Library Board for a Term of One Year and to Repeal By-law No. 2020-031. VOL Am b) 2021-044: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Orillia Public Library Board for a Term of One Year and to Repeal By-law No. 2020-030. c) 2021-045: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Severn Township Public Library Board for a Term of One Year and to Repeal By-law No. 2020-033. d) 2021-046: A By-law to Authorize the Execution of a Contract between The Township of Oro-Medonte and The Midland Public Library Board for a Term of One Year and to Repeal By-law No. 2020-032. Page 12 of 13 Page 20 of 187 5.a) Minutes of Council meeting held on Wednesday, April 14, 2021 . Council Meeting Minutes — Wednesday, April 14, 2021. e) 2021-049: A By-law to Amend By-law 2019-021 "A By-law to Establish a Heritage Committee and to repeal and replace By-law 2013-017 (Heritage Committee)". be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 18.Closed Session Items (Unfinished Items): None. 19.Confirmation By-Law: a) 2021-050: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, April 14, 2021. Motion No. C210414-19 Moved by Veitch, Seconded by Scott N�L Be it resolved that By-Law No. 2021-050: Being a by-law to confirm the proceedings of the Council meeting held on Wednesday, April 14, 2021 be read a first, second and third time, passed, be engrossed by the Clerk, signed and sealed by the Mayor. Carried. 20.Adjournment: a) Motion to Adjourn. Motion No. C210414-20 Moved by Greenlaw, Seconded by Hough Be it resolved that we do now adjourn at 12:45 p.m. Carried. Mayor, H.S. Hughes Clerk, Yvonne Aubichon Page 13 of 13 Page 21 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... The Township of Oro-Medonte �4 W Heritage Committee Meeting Minutes Township of Electronic Meeting Proud Heritage,Exciting Future Monday, April 19, 2021 5:08 p.m. Present: Mayor H.S. Hughes Councillor Cathy Keane, Chair Councillor Tammy DeSousa Stephen Davids Ruth Fountain Dorothy Moore Kayla Thibeault Bob Tudhope Jess Woodrow Staff Present: Andria Leigh, Director, Development Services; Catherine McLean, Intermediate Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk All Committee members and staff participated via ZOOM platform. 1. Agenda Approval: a) Motion to Approve the Agenda. 4 Motion No. HC210419-1 Aw Moved by Moore, Seconded by Fountain It is recommended that the agenda for the Heritage Committee meeting held on Monday, April 19, 2021 be received and approved. Carried. 2. Welcome to New Heritage Committee Members: Councillor Keane, Chair, welcomed the new Heritage Committee members and introductions were made. Page 1 of 4 Page 22 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... Heritage Committee Minutes — Monday, April 19, 2021. 3. Disclosure of Pecuniary Interest: None. 4. Approval of Minutes of Previous Meeting: a) Minutes of Heritage Committee meeting held on Monday, November 16, 2020. Motion No. HC210419-2 Moved by Tudhope, Seconded by Thibeault JA# It is recommended that the draft minutes of Heritage Committee meeting held on Monday, November 16, 2020 be received and approved as printed and circulated. Carried. 5. Communications: a) Correspondence from Community Heritage Ontario (CHO) Quarterly Newsletter and Publications, Fall, 2020 and Winter, 2021 Issues. Motion No. HC210419-3 Moved by Davids, Seconded by Tudhope It is recommended that the correspondence from Community Heritage Ontario (CHO) Quarterly Newsletter and Publications, Fall, 2020 and Winter, 2021 Issues be received. Carried. b) Correspondence dated February 11, 2021 from John Merritt re Heritage Building Inquiry, 3356 Penetanguishene Road. Motion No. HC210419-4 Moved by Thibeault, Seconded by Woodrow It is recommended 1. That the correspondence dated February 11, 2021 from John Merritt re Heritage Building Inquiry, 3356 Penetanguishene Road be received. 2. It is recommended to Council that correspondence, outlining the process, be forwarded to the applicant under the Intermediate Planner's signature. 3. And That correspondence, with respect to the interest in the building, be forwarded to the property owner under the Intermediate Planner's signature. Carried. Page 2 of 4 Page 23 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... Heritage Committee Minutes — Monday, April 19, 2021. c) Correspondence received April 14, 2021 from Sue Garratt re: Request to List One and a Half (1 1/2) Story Farmhouse, 1312 Line 1 North. Motion No. HC210419-5 Moved by Fountain, Seconded by Davids It is recommended 1. That the correspondence received April 14, 2021 from Sue Garratt re: Request to List One and a Half (1 1/2) Story Farmhouse, 1312 Line 1 North be received. 2. That it is recommended to Council that the following be listed and added to the Municipal Register of Municipally Significant and/or Cultural Heritage Properties: Original dwelling located at 1312 Line 1 North including incorporating the accessory shed into the listing with an honourable acknowledgement to the owner. 3. And That the applicant be advised of Councils/Committee's decision under the Intermediate Planner's signature. Carried. 6. Reports of Members of Council/Municipal Officers: a) Dorothy Moore re: Valley View Cemetery, Consideration for Recognition of a Stone/Plaque. Motion No. HC210419-6 Moved by Moore, Seconded by Fountain It is recommended 1. That the correspondence presented by Dorothy Moore re: Valley View Cemetery, Consideration for Recognition of a Stone/Plaque be received. 2. That Heritage Committee Member Moore contact any ancestor families for potential involvement. 3. That staff review further the potential costs and locations for a recognition and report back at the next Heritage Committee meeting for further direction/ recommendations to Council. Carried. Page 3 of 4 Page 24 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... Heritage Committee Minutes — Monday, April 19, 2021. b) Catherine McLean, Intermediate Planner re: Heritage and Planning Act Changes Workshop by Anne Fisher, Program Manager, Heritage Planning, January, 2021, City of Toronto. Motion No. HC210419-7 Moved by Woodrow, Seconded by Moore It is recommended that the correspondence presented by Catherine McLean, Intermediate Planner re: Heritage and Planning Act Changes Workshop by Anne Fisher, Program Manager, Heritage Planning, January, 2021, be received. Carried. c) Catherine McLean, Intermediate Planner re: Township of Oro-Medonte Heritage Map. Motion No. HC210419-8 Moved by Davids, Seconded by Woodrow It is recommended that the information presented by Catherine McLean, Intermediate Planner re: Township of Oro-Medonte Heritage Map be received with gratitude. Carried. 7. Next Meeting Date: May 17, 2021 (TBC). 8. Adjournment: a) Motion to Adjourn. Motion No. HC210419-9 Moved by Thibeault, Seconded by Moore It is recommended that we do now adjourn at 7:11 p.m. Carried. Page 4 of 4 Page 25 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... From: John Merritt <john. mail.com> Sent: Thursday, February 11, 2021 10:35:15 PM To: cathy.keaneCa)oro-medonte.ca <cathy.keane(a)oro-medonte.ca> Subject: Heritage building inquiry This email originated from outside of Oro-Medonte's email system. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hi Councillor Keane, I'm reaching out to you in your capacity as a member of Oro-Medonte's Heritage Committee. This past year I have been driving up and down Hwy 93 every day to and from work, and I quickly became curious about the old Orange Lodge building in Craighurst, near the intersection of Hwy 93 and Horseshoe Valley Rd. It's obviously an old and historically significant community building that's in fairly rough shape, though still standing. I have an interest in local history and I checked the Township's heritage building registry and this building isn't on it. I was wondering if you might be able to let me know the process involved in trying to add this building to the registry? 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P: Page 32 187 leritage Committee meeting held on Monday, April 19, 202... Totsh Appendix B Proud Heritage,Exciting Future Township of Oro-Medonte Cultural Heritage Resource Evaluation Form Address: 1312 Line 1 N. (Con 1N PT LOT 22) Oro-Medonte, ON LOL 21-0 Period: built mid-to late 1800's Recorder Name: Sue Garratt(owner since 2007) Description: 1 1/2 storey tiny farmhouse,built as retirement home for original owners in the middle of their large land tract. Photographs: Front Facade o Left Facade o Right Facade o Rear Facade o Details o Setting ❑ Date: April 13, 2021 Design of Physical Value Style Is this a notable, rare or unique N/A C Unknown No Yes example of a particular architectural style or type? Construction Is this a notable, rare, unique N/A c Unknown M No Yes or early example of a particular material or method of construction? Design Is this a particularly attractive or N/A Unknown No Yes unique structure because of the merits of its design, composition, craftsmanship or details? Does this structure N/A Unknown No Yes demonstrate a high degree of technical or scientific achievement? Notes: Please see attached document. Contextual Value Continuity Does this structure contribute N/A Unknown No Yes to the continuity or character of the street, neighbourhood or area? 1 Page 33 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Contextual Value (Continued) Setting Is the setting or orientation of N/A Unknown No Yes the structure or landscaping noteworthy? Does it provide a physical, N/A Unknown No Yes historical, functional or visual link to its surroundings? Landmark Is this a particularly important N/A Unknown No Yes visual landmark within the: ❑ County; ❑ Township; or, ❑ neighbourhood? Completeness Does this structure have N/A Unknown No Yes other original outbuildings, notable landscaping or external features that complete the site? Notes: Please see attached document. Integrity Site Does the structure occupy its N/A Unknown No Yes original site? Note: if relocated, i.e. relocated on its original site, moved from another site, etc. Alterations Does this building retain most N/A Unknown No Yes of its original materials and design features? Is this a notable structure due N/A Unknown No Yes to sympathetic alterations that have taken place over time? 2 Page 34 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Integrity (Continued) Condition Is this building in good N/A Unknown No Yes condition? Notes: Please see attached document. Historical or Associative Value & Significance Does this property or structure have strong N/A Unknown No Yes associations with and/or contribute to the understanding of a belief, person, activity, organization or institution that is significant or unique within the City? Is the original, previous or existing use N/A Unknown No Yes significant? Does this property meet the definition of a Unknown No Yes significant built heritage resource or cultural heritage landscape, as identified in the Provincial Policy Statement under the Ontario Planning Act? A property or structure valued for the important contribution it makes to our understanding of the history of a place, an event, or a person. Names of the Original Owners: unknown - dates from mid-1800's. Notes: This house and barn are excellent examples of the buildings constructed in the mid-1800's when Oro-Medonte was initially settled by farmers. 3 Page 35 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... Township of Oro-Medonte Appendix B Cultural Heritage Resource Evaluation Form Further Action/Follow Up ❑ Add to Heritage Register ❑ High Priority for Designation ❑ Heritage District Potential ❑ Additional Research Required ❑ Additional Photographs Required Setting ❑ All Facades ❑ Details ❑ ❑ Request Permission to Access Property Other: General Comments Date of Property Owner Notification: Property Owner Name and Address: ❑ Additional Information Attached Recommendation Heritage Committee Recommendation Council Decision r Add to Heritage Register Add to Heritage Register r No Action — Keep on File No Action — Keep on File Date: Date: Notice of Collection: Information on this form is collected for the purposes authorized under the Municipal Act 2001, s. 8; in addition to heritage preservation, information will be used to enhance municipal services being delivered to applicants or as the applicant my require. All information is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c M56. Questions about this notice of collection should be directed to the Clerk's office at 705-487-2171 Revised June 2019 4 Page 36 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... April 2021 1 believe that this very old home deserves consideration for Historical Listing as it may be one of the last surviving original examples of mid-to late 1800's rural construction. It has been lovingly and carefully restored over the past decade, and is completely safe and suitable for modern living despite its small size. The small 1.5 storey home and attendant outbuildings, including a small barn, are of raw timber and hand-hewn as well as milled board construction. Consistent with the time period, the boards used vary in width (some are over 14" wide; others—4" wide) very few nails were used and there was no modern insulation until two sides of the original wrap-around porch were enclosed, first in the 1930's (to provide an indoor kitchen area) and then in the 1960's (to add a bit of extra living space). A photo showing the multiple wood layers of an original exterior wall is attached. Most of the interior walls are plaster and lathe; except the kitchen, the floors are 1.5 to 2" solid pine; there are original 2 X 8's supporting the main floor ceiling; a couple of doors have been enlarged but several of the original (and very small, you have to duck to enter!)) doorways still remain. Originally, the exterior was covered with thin cedar shakes (photo included of an original section that is now one interior wall of the kitchen), but the house was covered with white vinyl siding in 2004 or 2005 by the previous owners prior to putting the property up for sale. When time and resources permit, I am anxious to remove the siding and, if possible, restore the original exterior. The buildings were assessed for soundness in 2009 prior to restoration and renovations and both the house and barn were found to be in excellent shape. (The other outbuildings still stand and are in use.) I have since installed a new (steel) roof and new windows on the house, upgraded the plumbing and wiring (we even found some knob &tube!), renovated the tiny kitchen, and installed a geothermal system (to replace the old oil furnace), which augments heating with wood. The main chimney has been lined, but otherwise is original and the observable wee tilt to it (which probably happened in its early years as the house settled) is of no structural or safety concern; I installed a modern airtight woodstove in 2007. There have been no structural additions or changes made to the home since the last porch was enclosed in the 1960's, however I have been able to reclaim some of the north-east porch 6" square supporting beams that had been covered with drywall when that porch was enclosed (photo's of those beams and an underside view of porch roof portions attached). I restored the barn loft in 2017 and turned it into a three-season room by taking out the old (in places unsafe!) flooring and replacing it with 2 1/2" hand-milled cedar; lining the walls with the useable old barn boards from the floor; installing several windows for light and ventilation; and having it completely re-wired. Its existing, original structure has not been changed by me, although I did need Page 37 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... to replace a couple of the original large sliding doors. I also installed an eco-toilet (which does not use water; the barn is not plumbed) rather than having a regular outhouse. The barn's original exterior remains & shows the weather- and woodpecker- deteriorated shakes (photo included); I have done necessary repairs and restoration from the inside using original materials wherever possible. All of this work was done to provide extra entertainment and accommodations space rather than altering or adding on to the lovely original house. Anecdotally, I have been told that this house and barn and outbuildings were built in 1858-> 1860 as a retirement home for the original property owners. It sits on just under 2 acres of property carved out of the approximate middle of the large land tract they owned and farmed with their family. I was told that they originally owned from the 20/21st to The Old Barrie Road, from Hwy 93 to Line 2 N., but I cannot verify this. Their original large farmhouse was on Highway 93, but it was abandoned and fell into disuse and was formally demolished not long after I moved here in 2007. Unfortunately, although I did see it before demolition, I did not think to research that home or the full original property before it was gone. (And clearly, the long farm track giving access to this property officially became a part of Line 1 N. at some point.) According to what I was told not long after I moved in by a very elderly neighbour(whose family still owns and farms a significant chunk of the severed original property), the official ownership of this property would not have been registered separately with the Township until it was sold out of the family in 1888 or 1890. In addition to the marvelous original buildings, the property boasts some very old trees, including several original Wolf River apple trees (photo of one is included) as well as other very old apple and pear cultivars, a row of 100+year old (— 140 ft high) evergreens (identified variously as Norway Pines or Norway Spruce by arborists), several towering oaks and maples, and a lovely old grape arbour plus various berry canes, gooseberry bushes, etc. In maintaining the property, I have elected to trim old & dying trees as needed but retain their trunks and large branches as I safely can, and they provide wonderful nesting places for an assortment of birds and small animals. It is a sad fact that many new property owners choose to tear down old homes, even if they are sound and with absolutely no regard for their history, and replace them with huge modern mansions. As a result, an enormous amount of our rural history is neither being retained nor enjoyed. My hope is that my time, effort, and attention to detail(s) will ensure that this particular old house escapes that fate, and continues to provide a safe & secure home in its historical and original form for future owners. Sue Garratt April 2021 Page 38 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... PROVIDENCE (1312 Line 1 N., Oro-Medonte, ON) Pictures (2021): I• ti 1 from south Page 39 of 187 • Minutes of . • ' Committee meeting held on • • . April 19, 202 R t.' •y�. ''e p � r . hey^ L ' eA .. r + +-. ... .....�..s.�11n?�_"..- `�i'�RT.'=�'�°�:.. �,-...-�,.....3._��sP.'. ...�:.��'-.^'R*'!h-'A-:.i "A�'.7�'. t7�Z�•c.la r_ :._.: from west Page40 of 187 • Minutes of . • ' Committee meeting held on • • . April 19, 202 from north 1 .3 ? 9 � r. wl d ti n Page 41 of i • Minutes of . • ' Committee meeting held on • • . April 19, 202 s 1 w r from east •' 42 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... 6 t I ' View of original porch roof construction. K 1 i t Inside view of porch roof Page 43 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... i 'T' I r I I I ' P h y i . I i i i b. J I I, t _ �I I I 3 ri I , i V Original exterior wall construction -just about 9" thick- now interior wall between house and enclosed old porch. Page 44 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... Reclaimed 6" square beams that supported the original porch roof. Page 45 of 187 5.b) Minutes of Heritage Committee meeting held on Monday, April 19, 202... i 41EkS4 hStf iriRfE KY'11115 CJF PE'gPtE _ Ttwsx'Nlw Mahe Ytv�g. - Ha}�+an,T4wse Wha Watch ,' i S h�4#appen,And 3hose J" y�lgViadei Yfl+at Happacd. t j 71, ti Now an interior wall, this shows what the original outside of the house looked like. Page 46 of 187 • Minutes of . • ' Committee meeting held on • • . April 19, 202 IS Old barn, now restored on the inside, including some windows, re-wiring, new cedar floor in ' A � a _ r loft, new sliding barn doors. •' 47 of 187 • Minutes of . • ' Committee meeting held on • • . April 19, 202 at. is ^ I Barn in foreground, house in background, Norway Spruce • of • ••' Page 48 of i • Minutes of . • ' Committee meeting held on • • . April 19, 202 Original Wolf River apple tree, still producing although also now home to various birds & small 11 1� ) s - � '. �dvi�" rti � r � ;� r ��:,i f .•.. �;�ram', yy� t Page 49 of • Minutes of . • ' Committee meeting held on • • . April 19, 202 JI Very -f` . . maples, u ti Page of i From: noreply a orb MOP a .�nbrepgyi oboy Paul loadell, Senior VP of Development, Sky... Sent: April 19, 2021 7:38 PM To: Deputations <Deputations@oro-medonte.ca> Subject: Public Participation Registration Form This is a Request to Participate in the Council Meeting of 28/04/2021 Username: 7DOOE7C8-17FE-4183-ADE8-AO27B95BD64B Numeric Response ID: 499691 Response GUID: A2AO4922-7B17-4680-ABCC-BA3596BC9378 Survey Start Date: Monday, 19 April 2021 19:31:58 Survey Completed Date: Monday, 19 April 2021 19:38:08 1 understand the information above First Name: Paul Last Name: Mondell Email Address: Paul mCcD-skylineinvestments.com Telephone Number: 4164607009 Address: 36 King St E Toronto am requesting electronic participation at the Council Meeting Date of Meeting: 28/04/2021 Regarding the agenda item: Skyline wastewater and water services Page 51 of 187 This will be on844!06a.m. Deputation by Paul Mondell, Senior VP of Development, Sky... A group/organization; please state name below By stating the application number, applicant name or group/organization named below, you confirm that you are duly authorized to act on behalf of the identified applicant or group/ organization and that the applicant or group/organization hereby gives its approval for you to act on this matter. Skyline (Horseshoe) will be connecting to the meeting by: If connecting by telephone, attendee must call from same phone number as registered on form. Please note: Depending on volume of speakers, telephone number may be visible to public; however, every effort will be made to change prior to being promoted to panelist. No blocked telephone numbers will be permitted. Computer will be providing a: Not Answered Have you presented a deputation/presentation previously on this matter? Yes Subject of Deputation/Presentation: Please describe below, the subject matter of the requested deputation/presentation in sufficient detail, to provide the Township a means to determine its content and to assess its relative priority to other requests for presentation. Weight will be given to those requests that provide more detailed descriptions of the content of the presentation, particularly defining how the subject matter aligns with Council's Mandate. Information regarding the relationship between Skyline and the Municipality Please identify the type of action you are seeking of Council/Committee on this issue. No Action, e.g., an awareness of topic or organization. If you are requesting action, have you been in contact with a staff member to seek a resolution with regard to this matter? No Reason why this presentation is important to Council and to the municipality: Information on relationship Page 52 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: CS2021-12 Council Jennifer Whitley, Coordinator, Economic Development & Communications Meeting Date: Subject: Motion # April 28, 2021 Internet Connectivity Task Force (ICTF) Update Roll #: R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. CS2021-12 be received and adopted. 2. That staff continue the Township's role of advocacy and capacity development as outlined in report CS2021-12; 3. That Council approves a $3,000 honorarium for a summer Intern from the University of Guelph, to support upcoming Internet Connectivity Task Force projects; 4. And That the Internet Connectivity Task Force continue to report back to Council as noted in the Terms of Reference. Background: The importance of internet connectivity has been recognized by all levels of government as critical for business transactions, educational requirements, personal needs and entertainment. Federal and Provincial governments have allocated significant funding to enable service providers to enhance opportunities for connectivity. The Canadian Radio-television and Telecommunications Commission (CRTC) has been mandated federally with the responsibility of"ensuring that Canadians have access to a world-class communication system that promotes innovation and enriches their lives." With respect to internet connectivity, they have "established a universal service objective that Canadians — in rural and remote areas as well as in urban centres — have access to voice services and broadband Internet access services on fixed and mobile wireless networks. The CRTC set new targets for these services: Corporate Services April 28, 2020 Report No. CS2021-12 Page 1 of 12 Page 53 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... • Speeds of 50 Mbps download/10 Mbps upload for fixed broadband services • an unlimited data option for fixed broadband services • the latest mobile wireless technology available not only to all homes and businesses, but also along major Canadian roads Given, the lower densities, often larger physical footprints and challenging terrain rural municipalities' face, there are many issues with respect to the provision of internet and the ability to meet the targets identified above. Like others, Oro-Medonte Township is one of those rural municipalities that has connectivity issues. The Township's 2015-2018 Corporate Strategy as well as the 2018-2022 Economic Development Strategy identified Internet as a municipal priority. The defined goal for the Township is to explore mechanisms and best practices of how to facilitate high-speed internet expansion and advocate to other levels of government for enhanced provision of high-speed internet. In support of this priority, Township staff have been engaged with Internet Service Providers (ISP's) such as Bell, Rogers, Explornet etc., and other municipalities and regions that were also struggling with rural broadband connections. These exchanges were necessary to initiate an environmental scan and evaluation of best practices in other municipalities and better understand their advocacy tactics and establish a profile with ISPs and funding bodies to recognize the challenges faced in Oro-Medonte. Broadband challenges, most recently, were also identified clearly in a SWOT (strengths, weaknesses, opportunities and threats) analysis presented to Council, in the Employment Land Strategy. It was noted as a weakness; the need for improved broadband in the Township is key for economic expansions and was mentioned multiple through Stakeholder surveys. The goals from both strategies set the foundation for staff to focus on broadband expansion as a priority. This enabled staff to move quickly in 2020 when the COVID-19 pandemic started in Ontario. At that time, when many were forced to work and complete schooling online, the Township received an increased number of concerns expressed by residents and businesses as they struggled to participate in this elevated online world. The immediate need for higher speed Internet access was apparent and federal and provincial policies and programs, including funding, for better rural broadband were accelerated. (See Appendix A for list of funding programs, University of Guelph, Regional & Rural Broadband Program, Draft Policy Paper). Township Council and staff along with the Economic Development Roundtable discussed the need for a dedicated group with expertise on how to expedite the next steps for the Township. As noted previously, Oro-Medonte Township Councils, have over the last few years responded to these issues and tasked staff with continuing to advocate on behalf of its residents and businesses with service providers encouraging them to apply for funding and improve connectivity within the municipality. Improvements have been made in some areas within the Township, however, as evidenced by the impact of COVID-19 and the increased needs, the municipality also had to increase its efforts in this regard. At the June 10, 2020 Council Meeting, Council directed staff to strike a Task Force Corporate Services April 28, 2020 Report No. CS2021-12 Page 2 of 12 Page 54 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... focused on internet connectivity to bring added focus and expertise to this critical infrastructure issue. The Internet Connectivity Task Force (ICTF) was formalized in July 2020. The mandate and guidelines for the ICTF were approved by Council. The ICTF is comprised of two (2) Members of Council, one of which sits on the Economic Development Roundtable, to provide communication linkages back to this working group and one (1) with the responsibility of Chairing the Task Force and reporting back to Council when appropriate. Members of the public were recruited through an application and interview process. A key deliverable of this group is to provide technical input/advise to staff as strategies are developed and opportunities discussed. It was critical that public representation come with strong technical expertise. The Township was successful in recruiting five (5) members of the public that provide a range of expertise and knowledge across various wards in the Township. ICTF meetings are scheduled on a regular basis or at the call of the Chair as deemed appropriate and decisions are reached by consensus of the group. The Chair of the Task Force reports back to Council as per the ICTF Terms of Reference. Analysis: In keeping with the strategic goals of both Corporate plans, the following is a summary of the activities and accomplishments of the ICTF over the past 10 months and will outline the direction the ICTF wishes to take over the next few months. ADVOCACY: Taking an advocacy role, the ICTF, led by staff, continues to work directly with ISPs and various levels of government, to help the Township reach the overall goal of looking for opportunities to provide better broadband connections for Oro-Medonte residents and businesses. Continuous outreach and communication is necessary to keep the municipality top of mind and a high priority in the minds of ISPs when considering their future plans and opportunities. An underlying principle that is fundamental to the relationships with the ISPs is the need to maintain confidentiality about proprietary information and plans with respect to future investments. The Township advocates and supports all ISPs to pursue available funding opportunities. The Federal & Provincial Governments launched new funding opportunities in 2020 where municipalities could be eligible applicants. However, a requirement for the funding was that the applicant must have the experience necessary to execute the project including the ability to design, build and run broadband infrastructure. As the Township did not meet this technical expertise requirement, rather than submit our own application, the Township supported applications submitted by ISP's through support letters and providing information about current servicing including quality of service and gaps in services available. Corporate Services April 28, 2020 Report No. CS2021-12 Page 3 of 12 Page 55 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... CAPACITY DEVELOPMENT: Township Council and staff receive regular communications from residents and businesses in the Township with regards to their internet connectivity. Staff frequently act as a liaison between the community member and the ISP, to encourage the ISP to work directly with the customer to resolve issues. Networking and building relationships is key with the ISP's and levels of government including the local surrounding townships, to the upper tier municipal government to working directly with our local MP's and MPP's. COMMUNICATIONS: The Township has created a dedicated webpage, Connect Oro-Medonte, that is used as a platform to share any new information relating to the internet project and the work of the ICTF. Residents can stay-up-to-date and view details of announcements, participate in surveys, internet performance testing link, previous survey analysis reports, contact information for internet service providers, and all information pertaining to the Internet Connectivity Task Force. New information including announcements from ISP's has been posted and shared through the Township's social media channels. It is important to share key information and updates with the community. Residents also have the option of joining the #ConnectOroMedonte E-Newsletter, which is sent to a prescribed list when updates are available. Finally, there will be an update to the community available in print format through the spring 2021 Community Guide being delivered to all homes in May. RESEARCH/DATA COLLECTION/GROUND TRUTHING: When the Federal & Provincial Governments identified new funding opportunities in 2020 the Township and the newly formed ICTF agreed that it was critical to accurately quantify and demonstrate the municipality's needs (gaps, current coverage, speeds, providers, concerns etc.). Mapping available federally that was being used to identify communities of need for funding purposes did not include the Township of Oro- Medonte. However, at the same time nternet concerns were received regularly by the municipality from residents and the business community. The Township needed to demonstrate with quantifiable data that in fact that Township residents and businesses were not being served. Initially, staff relied on available tools such as the National Broadband Internet Service Availability Map - ISED Maps, as well as ICTF and staff knowledge. An outreach to the community was initiated immediately. Utilizing survey tools to enable consistent data comparisons, staff launched a digital survey using Survey Monkey and an internet performance test (IPT) with CIRA. These data collection tools were promoted through the Township's communication network, including local media outlets, social channels and the Township's website, residents and businesses were given the opportunity to participate and provide detailed feedback. The initial survey was open from July to November, 2020. Township staff began working closely with the University of Guelph's Regional & Rural Broadband Program (R2132). R2B2 supports and works closely as a research partner with Southwestern Integrated Fiber Technology Inc. (SWIFT), a broadband initiative Corporate Services April 28, 2020 Report No. CS2021-12 Page 4 of 12 Page 56 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... established in 2012 by municipalities represented by the Western Ontario Warden's Caucus (WOWC). The R2132 program engages with a range of partners to conduct thematic studies and analyzes survey data and internet performance tests (IPT). The preliminary purpose of working with R2132 was to analyze key findings, and examine areas had the lowest quality of service, and highest need for broadband support. The R2132 program provided a Broadband Data Analysis report of the Township of Oro- Medonte, based on surveys collected in real time. The original analysis was run in November 2020, the final report was posted to the Connect Oro-Medonte webpage. The purpose of this was to highlight the key findings from the surveys and internet performance tests and find the areas of highest need for better Quality of Service (QoS). Additionally, regional service levels can be used in comparison and against other metrics including other regions and communities and identified service level goals as noted above from the CRTC. It also provides a benchmark for QoS for future broadband improvements that can be assessed in comparison to the pre-improvement period. The analysis included recommendations and considerations for the Township clearly identifying the following: • The vast majority of surveyed premises are below the federal "basic service" 50/10 mbps threshold and identified by the CRTC; Oro-Medonte has significant broadband and cellular connectivity challenges; The dominant ISPs are not meeting the QoS; • Connectivity along major highways, regional roads and to settlement areas will be priorities for funding opportunities; Oro-Medonte has a strong case for the need for improved connectivity and results presented in the Data Analysis should be taken into consideration in discussion at the County and Regional level as well as with providers. As a result of the work with University of Guelph's R2132 Program, the Township's work with the ICTF is being featured in a Policy Paper "Rural Broadband Programs: A Capacity Development Approach in Lower-Tier Municipalities". This paper which is in final stages of completion by Helen Hambly & David Worden, Professors with the University of Guelph R2132 program, includes the Township's work on capacity development for broadband expansion and the work of the ICTF as a model for rural community engagement and development. Excerpt from the policy paper: "When it comes to responding to the immense challenges of Internet service improvement in rural communities in Canada, smaller municipalities face limitations in their administrative capacity to respond to broadband programs and strategize long-term. As this paper explains, the role of collaborative local government and citizen task forces can make all the difference for readiness and strategic decision-making for improved Internet services in the community. We examine two lower tier municipalities that have developed their adaptive capacity to respond to broadband funding programs in order to enable communities to drive innovation that meets local needs" Once the policy paper is final it will be shared with Council and the community, this reinforces the work of the municipality and allows other municipalities to learn from what we have completed and learned along the way. Corporate Services April 28, 2020 Report No. CS2021-12 Page 5 of 12 Page 57 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... The Township continues to collect survey data with a rapid test option in coordination with the R2132 Program that is linked to the IPT with CIRA. It is important to continue to collect this data, to better understand changes over time, including the QoS available and what improvements have been made and where the gaps continue to exist. The Task Force and staff are in discussions with other municipalities to learn more and better understand if there are other potential opportunities which could result in improved internet infrastructure development for the Township. The University of Guelph provided connections to similar rural municipalities who are undertaking or have been successful in their own endeavors to bring broadband expansion opportunities to their municipality. The Township has taken a proactive approach also connected with other municipalities within the County of Simcoe to discuss ideas and options for similar activities. Based on information collected from residents, businesses and the ICTF, we know of areas in the Township that have recently received new connections to various types of internet, including Wireless to the Home (WTTH), LEO Satellite (as mentioned above) and Fibre. In most cases this has been a positive experience, however, with services such as WTTH there can still be on going or intermittent challenges that causes frustrations with customers and ongoing disconnections. MAPPING: Initially mapping was created based on feedback from residents and businesses and their complaints, addresses were collected and referenced on an internal map. Since this time mapping data has been collected through the various survey data collections and produced both internally and through the University of Guelph's R2132 program. The CIRA IPT data is automatically generated into a map that is specific to the Township of Oro-Medonte which shows the total number of tests completed and the levels of service available. The availability of service mapping is beneficial for funding applications and ongoing discussions with ISPs. OUTCOMES: In December, 2020, Southwestern Integrated Fibre Technology (SWIFT) announced $41.1 Million in broadband upgrades in Simcoe County, including Oro-Medonte. The SWIFT website includes a map of expansion areas and a list of communities in the Township that will be serviced including: Edgar, Dalston, Craighurst, Horseshoe Valley, Sugar Bush, Coulson, Moonstone, and Hillsdale. This project in Oro-Medonte was awarded to Bell Canada, with plans to start in spring 2021, with a goal of project completion targeted for June 2022. Rogers made an announcement within the same timeframe as SWIFT's announcement regarding a planned network expansion along Horseshoe Valley Road, representing a $10 million investment. Rogers will expand existing fibre optic to connect 57.5 km of underserviced roads, servicing more than 2,900 homes and businesses. Construction is to begin in spring 2021. Corporate Services April 28, 2020 Report No. CS2021-12 Page 6 of 12 Page 58 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... Early in 2021 the Township made a connection with Starlink, this is a LEO (low and middle earth orbit) satellite company. A representative from the company confirmed, at that time that Starlink would be available for Oro-Medonte residents in the coming weeks. There is a larger upfront cost to purchase the initial system, however, a number of rural residents have been successful in participating in the Beta testing and this is now an option for some residents in the Township. The Township applied to Canada's Centre of Excellence in Next Generation Networks (CENGN) Rural Ontario Residential Broadband Program. Oro-Medonte was inspired by CENGN's support to Dawn-Euphemia Township in south Lambton County, which was successful with an application for new technologies. This was seen as a unique opportunity, the theme of the funding application for submission from Oro-Medonte was for a location that was challenged with valleys, a well-known feature of the municipality's topography. Unfortunately, the Township was unsuccessful with the funding being awarded to the Holland Marsh. NEXT STEPS/RECOMMENDATIONS: Rural communities are challenging and changing the status quo of being unserved or underserved with respect to higher speed Internet access. They are focusing their efforts to build awareness of the digital divide issues in their communities and are engaging locally at the grass roots level in the analysis of broadband QoS. Utilizing a capacity development methodology is useful to frame how communities simultaneously can develop individual, organizational, and networking capacity. This creates the ongoing strategic readiness needed to interact with ISPs and respond to federal/provincial programs. (Hambly, Worden, 2021). Building on expertise within the community and leveraging opportunity, Capacity development (CD), is a process whereby individuals, groups and organizations enhance their abilities to mobilize and use resources in order to achieve their objectives on a sustainable basis. As the Township waits to hear results of pending funding applications, and the hopeful success of the local ISP's in accessing the Universal Broadband Fund (UBF) and Improving Connectivity for Ontario (ICON) programs, the ICTF can continue to prepare and be ready for the next funding opportunity. Below are recommendations on what the ICTF has discussed as next steps and recommendations for Council consideration: Continue: ➢ Advocacy Role with various levels of government —sharing data and information; ➢ Capacity (community) development— ongoing discussions with residents and businesses to seek better options for connections, networking and collaboration are needed in order to innovate and/or make changes; ➢ Facilitate/convene market response to filling the gaps in service by: Corporate Services April 28, 2020 Report No. CS2021-12 Page 7 of 12 Page 59 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... o Encouraging and supporting ISP's and programs with ongoing gap analysis details, notice of residential and commercial growth, letters of support, and regular communication o Working with internal departments on expedited approvals and coordinated construction efforts; ➢ Communications — with the community about rollout expansions, surveys, and opportunities; ➢ Research — looking for funding opportunities and to continue to gather survey data and internet performance test data; ➢ Analysis- review and analyze information from collected data; ➢ Mapping and documenting — key information to use to further advocate and understand connection opportunities in the Township. New: ➢ Mapping municipal land that may be available to use as space for towers or other technology; ➢ Working with internal departments to coordinate road reconstruction coordination, coordinate installs at new entrances, construction efforts etc.; ➢ Post a Request for Expression of Interest (RFEI), to look for an ISP who would be interested in filling the gaps in the Township (To be prepared and ready pending the outcome of the funding programs, announcements in 2021) ; ➢ Enhanced Partnership with the University of Guelph through the Capacity Development Internship Program for the summer of 2021 (honorarium for the Grad Student/Intern - $3,000), tasks could include: o Staff support for RFEI o Readiness and capacity development further research o Develop communications templates and information o Research benchmarks and goals for the ICTF - past, present, future We are looking forward to positive outcomes and are very hopeful that ISP's will have success with the UBF and other funding programs and will provide further opportunities for residents and the businesses in the Township. The ICTF will report back to Council and share announcements with the community as they become available to the public. Financial / Legal Implications / Risk Management: • Total costs at this time are $3,000 to be funded from the Internet Reserves. • Limited risk, the intern will be mentored by their course supervisor and the R2132 through the University of Guelph Capacity Development Program. All work can be accommodated remotely. Policies/Legislation: • Not applicable Corporate Services April 28, 2020 Report No. CS2021-12 Page 8 of 12 Page 60 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... Corporate Strategic Goals: • Balanced Growth Consultations: • Internet Connectivity Task Force • Economic Development Roundtable • Residents & Business Owners • Internet Services Providers • University of Guelph Rural Broadband Program (R2132) (Draft Policy Paper— Authors Helen Hambly, Professor & David Worden, Economist) • SWIFT • CIRA • CENGN • County of Simcoe Economic Development & IT Departments • Township of Springwater • Township of Ramara • Township of Puslinch + Puslinch Highspeed Committee • Local MP's & MPP's • North Simcoe Community Futures Development Corporation • Orillia CDC • Township Staff— IT, GIS, Infrastructure & Special Projects, Planning • Participation of staff in various workshops & webinars —AMO, Municipal World, EDCO, Government of Canada — UBF Attachments: • See links within the document • Appendix A: Broadband Programs in Canada Chart • Appendix B: Table 2: Key Metrics of Internet Quality of Service: Oro-Medonte Township Conclusion: Although the ICTF has undertaken many significant actions, and it is extremely exciting to see the activity of Fibre expansion and new tower installments within the municipality, there is a still a lot of work to be done. The need for internet connectivity has become more prevalent in the last year than ever before and has become a basic requirement for residents and businesses to function in day to day life. The Township of Oro- Medonte, a rural municipality challenged with topography and tree coverage, will now have Fibre throughout the main arteries of the Township. However, the more rural locations, as evidenced in our research and gap analysis, continue to be challenged in their opportunities for connection and levels of service that are available including; Corporate Services April 28, 2020 Report No. CS2021-12 Page 9 of 12 Page 61 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... reliability, speed, access and affordable costs. The recommendations and actions of the ICTF will continue to assist and position the Township to advocate for residents and businesses and be in a position to capitalize on opportunities as they present themselves. The support of a grad student/ intern and an enhanced partnership with the University of Guelph will provide additional support to the ICTF's initiatives. Respectfully submitted: Jennifer Whitley Coordinator, Economic Development & Communications Approvals: Date: Donna Hewitt, Director, Corporate Services April 20, 2021 Robin Dunn, CAO April 21, 2021 Corporate Services April 28, 2020 Report No. CS2021-12 Page 10 of 12 Page 62 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... Appendix A:The following has been sourced from the draft policy paper as referenced in the report (Hambly, 2021) Table 1: Broadband Programs in Canada and Ontario (2019-2021) Relevant to Municipalities Government Agency/Program Funding($CAD) Detail Federal Innovation,Science& $1.75 billion (total UBF closed March 15,2021. UBF will announce all projects by Economic over six years) of August 2021.All projects to be completed by March 31,2027. Development(ISED)— which $500 million Allocations earmarked as: Universal Broadband was previously • $750 million for large impact projects(incl. $600 million for Fund+top up on committed in C21; in Next Generation Access/low Earth orbit(LEO)capacity Connect to Innovate ON this includes . $50 million for mobile/cellular projects primarily benefit (C21) SWIFT and EORN Indigenous communities • $150 million for the "Rapid Response Stream" due Jan. 15, 2021 and to be completed by Nov. 15,2021 UBF included a new communications strategy with a helpdesk(1- 800-328-6189)and monthly"e-blast" updates UBF included two new StatsCan surveys to measure broadband usage Federal' Canada Canadian $750 million total Projects announced annually. Radio-Television and Second call for applications announced on March 19,2021 Telecommunications issued$57.7 million for 1,400 km of transport network in BC, Commission (CRTC)- Que,&ON.Allocated in SW ON: Broadband Fund . $279,428 allocated to Cogeco service in Jerseyville, ON (Hamilton)Telecom Decision CRTC 2021-108 • $569,518 in Florence, ON (Lambton County)Telecom Decision CRTC 2021-109 Provincial" Ministry of $4 billion over six ICON launched July 2020 with Intake 1(August 2020)and Intake Infrastructure— years beginning 2 (January 8 2021) Improving Connectivity 2019-20 •June 2020: $1 billion investment; this allocation includes 2019 for Ontario(ICON) commitments for existing investments in SWIFT Phase 1 and EORN • Nov. 2020: additional $690 million including another $250 for ICON Additional allocation in the 2021 Budget: $2.8 billion Federal/Provincial CENGN—Centre of As of Apr. 2021,four CENGN has a rural residential broadband program,a northern Excellence in Next rural residential community program,smart agriculture program,etc. Generation projects underway Networked Services in SW ON Federal/Provincial ENCQOR—Evolution $400 million Pre-commercial technology access and 5G low latency, high- of Networked Services partnership with bandwidth innovation testbed for small-and medium-sized Ericsson,Ciena enterprises in ON and Que. Canada,Thales Canada, IBM Canada and CGI Sources: ISED(2020; 2021), Government of Ontario(2020);CENGN (2021); ENQOR(2021). Notes: EORN (2021a; 2021b) Phase 1 2010-2015 was $175 million, in April 2021 EORN's Cell Project with Rogers partnership ($300 million of which provincial and federal funding provided $71 million each and $10 million from municipalities). EORN also has a Municipal Fibre Project and proposes a Phase 2 Gig Project.SWIFT Phase 1 is$209m under the Small Communities Fund (2016) with 84 projects underway or completed. SWIFT Phase 2 Gig Project is proposed. Corporate Services April 28, 2020 Report No. CS2021-12 Page 11 of 12 Page 63 of 187 10.a) CS2021-12, Jennifer Whitley, Coordinator, Economic Development/ Co... i Additional elements of Canada's High-Speed Access for All: Canada's Connectivity Strategy(1SED,2019) relevant to rural broadband are the$2 billion rural and northern stream of the Investing in Canada Infrastructure Program, Canadian Infrastructure Bank($I billion ovrer 10 years)and Accelerate Investment Incentive to ISPs. subsidized Internet devices and subscriptions under the Connecting Families program(ISED,n.d.). ii In the Province's strategy other relevant investments are in the modernization of the Ontario Energy Board that integrate broadband and cellular access;review of provincial assets including utility poles,towers,buildings etc.to optimize connectivity and encourage private sector investment. Other related programs include the Ontario Community Infrastructure Program(OCIF),Broadband Modernization Program and Learn at Home COVID-19 child benefit,educational infrastructure,subsidized devices or Internet access available through school boards. Appendix B: The following has been sourced from the draft policy paper as referenced in the report (Hambly, 2021) Table 2: Key Metrics of Internet Quality of Service: Oro-Medonte Township (2020-2021) Metric Measure Source Median download Internet speeds 5.2-5.93 Mbps Survey123/SWIFT/CIRA (n-=1494) Median upload Internet speeds 0.96-1 Mbps Survey123/SWIFT/CIRA (n-=1494) Mean latency 29.24 ms Survey123/SWIFT/CIRA (n-=1494) Primary Internet connection types fixed wireless(20.4%) Survey Monkey DSL(18.4%) (n=848) satellite(18.2%) cable modem (14.9%) mobile wireless(12%) fibre(3.4%) dial up(1.2%) don't know/unspecified (11.5%) Internet service providers Bell (41%) CIRA Xplornet(21%) (n-=1494) Rogers 16% others(n=38; 22%) Average monthly cost of service per $98.67-101.93/month Survey123/SWIFT/CIRA subscription plan (n- 827) Number of respondents with data caps 75% SWIFT(n=117) Number of respondents indicating data 59% SWIFT(n=80) overages Note: Percentages may not sum to 100%due to rounding. Corporate Services April 28, 2020 Report No. CS2021-12 Page 12 of 12 Page 64 of 187 10.b) DS2021-53, Andria Leigh, Director, Development Services re: Subdiv... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-053 Council Andria Leigh, Director, Development Services Meeting Date: Subdivision Agreement Motion # April 28, 2021 1157391 Ontario Inc. (ANT Homes) East Oro Estates Roll #: Pt Lot 16, Concession 11 R.M.S. File #: (Oro) D12 55687 Application: 2018-SUB-02 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-053 be received and adopted. 2. That the Township of Oro-Medonte enter into a subdivision agreement with 1157391 Ontario Inc. for the East Oro Estates subdivision comprised of 10 residential lots; 3. That the Clerk bring forward the By-law to enter into the subdivision agreement for Council's consideration; 4. That Staff arrange for the registration of the subdivision agreement by the Township's Solicitor after receipt of the revised M-Plan. 5. And that the developer be advised of Council's decision under the Director, Development Services signature. Background/Analysis: ANT Homes (1157391 Ontario Inc.) is intending to construct a residential development located on the west side of Line 11 North and south of the 15/16 Side Road East in the East Oro settlement area as shown on Schedule 1 of this report. The proposed development has access from Line 11 North through a new cul-de-sac (Eagle Way Court) and the proposed single detached residential lots will be serviced by individual wells and private individual on-site septic systems. A copy of the unregistered draft M- Plan that will be utilized for registration purposes which is discussed further in this report is included as Schedule 2 of this report. The lands were granted Draft Plan Approval by Council in September 2019 and contain sixty (60) draft plan conditions which are required to be fulfilled in order to proceed to final registration. The property is zoned Residential One Exception 248 Holding Development Services April 28, 2021 Report No. DS2021-053 Page 1 of 6 Page 65 of 187 10.b) DS2021-53, Andria Leigh, Director, Development Services re: Subdiv... (R1*248(H)) with the Holding Provision intended to remain in place until the development receives Substantial Completion of the Works following registration as discussed further below. In October 2020, the Township approved a Pre-Servicing Agreement through By-law 2020-100 allowing the developer to commence the subdivision works in accordance with the engineering drawings approved by the Township's Engineering Consultant (Jones Consulting) on February 2, 2021 and the submission of financial securities to ensure completion of these subdivision works. The developer has been working on completing and clearing each of the 60 draft plan conditions in order to obtain final approval and registration of the subdivision. The developer has been obtaining the necessary clearance letters from each of the agencies identified in the draft plan conditions. At the time of writing this report, all required agency clearance letters have been received to proceed with final approval. There is currently a 6.0 metre easement for emergency access purposes from Block 11 to the 15/16 Side Road East that is being replaced with a 3.5 metre land dedication. The landowner providing this land dedication has executed the required transfer documents and the Township solicitor registered these transfers last week. Based on this registration, the draft M-plan will be required to be revised to reflect this prior to registration which is noted by the surveyor on Schedule 2 by the following: "to be amended after transfer of property". Subject to these two outstanding matters, the developer is now in this position and wishes to proceed with the registration. In accordance with the draft plan conditions, the developer has now obtained the following comment letters or clearance letters from the following key agencies: Lake Simcoe Region Conservation Authority (clearance letter dated April 19, 2021), County of Simcoe (clearance letter dated April 19, 2021), Enbridge Gas (clearance letter dated October 7, 2020), Canada Post (clearance letter dated August 3, 2020), Simcoe Muskoka Catholic District School Board (clearance letter dated July 20, 2020), Simcoe County District School Board (clearance letter dated July 20, 2020 ), Bell Canada (clearance letter dated July 28, 2020), Rogers (clearance letter dated July 6, 2020), Hydro One (clearance letter dated June 23, 2020). The applicant's planning consultant has circulated the draft subdivision agreement to all clearing agencies. The Township of Oro-Medonte's requirements will be addressed through the execution of the subdivision agreement. Ministry of Environment, Conservation and Parks has issued an Environmental Compliance Approval for the Stormwater Management System (ECA NUMBER 1239- BQNSN6) on June 30, 2020. The Developer has provided the Township with the required insurance certificate and submitted the securities identified in Schedule "H" of the Subdivision Agreement in the amount of $ 293,456.01 to ensure the completion of the services for the development. These securities are in addition to the securities already received by the Township under the Pre-Servicing Agreement in October 2020. As noted in Schedule "F" of the Subdivision Agreement the developer has also provided the $ 20,000 required as cash in lieu of parkland. Development Services April 28, 2021 Report No. DS2021-053 Page 2 of 6 Page 66 of 187 10.b) DS2021-53, Andria Leigh, Director, Development Services re: Subdiv... As Council is aware, the Township is the final approval authority for plans of subdivision, which has been delegated to the Director, Development Services, and for completion of the subdivision registration process. With the completion of the subdivision agreement and compliance with the requirements of Section 1.1 of the Subdivision Agreement, final approval and registration of the subdivision can then proceed forward. Based on the receipt of all required clearance letters, it is Planning Staffs recommendation that Council pass a by-law to authorize the execution of the subdivision agreement, once the revised M-Plan is received Staff will proceed with the registration of the subdivision agreement and completion of the final approval process. As noted above, the Holding provision remains on the zoning of the property until such time as the Certificate of Substantial Completion (Municipal Underground Services) has been issued by the Township in accordance with Section 8.1 of the Subdivision Agreement. At that time, the necessary by-law to remove the Holding provision will be brought forward for Council's approval, thus allowing the Developer to apply for Building Permits once the development has been serviced and the plan is registered. The exception in this development relates to Lot 10 which has previously obtained all required permissions for the construction of a model home. Financial / Legal Implications / Risk Management: Addressed through the detailed provisions contained within the Subdivision Agreement provisions, the required Insurance Certificate and financial securities that have been provided by the developer for the construction and subdivision development. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: The Township's following Strategic Goal is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services April 28, 2021 Report No. DS2021-053 Page 3 of 6 Page 67 of 187 10.b) DS2021-53, Andria Leigh, Director, Development Services re: Subdiv... • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: • Manager, Development Engineering • Township Engineering Consultant • External Agencies Attachments: Schedule 1 — Location Map (Overall) Schedule 2 — Draft Plan of Subdivision 51 M- Conclusion: On the basis of the request received from the developer to enter into a subdivision agreement and the completion of all 60 draft plan conditions; it is recommended that Council pass a by-law authorizing the execution of a subdivision agreement with 1157391 Ontario Inc. being 10 residential lots in East Oro. Upon receipt of the revised M-Plan, Staff will instruct the Township solicitor to proceed with the registration of subdivision agreement and the subdivision. Respectfully submitted: Andria Leigh, Director, Development Services Approvals: Date: Robin Dunn, CAO April 22, 2021 Development Services April 28, 2021 Report No. DS2021-053 Page 4 of 6 Page 68 of 187 10.b) DS2021-53, Andria Leigh, Director, Development Services re: Subdiv... Schedule 1: Location Map ere 16M 854 1583 1603 1563 c"maeea 842 833 1549 1 838 829 1535 828 815 1523 820 1494 1505 846 ♦� 1499 1460 � G 1948 1468 801 a v1471 1424 1432 1412 1467 792 1396 1435 1441 768 775 1415 758 1441 1384 1401 744 718 7� y 1375 547 1219 Schedule 1 ` Location �'Inu�ip of IM Subject Lands Proud Heritage,Exciting Future LJ o too 200 m -ile Number:2018-SUB-02 N I l i t i r l Development Services April 28, 2021 Report No. DS2021-053 Page 5 of 6 Page 69 of 187 10.b) DS2021-53, Andria Leigh, Director, Development Services re: Subdiv... Schedule 2 — Draft Plan of Subdivision 51 M- N y s; 66i gip F FRS Y F y� ;V 8 O O y ;6 ist ill !1 5OZ 3tl3 s4 3og!. g4 1figgeaa 3 w0. =lo- Gz ... ....... ay z OOo a SCS R agF 6@ wa C.) i a sa8n Gtly� QqR �§F 4Uw-.Ms'xr .3fN1 HLII. SY Qi[502 oil ------------------ LI L'NY 11 SAC 553�hYJ N3a Lib TMMO Y QYb +r a tt 4sso-l.m ,yy S 4 I � be xYle YxlavdR� Trs" � u 8 "j• q h a � " rzsRs- xrw s `y „ rYRRc-alc xYW t t �R� ^ L O w ave m 8—�gk a+amra R a ' p R pb � Wnw-vas � I'! .. •' �° ^�•�R 71 4i1¢a-u..wry •r '^ �R4 H � -. �R'q_.RCS Z KAK-IxR hYW I R 8 fIF9 - b'1S!e T hF�rl `��1vTd P` � 9i.[RI-xli x.'W Q 3 Development Services April 28, 2021 Report No. DS2021-053 Page 6 of 6 Page 70 of 187 10.c) OCS2021-10, Justin Metras, Manager, Infrastructure and Capital Pro... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: OCS 2021-10 Council Justin Metras Meeting Date: Subject: Motion # April 28, 2021 Award of tender OCS 2021- Roll #: 006 — Line 4 Walkway— R.M.S. File #: Horseshoe Valley Road to Highland Drive Recommendation(s): Requires Action For Information Only It is recommended that: 1. Report No. OCS2021-10 be received and adopted; 2. That Tender OCS 2021-006— Line 4 Walkway - Horseshoe Valley Road to Highland Drive be awarded to Nation Wide Paving Ltd in the amount of $166,350.00 plus HST; 3. That the Director, Operations and Community Services be authorized to execute the appropriate agreements on behalf of the Township; 4. And that the Bidders be thanked and notified under the Director, Operations and Community Services signature. Background: In order to accommodate residential growth and to provide improved pedestrian access and facilitate active transportation to community facilities, an asphalt walkway from Horseshoe Valley Road to Highland Drive was approved in the 2021 capital budget. The design of the sidewalk was previously undertaken in 2020. Tender 2021-006 Line 4 North Walkway— Horseshoe Valley Road to Highland Drive was posted on the Township website, and advertised on the Biddingo (Government Contract Portal) website. The Tenders were opened at the Administration Centre on Thursday, March 18, 2021 at 2:00 p.m. Thirteen (13) tender packages were received prior to the tender closing. No additional tenders were received after the advertised closing date and time. Operations and Community Services April 28, 2021 Report No. OCS 2021-10 Page 1 of 3 Page 71 of 187 10.c) OCS2021-10, Justin Metras, Manager, Infrastructure and Capital Pro... Analysis: The results of the tender "OCS 2021-006 Line 4 Walkway— Horseshoe Valley Road to Highland Drive"ranged from $166,350.00 to $366,355.20. The top three are as follows: Nation Wide Paving Four Brothers Construction Leading Edge Earthworks $ 166,350.00 $199,636.00 $222,579.70 Twelve (12) submissions met the mandatory tender requirements and one was disqualified as an incomplete bid. Staff have undertaken a review of the submissions and are recommending that Tender OCS 2021-006 be awarded to Nation Wide Paving Ltd. A communication plan has been established for the project and will contain the following elements: a) Detailed communications to residents who will be impacted by the work (construction notices); b) Reports back to Council in monthly project reporting. Financial / Legal Implications / Risk Management: NAME OF BIDDER Nation Wide Paving $166,350.00 HST (1.76) non- recoverable $2927.76 $169,277.76 Geotechnical $2500.00 TOTAL $1711777.76 The approved 2021 capital budget allocation for this project is $250,000. The market pricing has come in under the project budget resulting in projected positive variance of $78,222.24. The tender contract and bids received contain a $30,000 contingency provision carried by the contractor in the event of necessary scope changes. This will only be drawn upon in the event changes are required. Operations and Community Services April 28, 2021 Report No. OCS 2021-10 Page 2 of 3 Page 72 of 187 10.c) OCS2021-10, Justin Metras, Manager, Infrastructure and Capital Pro... Pol icies/Legislation: • Purchasing and Tendering Procedures Corporate Strategic Goals: • Continuous Improvement and Fiscal Responsibility • Enhanced Communication and Customer Service Consultations • Director, Operations and Community Services Attachments: • 2021 Budget Project Worksheet Conclusion: The results of tender OCS 2021-006, Line 4 North Walkway— Horseshoe Valley Road to Highland Drive reflects competitive market pricing which has come in under the approved 2021 capital budget allocation. Respectfully Submitted: Justin Metras, CET, CRS-1 Manager, Infrastructure and Capital Projects Approvals: Date Shawn Binns, April 12, 2021 Director, Operations and Community Services Robin Dunn, CAO April 21, 2021 Operations and Community Services April 28, 2021 Report No. OCS 2021-10 Page 3 of 3 Page 73 of 187 �L�c) OCS2021-10, Justin Metras, Manager, Infrastructure and Capital Pro... Township of CAPITAL PROJECT JUSTIFICATION - 2021 Form Version 001 Proud Heritage,Exciting Future Project Name ISidewalks Statusl Initial Submission Department 80-TRANSPORTATION-30 Year 1 2021 Service Level Impact lincreasing Link to Strat Plan(check all that apply) ❑Continuous Improvement&Fiscal Responsibility ❑Enhanced Communications&Customer Service Target Start Date& Q2 2021 to Q4 2022 ❑Balanced Growth End Date ❑Inclusive,Healthy Community eg.02 2021 to Q4 2022 ❑Employer of choice Project Description 2021 -Line 4 Sidewalk, Highland Drive to Line 4 Park 2022-Warminister Sideroad Sidewalk, Danny McHugh Park to Preston Drive. Project Rationale/ To improve that safety of pedestrian traffic accessing the local schools or Township owned parks. Benefits Impact on Operating Increased snow removal costs Costs Alternative Options Do nothing Considered Impact if Project Not Reduced safety of pedestrian traffic. Approved Prior Years 5 Year Capital Forecast IUIAL 2020 Projected PY's Projected +Budget Approved Costs to BUDGET 2021-20211 Budgets End of 2020 2021 2022 2023 2024 2025 EXPENDITURES Consulting - Contracted Services 500,000 250,000 250,000 Engineering - Internal Salaries - Internal Benefits - Materials - Equipment Rental - Other - TOTAL EXPENDITURES 500,000 - - 250,000 250,000 - - - FUNDING Tax Lev - Reserves 275,000 87,500 187,500 Development Charges 225,000 162,500 62,500 Grant Funding - Fundraising - Debt Issuance - User Pay - Developer Pay - Other - TOTAL FUNDING 500,000 - - 250,000 250,000 - - - Check Funding= Expenditures - - - - - - - - Balanced Balanced Balanced Balanced Balanced Balanced Balanced Balanced Page 74 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: OCS 2021-11 Council Brad Robinson Meeting Date: Subject: Motion # April 28, 2021 Line 4 North — Hydro Roll #: Easements R.M.S. File #: Recommendation(s): Requires Action For Information Only It is recommended that: 1. Report No. OCS2021-11 be received and adopted; 2. That the proposed two rights of easement for Hydro One infrastructure be granted; 3. That the Mayor and Clerk be authorized to execute the easement agreements on behalf of the Township. Background: Hydro One has consulted with the Township of Oro-Medonte regarding required utility infrastructure changes resulting from The County of Simcoe's upgrading of Horseshoe Valley Road (Country Road 22) through the Horseshoe Valley corridor. Due to the size of the intersection roundabout design at Line 4N and Horseshoe Valley Road, property within the existing Township right-of-way to allow for Hydro One infrastructure is limited and would not be able to feasibly accommodate the required utility relocation. Staff have worked with Hydro One to determine appropriate locations at the Horseshoe Valley Memorial Park (south west corner) and Fire Station 3 (north west corner). Hydro One are now officially requesting easements to allow for the required Hydro One infrastructure relocation. Analysis: As a public utility Hydro One has a prescribed right to install hydro infrastructure within a public road allowance. Any infrastructure beyond the road allowance requires that a formal agreement be executed with the landowner. Operations and Community Services April 28, 2021 Report No. OCS 2021-11 Page 1 of 3 Page 75 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... The requested easements will align with the existing underground infrastructure that feeds the hydro station located behind the Station 3 Fire Hall. Due to a number of limitations, underground servicing is the only option to relocate Hydro One infrastructure. The end result will be three feeder lines that require switches installed on the new easements. Township Staff have met onsite with Hydro One staff. All structures and layout have been approved in the field by Township Operations Staff and the Fire Chief. As part of the discussion with Hydro One, the Township has expressed the requirement to have an existing Hydro One easement located on the south side of the Station 3 Fire Hall lifted as this is required to accommodate the Station 3 expansion project. Financial / Legal Implications / Risk Management: As part of Hydro One taking the new easements, Hydro One has agreed to waive the $1695.00 release fee for the existing hydro easement located on the south side of Station 3 Fire hall. A total of$2027 will be provided to the Township from Hydro One for the two easements based on a prescriptive Hydro One formula. The cost of registering the easements will be borne by Hydro One. All Hydro One infrastructure located within the park easement will be in a location that will not present a risk to park users and be in close proximity to the existing property line. Infrastructure located on the Fire Hall easement will also be close to the property line and have little impact on parking, snow removal or future Fire Hall development. The agreement has been reviewed by the Township's legal counsel and no concerns have been identified. Policies/Legislation: • Electricity Act Corporate Strategic Goals: • Balanced Growth Consultations • Director, Operations and Community Services • Fire Chief— Township of Oro-Medonte • Township legal counsel • Hydro One Operations and Community Services April 28, 2021 Report No. OCS 2021-11 Page 2 of 3 Page 76 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Attachments: Attachment 1 - Location maps Attachment 2 - Easement Agreement Horsehsoe Valley Memorial Park Attachment 3- Easement Agreement Station 3 Fire Hall Conclusion: It is recommended that the Township execute the proposed easement agreements to allow Hydro One to relocate their infrastructure on Township lands to accommodate the planned County of Simcoe intersection improvements at Line 4N and Horseshoe Valley Road. Respectfully Submitted: Brad Robinson Infrastructure and Capital Projects Coordinator Approvals: Date Shawn Binns, April 21, 2021 Director, Operations and Community Services Robin Dunn, CAO April 21, 2021 Operations and Community Services April 28, 2021 Report No. OCS 2021-11 Page 3 of 3 Page 77 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Oro-Medonte - Hydro Easement Locations Ilk it F Park Easement Fire Stati a ,< .z. L +f P �c v This map,either in whole or in part,may not be reproduced without the written authority from 1:1 128 The Corporation of the County of se This map is intended for personal use,,has has been produced using data from a variety of sources and may not be current or accurate. �4 Produced(in part)under license from: ©Her Majesty the Queen in Right of Canada,Department of Natural Resources: 0 0.015 0.03 0.06 km Township of O Queens Printer,Ontario Ministry of Natural Resources: ©Teranet Enterprises Inc.and its suppliers: ``// ��.•// ©Members of the Ontario Geospatial Data Exchange. p�-�I 21 2021 Page 78r�af �87 Al,rights reserved.THIS IS NOT A PLAN OF SURVEY. A a rrn,Lr,Ex rrirft Future 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... OFFER TO GRANT AN EASEMENT TO HYDRO ONE NETWORKS INC. (the"Agreement") Township of Oro Medonte(the"Transferor"), Being the owner of Township Lot 1 in Concession 5, in the Municipality of Barrie, (Geographic Township of Oro)in the County of Simcoe according to Registered Plan No. ,Part(s) and as described in PIN No. 74056-0055) (herein called the"Lands")in consideration of payment of the sum of Fifty Dollars (S50.00) (the"Offer Consideration"), and other good and valuable consideration,the sufficiency of which consideration is hereby acknowledged, hereby covenants and agrees as follows: 1. (a) THE Transferor hereby grants to Hydro One Networks Inc. its successors and assigns (the "Transferee") the exclusive right, irrevocable during the periods of time below specified in paragraph 2, (the "Offer") to purchase, free from all encumbrances and upon the terms and conditions hereinafter set out, the perpetual rights, easements and privileges set out in the Transfer and Grant of Easement document (the "Transfer of Easement") annexed hereto as Schedule `B" (the "Rights") in, through, under, over, across, along and upon that portion of the above Lands as shown crosshatched on Schedule "A"hereto annexed(the"Strip"). (b) THE Offer Consideration shall be paid by the Transferee to the Transferor within 30 days from the date the Transferor signs this Agreement. (c) THE purchase price for the Rights shall be the sum of FIVE HUNDRED EIGHT DOLLARS ($ 508.12) of lawful money of Canada to be paid by uncertified cheque, mailed to the Transferor after registration (the "Purchase Price"). 2. THIS Offer may be accepted by the Transferee any time within One Hundred and Twenty (120) days from the date of this Agreement by a letter delivered or facsimile transmission or mailed postage prepaid and registered or by courier, to the Transferor at the address set out in paragraph 12 herein. If this Offer is not accepted within this time frame, this Agreement and everything herein contained shall be null, void and of no further force or effect. If this Offer is accepted by the Transferee in the manner aforesaid, this Agreement and the letter accepting such Offer shall then become a binding contract between the parties, and the same shall be completed upon the terms herein provided for. 3. THE Transfer of Easement arising from the acceptance of this Offer shall be executed and delivered to the Transferor on or before the One Hundred and Eightieth (180'') day after the date of Transferee's acceptance of this Offer (the "Closing"), and time shall in all respects be of the essence hereof. In the event that a survey is not available by the One Hundred and Eightieth (180th) day after the date of the Transferee's acceptance of this Offer, the Transferee is entitled, upon written notice to the Transferor, to extend the Closing for up to an additional One Hundred and Eighty (180) days and time shall in all respects be of the essence hereof. 4. IF the Transferee accepts the Offer herein: a) the Transferor shall not grant or transfer an easement or permit, or create any encumbrance over or in respect of the Strip prior to registration of the Transfer of Easement, and b) the Transferee has permission to approach prior encumbrancers or any third parties who have existing interests in the Strip to obtain all necessary consents,postponements or subordinations (in registrable form) from all current and future prior encumbrancers and third parties, if necessary, consenting to this Transfer of Easement, and/or postponing their respective rights, title and interest so as to place such Rights and Transfer of Easement in first priority on title to the Strip. 1 Page 79 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Jer. RE 5. THE Transferor covenants and agrees to instruct and authorize any and all encumbrancers, mortgagees and chargees of the Lands to execute the Transfer of Easement. 6. THE Transferor covenants and agrees with the Transferee that it has the right to convey the Rights without restriction and that the Transferee will quietly possess and enjoy the Rights and that the Transferor will execute upon request such further assurances of the Rights as may be requisite to give effect to the provisions of this Agreement. 7. AS of the date of the Transferee's acceptance of this Offer, the Transferor grants to the Transferee, in consideration of the Offer Consideration, free from all encumbrances, easements and restrictions the following unobstructed and exclusive rights, easements, rights of way, covenants, agreements and privileges in,through,under, over, across, along and upon the Strip: (a) To erect, maintain, operate, repair, replace, relocate, upgrade, reconstruct and remove at any time and from time to time, an electrical transmission line or lines and communication line or lines consisting of all necessary pole(s) and all necessary anchor(s) with all necessary guys, braces, wires, cables, underground cable and associated material and equipment and if applicable, pad- mounted equipment(all or any of which works are herein called the"Line"); (b) To erect, maintain and use such gates as the Transferee may from time to time consider necessary in any fences which are now or may hereafter be installed on the Strip by the Transferor; (c) To enter on and mark the location of the Line under the Strip by suitable markers, but said markers when set in the ground shall be placed in fences or other locations which will not interfere with any reasonable use the Transferor shall make of the Strip; (d) (i) To enter on and selectively cut trees and shrubs on the Strip and to keep it clear of all trees, shrubs and brush which may interfere with the safe operation and maintenance of the Line; (ii) To cut, prune and remove, if necessary, trees located outside the Strip whose condition renders them liable to interfere with the safe operation and maintenance of the Line; (e) To enter on and conduct engineering and legal surveys in, on and over the Strip; (f) To clear the Strip and keep it clear of all buildings, structures or other obstructions of any nature whatsoever (including septic systems, swimming pools and wading pools) including removal of any materials which in the opinion of the Transferee are hazardous to the Line. Notwithstanding the foregoing, in all cases where in the sole discretion of the Transferee the safe operation and maintenance of the Line is not endangered or interfered with,the Transferor from time to time or the person or persons entitled thereto, may with prior written approval of the Transferee, at the Transferor's own expense construct and maintain roads, lanes, walks, drains, sewers, water pipes, oil and gas pipelines and fences (not to exceed 2 metres in height) on or under the Strip or any portion thereof, provided that prior to commencing any such installation, the Transferor shall give to the Transferee 30 days' notice in writing so as to enable the Transferee to have a representative inspect the site and be present during the performance of the work and that the Transferor complies with any instructions that may be given by such representative in order that such work may be carried out in such a manner as not to endanger, damage or interfere with the Line. For clarity, the Transferor agrees it shall not, without the Transferee's consent in writing, change or pen-nit the change of the existing configuration, grade or elevation of the Strip and the Transferor further agrees that no excavation or opening or work which may disturb or interfere with the existing surface of the Strip shall be done or made unless consent therefore in writing has been obtained from Transferee; 2 Page 80 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... ✓er. RE (g) To enter on, to exit from and to pass and repass at any and all times in, over, along, upon, across, through and under the Strip and so much of the Lands as may be reasonably necessary, at all reasonable times, for the Transferee and its respective officers, employees, workers, permitees, servants, agents, contractors, subcontractors, with or without vehicles, supplies, machinery, plant, material and equipment of all purposes necessary or convenient to the exercise and enjoyment of the said Rights and easement subject to payment by the Transferee of compensation for any crop or other physical damage only to the Land caused by the exercise of this right of entry and passageway; and (h) To remove, relocate and reconstruct the Line on or under the Strip, subject to payment by the Transferee of additional compensation for any damage caused thereby. 8. THIS Agreement and Grant of Easement Rights shall both be subject to the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended. 9. THE Transferor represents and warrants and covenants that the Transferor is not now and on Closing will not be a non-resident of Canada within the meaning of the Income Tax Act (Canada) R.S.C. 1985, c.I (5th Supp.), as amended. 10. THE Transferor and Transferee acknowledge and agree that the grant of easement which is proposed under this Offer constitutes a purchase and sale transaction of an interest in real property, and therefore, in conformance with subsections 221(2) and 228(4) of the Excise Tax Act R.S.C. 1985, c E-15, as amended ("the Act"), the Transferee shall report and pay to the Receiver General for Canada the Harmonized Sales Tax ("HST") applicable to the purchase and sale of the Easement. For the purposes of this section 10, the Transferee warrants that it is an HST registrant in good standing under the Act, that its HST registration number is 870865821RT0001, and that it is acquiring the Easement for use primarily in the course of its commercial activities. 11. ANY acceptance of this Offer, demand, notice or other communication shall be deemed to have been conclusively given in connection with this Agreement and shall be given in writing by personal delivery, by ordinary mail, by registered mail postage prepaid, by courier, by facsimile transmission, or by electronic delivery through email, addressed to the recipient as follows: To: Transferor Transferee Township of Oro Medonte Hydro One Networks Inc. Attention: Address: 148 Line 7 South 45 Sarjeant Drive Oro-Medonte, ON LOL2EO Barrie,ON,L4M 5N5 Phone: (705)487-2171 ex 2118 (289) 383-7196 Email: 3 Page 81 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Ver. RE or to such other address, facsimile number, email address or individual as may be designated by notice given by either party to the other. Any acceptance of this Offer, demand notice or other communication shall be conclusively deemed to have been given when actually received by the addressee if communication is sent by personal delivery, facsimile or email or upon the fifth day of mailing where the communication is sent by ordinary mail, or the second day after mailing where the communication is sent by courier. 12. THE Transferor covenants and confirms that they are in fact the parties named in 12.Transferor this Offer to Grant and are not misrepresenting their identities to the Transferee. The Identification Transferee's employee (the "ADET") and the Transferor acknowledge that the Presented to ADET following are the particulars of the Transferor's identification presented today to the ADET: Transferor Initials Corporation:Township of Oro Medonte ❑ ❑ Business Address:148 Line 7 South ADET Initials Oro-Medonte, ON LOL2EO Business Telephone#:(705)487-2171 ex 2118 Corporation or Business Identification Number: Place of Issuance of Number: General Nature of Business: Signing Authority Second Signing Authority [where necessary] Name Position Phone Number Address 13. THE Transferor hereby consents to the collection, use, disclosure and other handling of the information contained herein (and in particular, the information contained in Sections 11 and 12 above), by Hydro One Networks Inc. and Barriston LLP and their respective successors, assigns, employees, agents, officers, directors and service providers for purposes relating to the grant of easement by the Transferor to Hydro One Networks Inc. with respect to the Lands. 14. THE Transferor covenants and agrees that if and before the Transferor sells, transfers, assigns, disposes (or otherwise parts with possession) of all or part of the Lands to a third party (the "Third Party") the Transferor shall advise the Transferee of the intended change forthwith and, where requested to do so by the Transferee, shall use best efforts to ensure that the Third Party assumes the burden and benefit of this Agreement, and agrees to be bound by it. 15. THE Transferor acknowledges that the Transferor is entitled to consult with an 15.Independent Legal independent solicitor of the Transferor's choice prior to accepting this Offer. Advice and Legal Further, the Transferor acknowledges that he/she may retain independent legal Representation representation for the purposes of the registration of the Transfer of Easement (the Acknowledged "Transaction"). In accepting this Offer the Transferor acknowledges he/she has had Transferor Initials 4 Page 82 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Jer. RE the opportunity to seek independent legal advice, and either has done so or has chosen not to do so. 16.Transferee's Solicitor 16. THE Transferor acknowledges and agrees that it has elected to allow Barriston LLP Not Acting As or such other lawyer or law firm as the Transferee designates in writing, (the Solicitor for "Transferee's Solicitor") to act as a registering agent for the Transferor as follows: Transferor Initials (a) THE Transferor acknowledges being advised that the Transferee's Solicitor is Transferor Initials not entering into a solicitor-client relationship with the Transferor and is NOT representing the Transferor, solely or jointly with the Transferee, for the purposes of the registration of the Transfer or Easement. (b) THE Transferor further acknowledges that the Transferee's Solicitor is acting for the Transferor solely for the purposes of the Transaction as a registering agent and has not acted for the Transferor in any respect in connection with the preparation,negotiation or completion of the Transfer of Easement or otherwise. 17. THE Transfer of Easement and all ancillary documents necessary to register same 17.Acknowledgement on title shall be prepared by and at the expense of the Transferee and shall be in the and Direction to form annexed as Schedule "B". The following covenants, acknowledgments and Transferee's agreements shall apply: Solicitor to Register Easement (a) THE Transferor hereby covenants and agrees that the Transferee may, at its option, register this Agreement or Notice thereof, and the Transfer of Easement on Transferor Initials title to the Lands, and the Transferor hereby covenants and agrees to execute, at no further cost or condition to the Transferee, such other instruments, plans and documents and provide any such information as may reasonably be required by the Transferee to effect registration of this Agreement or Notice thereof prior to closing and the Transfer of Easement at any time hereafter. The Transferor further acknowledges that the Transfer of Easement document has been explained to him/her and further acknowledges that it is understood that the Transferor is bound by the terms and provisions of the Transfer of Easement documents to the same extent as if the Transferor signed the documents. (b) THE Transferor further acknowledges and agrees that the Transferee and/or the Transferee's agent or employee or the Transferee's Solicitor, including Barriston LLP, are authorized and directed to sign, deliver, and/or register electronically or otherwise on the Transferor's behalf a Transfer of Easement in accordance with the terms of this Offer and in accordance with a Reference Plan. The Transferee or the Transferee's Solicitor will send said Reference Plan along with a copy of the Transfer of Easement document to the Transferor prior to registration. Absent a written objection to the Reference Plan or Transfer Easement In Preparation document from the Transferor received by the Transferee or the Transferee's Solicitor within Fourteen (14) Days of the date the Plan was sent, the Transferee or the Transferee's Solicitor shall be entitled to proceed with registration in accordance with the terms of this Agreement. 18. ALL covenants herein contained shall be construed to be several as well as joint, and wherever the singular and the masculine are used in this Agreement, the same shall be construed as meaning the plural or the feminine or neuter, where the context or the identity of the Transferor/Transferee so requires. 5 Page 83 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Ver. RE 19. THE burden and benefit of this Agreement shall run with the Strip and the works and undertaking of the Transferee and shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20. THIS Agreement may be executed in one or more counterparts, each of which shall be deemed an original and together shall constitute one and the same agreement. Counterparts may be executed either in original or by electronic means, including, without limitation, by facsimile transmission, e- signature and by electronic delivery in portable document format(".pdf') or tagged image file format (".tit") and the parties shall adopt any signatures received by electronic means as original signatures of the parties. 6 Page 84 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... IN WITNESS WHEREOF the Transferor has hereunto set his/her/their hands and seal to this Agreement,this,the day of 120 SIGNED,SEALED AND DELIVERED X I have the authority to bind the Corporation. Print Name: Print Title: Second Signing Officer [Where Necessary] X I have the authority to bind the Corporation. Print Name: Print Title: 7 Page 85 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... SCHEDULE "A" Strip 8 Page 86 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... SCHEDULE "B" INTEREST/ESTATE TRANSFERRED—EASEMENT IN GROSS 1. Township of Oro Medonte(the "Transferor"), being the owner of Township Lot 1 in Concession 5, in the Municipality of Barrie, (Geographic Township of Oro), in the County of Simeoe, according to Registered Plan no. being PIN No. 74056-0055) (the "Lands") hereby grants to Hydro One Networks Inc. (herein called the "Transferee"), its successors and assigns, the exclusive, perpetual rights, easements, rights of way, covenants, agreements and privileges as herein set out in, through, under, over, across, along and upon that portion of the Lands more particularly described as Parts on Plan (the "Strip"): (a) To erect, maintain, operate, repair, replace, relocate, upgrade, reconstruct and remove at any time and from time to time, an electrical transmission line or lines and communication line or lines consisting of all necessary pole(s) and all necessary anchor(s) with all necessary guys, braces, wires, cables, underground cable and associated material and equipment and if applicable, pad- mounted equipment(all or any of which works are herein called the"Line"); (a) To enter on and erect, maintain and use such gates as the Transferee may from time to time consider necessary in any fences which are now or may hereafter be installed on the Strip by the Transferor; (b) To enter on and mark the location of the Line under the Strip by suitable markers, but said markers when set in the ground shall be placed in fences or other locations which will not interfere with any reasonable use the Transferor shall make of the Strip; (e) (i) To enter on and selectively cut trees and shrubs on the Strip and to keep it clear of all trees, shrubs and brush which may interfere with the safe operation and maintenance of the Line; (ii) To cut, prune and remove, if necessary, trees located outside the Strip whose condition renders them liable to interfere with the safe operation and maintenance of the Line; (d) To conduct engineering and legal surveys in, on and over the Strip; (e) To clear the Strip and keep it clear of all buildings, structures or other obstructions of any nature whatsoever (including septic systems, swimming pools and wading pools) including removal of any materials which in the opinion of the Transferee are hazardous to the Line. Notwithstanding the foregoing, in all cases where in the sole discretion of the Transferee the safe operation and maintenance of the Line is not endangered or interfered with, the Transferor from time to time or the person or persons entitled thereto, may with prior written approval of the Transferee, at the Transferor's own expense construct and maintain roads, lanes, walks, drains, sewers, water pipes, oil and gas pipelines and fences (not to exceed 2 metres in height) on or under the Strip or any portion thereof, provided that prior to commencing any such installation, the Transferor shall give to the Transferee 30 days' notice in writing so as to enable the Transferee to have a representative inspect the site and be present during the performance of the work and that the Transferor complies with any instructions that may be given by such representative in order that such work may be carried out in such a manner as not to endanger, damage or interfere with the Line. For clarity, the Transferor agrees it shall not, without the Transferee's consent in writing, change or permit the change of the existing configuration, grade or elevation of the Strip and the Transferor further agrees that no excavation or opening or work which may disturb or interfere with the existing surface of the Strip shall be done or made unless consent therefore in writing has been obtained from Transferee; (f) To enter on, to exit from and to pass and repass at any and all times in, over, along, upon, across, through and under the Strip and so much of the Lands as may be reasonably necessary, at all reasonable times, for the Transferee and its respective officers, employees, workers, permitees, servants, agents, contractors, subcontractors, with or without vehicles, supplies, machinery, plant, 9 Page 87 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... ✓er. RE material and equipment of all purposes necessary or convenient to the exercise and enjoyment of the said Rights and easement subject to payment by the Transferee of compensation for any crop or other physical damage only to the Land caused by the exercise of this right of entry and passageway; and (g) To remove, relocate and reconstruct the Line on or under the Strip, subject to payment by the Transferee of additional compensation for any damage caused thereby. 2. This Transfer of Easement shall be subject to the Planning Act, R.S.O. 1990, c. P. 13, as amended. 3. This Transfer of Easement is given for the purpose of an electricity distribution or electricity transmission line within the meaning of Part VI of the Ontario Energy Board Act, 1998, S.O. 1998, c. 15. Sched B, as amended. 4. The Transferor agrees that notwithstanding any rule of law or equity, the works installed by the Transferee shall at all times remain the property of the Transferee, notwithstanding that such works are or may become annexed or affixed to the Strip and shall at any time and from time to time be removable in whole or in part by Transferee 5. No waiver of a breach or any of the covenants of this grant of Rights shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 6. All covenants herein contained shall be construed to be several as well as joint where the context or the identity of the Transferor/Transferee so requires. 7. The burden and benefit of this Transfer of Easement shall run with the Strip and the works and undertaking of the Transferee and shall be binding upon and enure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 10 Page 88 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure ar@ Capital roje is Qqo... Y Q N � V1 0) O y+ c0 E Ln N O UO 'X C 0 N > f0 V! 0 CD O w Lf) N a � E N Q p Q Y C x O M O a) U E LO r aMo r c E H � o ° ' z U —j Cn * o1-0 LPL un E N L.LM O r- 00 a �,O O ~ ; O � (n o ,n _ 3: Q a) y� CL 0s dyad aJ O c y a� I aaa I c ern N y o Ln y _ y m N U 0 LL U O � Z � O � O 00 O O c m O O o O O 4t _ U LE M O d O v L- C: rn 0 U 0 d O O Q o N (n '� O\ C: v N Ti [O (.0 J E C14 O C N LL D oc, m « E _ m c m � Z in CO rn c IM Z m Z in O O c d 2j o 3 3 3 3 T T o. O O O O x x O 'e# O L _ O o v O L Ln L O 'a m L o p U a) v v � U a) Q c a z o Q � a 0 0 3�' �: in v� in am m m x x x n3 Q z 89 of 187a'age 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... OFFER TO GRANT AN EASEMENT TO HYDRO ONE NETWORKS INC. (the"Agreement") Township of Oro Medonte(the"Transferor"), Being the owner of Township Lot 1 in Concession 5, in the Municipality of Barrie, (Geographic Township of Oro)in the County of Simcoe according to Registered Plan No. ,Part(s) and as described in PIN No. 74056-0053) (herein called the"Lands")in consideration of payment of the sum of Fifty Dollars (S50.00) (the"Offer Consideration"), and other good and valuable consideration,the sufficiency of which consideration is hereby acknowledged, hereby covenants and agrees as follows: 1. (a) THE Transferor hereby grants to Hydro One Networks Inc. its successors and assigns (the "Transferee") the exclusive right, irrevocable during the periods of time below specified in paragraph 2, (the "Offer") to purchase, free from all encumbrances and upon the terms and conditions hereinafter set out, the perpetual rights, easements and privileges set out in the Transfer and Grant of Easement document (the "Transfer of Easement") annexed hereto as Schedule `B" (the "Rights") in, through, under, over, across, along and upon that portion of the above Lands as shown crosshatched on Schedule "A"hereto annexed(the"Strip"). (b) THE Offer Consideration shall be paid by the Transferee to the Transferor within 30 days from the date the Transferor signs this Agreement. (c) THE purchase price for the Rights shall be the sum of ONE THOUSAND FIVE HUNDRED NINETEEN DOLLARS ($1,519.36) of lawful money of Canada to be paid by uncertified cheque, mailed to the Transferor after registration (the "Purchase Price"). 2. THIS Offer may be accepted by the Transferee any time within One Hundred and Twenty (120) days from the date of this Agreement by a letter delivered or facsimile transmission or mailed postage prepaid and registered or by courier, to the Transferor at the address set out in paragraph 12 herein. If this Offer is not accepted within this time frame, this Agreement and everything herein contained shall be null, void and of no further force or effect. If this Offer is accepted by the Transferee in the manner aforesaid, this Agreement and the letter accepting such Offer shall then become a binding contract between the parties, and the same shall be completed upon the terms herein provided for. 3. THE Transfer of Easement arising from the acceptance of this Offer shall be executed and delivered to the Transferor on or before the One Hundred and Eightieth (180'') day after the date of Transferee's acceptance of this Offer (the "Closing"), and time shall in all respects be of the essence hereof. In the event that a survey is not available by the One Hundred and Eightieth (180th) day after the date of the Transferee's acceptance of this Offer, the Transferee is entitled, upon written notice to the Transferor, to extend the Closing for up to an additional One Hundred and Eighty (180) days and time shall in all respects be of the essence hereof. 4. IF the Transferee accepts the Offer herein: a) the Transferor shall not grant or transfer an easement or permit, or create any encumbrance over or in respect of the Strip prior to registration of the Transfer of Easement, and b) the Transferee has permission to approach prior encumbrancers or any third parties who have existing interests in the Strip to obtain all necessary consents,postponements or subordinations (in registrable form) from all current and future prior encumbrancers and third parties, if necessary, consenting to this Transfer of Easement, and/or postponing their respective rights, title and interest so as to place such Rights and Transfer of Easement in first priority on title to the Strip. 1 Page 90 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Jer. RE 5. THE Transferor covenants and agrees to instruct and authorize any and all encumbrancers, mortgagees and chargees of the Lands to execute the Transfer of Easement. 6. THE Transferor covenants and agrees with the Transferee that it has the right to convey the Rights without restriction and that the Transferee will quietly possess and enjoy the Rights and that the Transferor will execute upon request such further assurances of the Rights as may be requisite to give effect to the provisions of this Agreement. 7. AS of the date of the Transferee's acceptance of this Offer, the Transferor grants to the Transferee, in consideration of the Offer Consideration, free from all encumbrances, easements and restrictions the following unobstructed and exclusive rights, easements, rights of way, covenants, agreements and privileges in,through,under, over, across, along and upon the Strip: (a) To erect, maintain, operate, repair, replace, relocate, upgrade, reconstruct and remove at any time and from time to time, an electrical transmission line or lines and communication line or lines consisting of all necessary pole(s) and all necessary anchor(s) with all necessary guys, braces, wires, cables, underground cable and associated material and equipment and if applicable, pad- mounted equipment(all or any of which works are herein called the"Line"); (b) To erect, maintain and use such gates as the Transferee may from time to time consider necessary in any fences which are now or may hereafter be installed on the Strip by the Transferor; (c) To enter on and mark the location of the Line under the Strip by suitable markers, but said markers when set in the ground shall be placed in fences or other locations which will not interfere with any reasonable use the Transferor shall make of the Strip; (d) (i) To enter on and selectively cut trees and shrubs on the Strip and to keep it clear of all trees, shrubs and brush which may interfere with the safe operation and maintenance of the Line; (ii) To cut, prune and remove, if necessary, trees located outside the Strip whose condition renders them liable to interfere with the safe operation and maintenance of the Line; (e) To enter on and conduct engineering and legal surveys in, on and over the Strip; (f) To clear the Strip and keep it clear of all buildings, structures or other obstructions of any nature whatsoever (including septic systems, swimming pools and wading pools) including removal of any materials which in the opinion of the Transferee are hazardous to the Line. Notwithstanding the foregoing, in all cases where in the sole discretion of the Transferee the safe operation and maintenance of the Line is not endangered or interfered with,the Transferor from time to time or the person or persons entitled thereto, may with prior written approval of the Transferee, at the Transferor's own expense construct and maintain roads, lanes, walks, drains, sewers, water pipes, oil and gas pipelines and fences (not to exceed 2 metres in height) on or under the Strip or any portion thereof, provided that prior to commencing any such installation, the Transferor shall give to the Transferee 30 days' notice in writing so as to enable the Transferee to have a representative inspect the site and be present during the performance of the work and that the Transferor complies with any instructions that may be given by such representative in order that such work may be carried out in such a manner as not to endanger, damage or interfere with the Line. For clarity, the Transferor agrees it shall not, without the Transferee's consent in writing, change or pen-nit the change of the existing configuration, grade or elevation of the Strip and the Transferor further agrees that no excavation or opening or work which may disturb or interfere with the existing surface of the Strip shall be done or made unless consent therefore in writing has been obtained from Transferee; 2 Page 91 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... ✓er. RE (g) To enter on, to exit from and to pass and repass at any and all times in, over, along, upon, across, through and under the Strip and so much of the Lands as may be reasonably necessary, at all reasonable times, for the Transferee and its respective officers, employees, workers, permitees, servants, agents, contractors, subcontractors, with or without vehicles, supplies, machinery, plant, material and equipment of all purposes necessary or convenient to the exercise and enjoyment of the said Rights and easement subject to payment by the Transferee of compensation for any crop or other physical damage only to the Land caused by the exercise of this right of entry and passageway; and (h) To remove, relocate and reconstruct the Line on or under the Strip, subject to payment by the Transferee of additional compensation for any damage caused thereby. 8. THIS Agreement and Grant of Easement Rights shall both be subject to the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended. 9. THE Transferor represents and warrants and covenants that the Transferor is not now and on Closing will not be a non-resident of Canada within the meaning of the Income Tax Act (Canada) R.S.C. 1985, c.I (5th Supp.), as amended. 10. THE Transferor and Transferee acknowledge and agree that the grant of easement which is proposed under this Offer constitutes a purchase and sale transaction of an interest in real property, and therefore, in conformance with subsections 221(2) and 228(4) of the Excise Tax Act R.S.C. 1985, c E-15, as amended ("the Act"), the Transferee shall report and pay to the Receiver General for Canada the Harmonized Sales Tax ("HST") applicable to the purchase and sale of the Easement. For the purposes of this section 10, the Transferee warrants that it is an HST registrant in good standing under the Act, that its HST registration number is 870865821RT0001, and that it is acquiring the Easement for use primarily in the course of its commercial activities. 11. ANY acceptance of this Offer, demand, notice or other communication shall be deemed to have been conclusively given in connection with this Agreement and shall be given in writing by personal delivery, by ordinary mail, by registered mail postage prepaid, by courier, by facsimile transmission, or by electronic delivery through email, addressed to the recipient as follows: To: Transferor Transferee Township of Oro Medonte Hydro One Networks Inc. Attention: Address: 148 Line 7 South 45 Sarjeant Drive Oro-Medonte, ON LOL2EO Barrie,ON,L4M 5N5 Phone: (705)487-2171 ex 2118 (289) 383-7196 Email: 3 Page 92 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Ver. RE or to such other address, facsimile number, email address or individual as may be designated by notice given by either party to the other. Any acceptance of this Offer, demand notice or other communication shall be conclusively deemed to have been given when actually received by the addressee if communication is sent by personal delivery, facsimile or email or upon the fifth day of mailing where the communication is sent by ordinary mail, or the second day after mailing where the communication is sent by courier. 12. THE Transferor covenants and confirms that they are in fact the parties named in 12.Transferor this Offer to Grant and are not misrepresenting their identities to the Transferee. The Identification Transferee's employee (the "ADET") and the Transferor acknowledge that the Presented to ADET following are the particulars of the Transferor's identification presented today to the ADET: Transferor Initials Corporation:Township of Oro Medonte ❑ ❑ Business Address:148 Line 7 South ADET Initials Oro-Medonte, ON LOL2EO Business Telephone#:(705)487-2171 ex 2118 Corporation or Business Identification Number: Place of Issuance of Number: General Nature of Business: Signing Authority Second Signing Authority [where necessary] Name Position Phone Number Address 13. THE Transferor hereby consents to the collection, use, disclosure and other handling of the information contained herein (and in particular, the information contained in Sections 11 and 12 above), by Hydro One Networks Inc. and Barriston LLP and their respective successors, assigns, employees, agents, officers, directors and service providers for purposes relating to the grant of easement by the Transferor to Hydro One Networks Inc. with respect to the Lands. 14. THE Transferor covenants and agrees that if and before the Transferor sells, transfers, assigns, disposes (or otherwise parts with possession) of all or part of the Lands to a third party (the "Third Party") the Transferor shall advise the Transferee of the intended change forthwith and, where requested to do so by the Transferee, shall use best efforts to ensure that the Third Party assumes the burden and benefit of this Agreement, and agrees to be bound by it. 15. THE Transferor acknowledges that the Transferor is entitled to consult with an 15.Independent Legal independent solicitor of the Transferor's choice prior to accepting this Offer. Advice and Legal Further, the Transferor acknowledges that he/she may retain independent legal Representation representation for the purposes of the registration of the Transfer of Easement (the Acknowledged "Transaction"). In accepting this Offer the Transferor acknowledges he/she has had Transferor Initials 4 Page 93 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Jer. RE the opportunity to seek independent legal advice, and either has done so or has chosen not to do so. 16.Transferee's Solicitor 16. THE Transferor acknowledges and agrees that it has elected to allow Barriston LLP Not Acting As or such other lawyer or law firm as the Transferee designates in writing, (the Solicitor for "Transferee's Solicitor") to act as a registering agent for the Transferor as follows: Transferor Initials (a) THE Transferor acknowledges being advised that the Transferee's Solicitor is Transferor Initials not entering into a solicitor-client relationship with the Transferor and is NOT representing the Transferor, solely or jointly with the Transferee, for the purposes of the registration of the Transfer or Easement. (b) THE Transferor further acknowledges that the Transferee's Solicitor is acting for the Transferor solely for the purposes of the Transaction as a registering agent and has not acted for the Transferor in any respect in connection with the preparation,negotiation or completion of the Transfer of Easement or otherwise. 17. THE Transfer of Easement and all ancillary documents necessary to register same 17.Acknowledgement on title shall be prepared by and at the expense of the Transferee and shall be in the and Direction to form annexed as Schedule "B". The following covenants, acknowledgments and Transferee's agreements shall apply: Solicitor to Register Easement (a) THE Transferor hereby covenants and agrees that the Transferee may, at its option, register this Agreement or Notice thereof, and the Transfer of Easement on Transferor Initials title to the Lands, and the Transferor hereby covenants and agrees to execute, at no further cost or condition to the Transferee, such other instruments, plans and documents and provide any such information as may reasonably be required by the Transferee to effect registration of this Agreement or Notice thereof prior to closing and the Transfer of Easement at any time hereafter. The Transferor further acknowledges that the Transfer of Easement document has been explained to him/her and further acknowledges that it is understood that the Transferor is bound by the terms and provisions of the Transfer of Easement documents to the same extent as if the Transferor signed the documents. (b) THE Transferor further acknowledges and agrees that the Transferee and/or the Transferee's agent or employee or the Transferee's Solicitor, including Barriston LLP, are authorized and directed to sign, deliver, and/or register electronically or otherwise on the Transferor's behalf a Transfer of Easement in accordance with the terms of this Offer and in accordance with a Reference Plan. The Transferee or the Transferee's Solicitor will send said Reference Plan along with a copy of the Transfer of Easement document to the Transferor prior to registration. Absent a written objection to the Reference Plan or Transfer Easement In Preparation document from the Transferor received by the Transferee or the Transferee's Solicitor within Fourteen (14) Days of the date the Plan was sent, the Transferee or the Transferee's Solicitor shall be entitled to proceed with registration in accordance with the terms of this Agreement. 18. ALL covenants herein contained shall be construed to be several as well as joint, and wherever the singular and the masculine are used in this Agreement, the same shall be construed as meaning the plural or the feminine or neuter, where the context or the identity of the Transferor/Transferee so requires. 5 Page 94 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... Ver. RE 19. THE burden and benefit of this Agreement shall run with the Strip and the works and undertaking of the Transferee and shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20. THIS Agreement may be executed in one or more counterparts, each of which shall be deemed an original and together shall constitute one and the same agreement. Counterparts may be executed either in original or by electronic means, including, without limitation, by facsimile transmission, e- signature and by electronic delivery in portable document format(".pdf') or tagged image file format (".tit") and the parties shall adopt any signatures received by electronic means as original signatures of the parties. 6 Page 95 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... IN WITNESS WHEREOF the Transferor has hereunto set his/her/their hands and seal to this Agreement,this,the day of 120 SIGNED,SEALED AND DELIVERED X I have the authority to bind the Corporation. Print Name: Print Title: Second Signing Officer [Where Necessary] X I have the authority to bind the Corporation. Print Name: Print Title: 7 Page 96 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... SCHEDULE "A" Strip 8 Page 97 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... SCHEDULE "B" INTEREST/ESTATE TRANSFERRED—EASEMENT IN GROSS 1. Township of Oro Medonte(the "Transferor"), being the owner of Township Lot 1 in Concession 5, in the Municipality of Barrie, (Geographic Township of Oro), in the County of Simeoe, according to Registered Plan no. being PIN No. 74056-0053) (the "Lands") hereby grants to Hydro One Networks Inc. (herein called the "Transferee"), its successors and assigns, the exclusive, perpetual rights, easements, rights of way, covenants, agreements and privileges as herein set out in, through, under, over, across, along and upon that portion of the Lands more particularly described as Parts on Plan (the "Strip"): (a) To erect, maintain, operate, repair, replace, relocate, upgrade, reconstruct and remove at any time and from time to time, an electrical transmission line or lines and communication line or lines consisting of all necessary pole(s) and all necessary anchor(s) with all necessary guys, braces, wires, cables, underground cable and associated material and equipment and if applicable, pad- mounted equipment(all or any of which works are herein called the"Line"); (a) To enter on and erect, maintain and use such gates as the Transferee may from time to time consider necessary in any fences which are now or may hereafter be installed on the Strip by the Transferor; (b) To enter on and mark the location of the Line under the Strip by suitable markers, but said markers when set in the ground shall be placed in fences or other locations which will not interfere with any reasonable use the Transferor shall make of the Strip; (e) (i) To enter on and selectively cut trees and shrubs on the Strip and to keep it clear of all trees, shrubs and brush which may interfere with the safe operation and maintenance of the Line; (ii) To cut, prune and remove, if necessary, trees located outside the Strip whose condition renders them liable to interfere with the safe operation and maintenance of the Line; (d) To conduct engineering and legal surveys in, on and over the Strip; (e) To clear the Strip and keep it clear of all buildings, structures or other obstructions of any nature whatsoever (including septic systems, swimming pools and wading pools) including removal of any materials which in the opinion of the Transferee are hazardous to the Line. Notwithstanding the foregoing, in all cases where in the sole discretion of the Transferee the safe operation and maintenance of the Line is not endangered or interfered with, the Transferor from time to time or the person or persons entitled thereto, may with prior written approval of the Transferee, at the Transferor's own expense construct and maintain roads, lanes, walks, drains, sewers, water pipes, oil and gas pipelines and fences (not to exceed 2 metres in height) on or under the Strip or any portion thereof, provided that prior to commencing any such installation, the Transferor shall give to the Transferee 30 days' notice in writing so as to enable the Transferee to have a representative inspect the site and be present during the performance of the work and that the Transferor complies with any instructions that may be given by such representative in order that such work may be carried out in such a manner as not to endanger, damage or interfere with the Line. For clarity, the Transferor agrees it shall not, without the Transferee's consent in writing, change or permit the change of the existing configuration, grade or elevation of the Strip and the Transferor further agrees that no excavation or opening or work which may disturb or interfere with the existing surface of the Strip shall be done or made unless consent therefore in writing has been obtained from Transferee; (f) To enter on, to exit from and to pass and repass at any and all times in, over, along, upon, across, through and under the Strip and so much of the Lands as may be reasonably necessary, at all reasonable times, for the Transferee and its respective officers, employees, workers, permitees, servants, agents, contractors, subcontractors, with or without vehicles, supplies, machinery, plant, 9 Page 98 of 187 10.d) OCS2021-11 , Brad Robinson, Infrastructure and Capital Projects Coo... ✓er. RE material and equipment of all purposes necessary or convenient to the exercise and enjoyment of the said Rights and easement subject to payment by the Transferee of compensation for any crop or other physical damage only to the Land caused by the exercise of this right of entry and passageway; and (g) To remove, relocate and reconstruct the Line on or under the Strip, subject to payment by the Transferee of additional compensation for any damage caused thereby. 2. This Transfer of Easement shall be subject to the Planning Act, R.S.O. 1990, c. P. 13, as amended. 3. This Transfer of Easement is given for the purpose of an electricity distribution or electricity transmission line within the meaning of Part VI of the Ontario Energy Board Act, 1998, S.O. 1998, c. 15. Sched B, as amended. 4. The Transferor agrees that notwithstanding any rule of law or equity, the works installed by the Transferee shall at all times remain the property of the Transferee, notwithstanding that such works are or may become annexed or affixed to the Strip and shall at any time and from time to time be removable in whole or in part by Transferee 5. No waiver of a breach or any of the covenants of this grant of Rights shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 6. All covenants herein contained shall be construed to be several as well as joint where the context or the identity of the Transferor/Transferee so requires. 7. The burden and benefit of this Transfer of Easement shall run with the Strip and the works and undertaking of the Transferee and shall be binding upon and enure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 10 Page 99 of 187 ]O.d) OCS202]-11 , Brad Robinson, Infrastructure ar@ Capital roje gdO.. 2 5 ( a 0) .0 2 g = \ m m I - L) m = >s ■ . Q k k ) � m 40 k ( � \ ƒ % o e / E m C $ ¥5 ( e \ / g N . E , c � CO a E e ■ . . ,� \ U C� U _ @ 4-1 \ \ 0 mLr) 2 = % ) � 0 7 f o (D » G 2 @ / & Q ƒ o a , E 6 2 / ) q ? - $ / ®� 4- ± ® / / k q 7 ® ^ 0 A k k m ) m _ J E m O t © n « | - f (D ! / 0 ƒ j O @ o � � % q k { E 0 q \ ƒ ® ^ @ ) § CD ] q \� C � } 9 > e 5 . / \ \ | | K k CO & / & / \ G z % z $ k 3 - ' . ° 2 $ , k \ A ` ) ) ) ) £ £ R CL 3 #� � � % ¥ \ 3z / b b f % 0 523 \ \ 0 \ z o k % \ k a) k k \ \ \ \ gage f O o 187 10.e) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: OCS2021-12 Council Shawn Binns Meeting Date: Subject: Motion # April 28, 2021 Line 9N Horseshoe Valley Roll #: Road South to Dead End — R.M.S. File #: Speed Limit Reduction Recommendation(s): Requires Action For Information Only It is recommended that: 1. Report No. OCS 2021-12 be received and adopted; 2. The speed limit on Line 9N from Horseshoe Valley Road South to the Dead End be reduced to 50km/h; 3. That the appropriate draft by-law be brought forward for Council's consideration. Background: At its meeting of March 10, 2021 Council received staff report OCS2020-08 Speed Limit Review— Various Locations which reviewed speed limits in a number of locations throughout the Township and recommended amendments to By-law 2020-069 which authorizes a decrease in posted speed limits from the standard 80km/h and 50km/h limits prescribed by the Ontario Highway Traffic Act. As described in OCS2020-08 and previous reports on speed limit adjustments, speed limits are assessed and determined by using the Transportation Association of Canada (TAC) Canadian Guidelines for Establishing Posted Speed Limits which provide a consistent means of evaluating speed limits in consideration of the road classification, function, physical characteristics and condition of any given road section. A review of the 85t" percentile travel speed is also conducted and additional considerations such as road design and collision history are factored into the determination where information has been collected and/or available. Operations and Community Services April 28, 2021 Report No. OCS 2021-12 Page 101 of 187 10.e) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... One of the locations reviewed in report OCS2020-08 was Line 9N from Horseshoe Valley Road south to the dead-end. The following was the conclusion of the review: %Of Posted vehicles th Speed Average over> 85 Recommended Speed limits on Additional Road Segment Limit vehicles current Percentile speed(km/h) adjacent roads comments Recommendations (km/h) Per day posted (km/h) speed limit Line 9 North - 70 km/h(No North 80 km/h Horseshoe Valley Road 70 km/h 2626vpd 21% 62 km/h change) HVR 80 km/h None None Ito end of road In communicating the results of the findings and Council's endorsement of the recommendations contained within the report, residents along this segment of Line 9N and within the Braestone community requested additional review and consideration for a speed limit reduction on this segment. Analysis: As Line 9N from Horseshoe Valley Road South is a dead-end road, it could be re- assessed as a local road as opposed to a collector road, recognizing its function to provide local access to a limited number of residents on Line 9N, Gold Mountain Springs and Braestone. While it does serve a collector function in providing a link from the Braestone subdivision and houses on the concession road to Horseshoe Valley Road, a local function would also be appropriate given the characteristics of serving a local function and dead-end nature of the roadway. Recognizing the local aspects and unique characteristics of this particular road segment, the community was advised that a petition demonstrating support for a speed limit reduction would assist in reviewing a reduction in the posted speed limit from 70km/h to 50km/h. A petition was completed and submitted. The petition included signatures of over 120 people and included approximately 75 of the estimated 125 households in Braestone as well as support from residents on Line 9 and Gold Mountain Springs (attachment#1). In re-classifying this segment of Line 9 N as a local roadway in the review and application of the Transportation Association of Canada Canadian Guidelines for Establishing Posted Speed Limits and considering the 85th percentile travel speed as well as the demonstrated support from the local community this road segment serves, a reduction from the current posted speed limit of 70km/h to 50km/h is warranted and recommended. Operations and Community Services April 28, 2021 Report No. OCS 2021-12 Page 102 of 187 10.e) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... The information contained within this report was presented, discussed and supported by the Township's Traffic Safety Task Force on Monday, March 29, 2021. Financial / Legal Implications / Risk Management: Limited financial impact associated with replacement of speed limit signs. Policies/Legislation: Ontario Highway Traffic Act Best practices for the establishment of posted speed limits Corporate Strategic Goals: Balanced Growth Inclusive, Healthy Community Continuous Improvement and Fiscal Responsibility Consultations: Township of Oro-Medonte Traffic Safety Task Force Community petition Attachments: Attachment # 1 - Petition to lower speed to 50km Line 9n South to Dead End and communication from Gold Mountain Springs and Michael and Penny Reynolds. Conclusion: In response to continued concern expressed by the local community of Line 9N and Braestone regarding the 70km/h current posted speed limit on Line 9 N from Horseshoe Valley Road south to the dead-end, a re-assessment of the speed limit was undertaken considering this segment as a local road as opposed to a collector road given its unique characteristics. In assessing this segment of Line 9 N as a local roadway in the review and application of the Transportation Association of Canada Canadian Guidelines for Establishing Posted Speed Limits and considering the 85t" percentile travel speed as well as the demonstrated support from the local community this road segment serves, a reduction from the current posted speed limit of 70km/h to 50km/h is warranted and recommended. Operations and Community Services April 28, 2021 Report No. OCS 2021-12 Page 103 of 187 10.e) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... Shawn Binns, PBDM, MBA Director, Operations and Community Services Approvals: Date: Robin Dunn, CAO April 22, 2021 Operations and Community Services April 28, 2021 Report No. OCS 2021-12 Page 104 of 187 ty Servic... Oro Medonte - Petition to Lower Speed Limit to 50 Km/hr on Line 9 (Dead End) South of Horseshoe Valley Rd. Name City Postal Code Signed On Jack Nolan 2021-03-22 John Musson Orillia L3V 2021-03-22 Pam Musson Orillia L3V 2021-03-22 Susan Sears Orillia L3V 2021-03-22 Leena Robinson Orillia L3V 2021-03-22 Joseph Lai Oro-Medonte L0K1E0 2021-03-22 Robert Sadokierski Coldwater LOK 1E0 2021-03-22 Douglas Birnie Orillia L3V 2021-03-22 Margaret Papageorge Orillia L3V 2021-03-22 Rob Elsey Innisfil L9S 2021-03-22 Elyse Birnie Orillia L3V 2021-03-22 Anabela Schobloxher Orillia L3V 2021-03-22 P Thistle Orillia L3V 2021-03-22 Melissa Crossland Coldwater L0K1E0 2021-03-22 Amanda Trebble Oro Medonte LOK 2021-03-22 Cheryl Scott Barrie L9X 2021-03-22 Vincent L Orillia L3V 2021-03-22 Jenny M Orillia L3V 2021-03-22 Lisa Bale Orillia L3V 2021-03-22 Dawne Withers Orillia L3V 2021-03-22 Andrea Dell'Unto Toronto M5V 2021-03-22 Cherie Bissonette Coldwater LOK1E0 2021-03-22 Kelly Allen Toronto M6G 2021-03-22 Brier Musson Rapini Oakville L6M 2021-03-22 Anne Brethour Toronto M5R OA5 2021-03-22 Mike Sgambati Scarborough M1P 2021-03-22 Coulson Jackie Orillia L3V 2021-03-22 Jean Pierre Venditti Mississauga L5R 2021-03-22 Tyler Dobbie Milton L9T 2021-03-22 Cheri Warren Toronto M4P2B1 2021-03-22 Joanne Pryde Oro Medonte LOL 1T0 2021-03-22 Scott Artindale Orillia L3V 2021-03-22 Greg Bale Orillia L3V Pa Pb,§9f2A7 ty Servic... Oro Medonte - Petition to Lower Speed Limit to 50 Km/hr on Line 9 (Dead End) South of Horseshoe Valley Rd. Name City Postal Code Signed On Vincent L Orillia L3V 2021-03-22 Lynsey Smith Kitchener N2G 2021-03-22 Greg Smith Kitchener N2G 2021-03-22 Matthew Lawson Oro-Medonte LOK 2021-03-22 Frederick Kempf Coldwater L3V 2021-03-22 Tammy Mascioli Orillia L0K1E0 2021-03-22 Anita Bacchus Newmarket L3x2a2 2021-03-23 Kathleen BergeronKempf Orillia L3V 2021-03-23 Lauryn Tiahnybok Cookstown LOL 2021-03-23 Lorraine Coady Oro-Medonte, ON L0K1E0 2021-03-23 carlos Quintinho Brampton L7A 2021-03-23 Robyn bay Edmonton T6T 6COM5 2021-03-23 Kim Kitchen Coldwater LOK 1E0 2021-03-23 Kathy Weatherall Orillia L3V 2021-03-23 Amy-Lyn Bertucci Orillia L3V 2021-03-23 Peter Sturm Orillia L3V 2021-03-23 Kristy Kraemer Oro-Medonte LOK 1E0 2021-03-23 Jimmy Dinh Montreal H2J 2021-03-23 Yoyo P Kingston K7K 2021-03-23 Andy Bertucci Coldwater LOk 2021-03-23 Sean Chow Whitby L1N 7Y5 2021-03-23 Alyssa Williams Calgary T3Z21-7 2021-03-23 Mathew Johnson Creston V0b1g7 2021-03-23 Lenore Black Markham L3R 2021-03-23 John Paul Falacho Brampton L6V 2021-03-23 Martin Schoblocher Orillia L3V 2021-03-23 Maureen Sampson Orillia L3V 2021-03-23 Omer Lavoie Lacombe T41- 2021-03-23 Melina Sue Richmond hill L4s1h3 2021-03-23 Nancy Head Coldwater L0K1E0 2021-03-23 Deborah Hope Moonstone L0K1E0 2021-03-23 Patrick Hopewell Toronto M4K 2021-03-23 Christine Leachman Huntsville P1H 2.13 Pa @2199f247 ty Servic... Oro Medonte - Petition to Lower Speed Limit to 50 Km/hr on Line 9 (Dead End) South of Horseshoe Valley Rd. Name City Postal Code Signed On Joanna Filipiak Coldwater LOK 1E0 2021-03-23 Kelly Penman Oro-Medont L0K 2021-03-23 Marie Schlorff Horseshoe valley LOK 2021-03-23 Dianne Cuzner :oldwater, Ontarii LOK 1E0 2021-03-23 Nancy Prentice Oro-Medonte LOL 2E0 2021-03-23 Joseph + Anita Keisinger Minden KOM 2021-03-23 Diana Lee Toronto M5B 2021-03-23 Alex Sadokierski Richmond Hill L4C 2021-03-23 Tracey Loston Toronto M6H 2O21-03-23 Vicky Wilson Coldwater LOK 1E0 2021-03-23 Liza Parry Coldwater LOK 1E0 2021-03-23 Dominic Vieira Orillia L3V 2021-03-23 Leigh Buchan Coldwater LOK 2021-03-23 Bonnie Sheldrake Barrie L4m4Y8 2021-03-23 Allyson Campbell Orillia L3V 2021-03-23 Jim Pickering Aurora L4g5k7 2021-03-23 Craig Daniel Oro-Medonte LOK 2021-03-23 Janet Daniel Coldwater LOK 1E0 2021-03-23 Anita Cunningham Coldwater LOk1e0 2021-03-23 Melissa Sahagun Barrie L9X 2021-03-24 Ted Heighington Cumberland Cou LOK 1E0 2021-03-24 David Thompson i Grande Drive, Oi LOK 1E0 2021-03-24 Lesley Petracco Coldwater LOK 1E0 2021-03-24 Chantal Ballantyne Barrie L4M 6W1 2021-03-24 Paul Crossland Braestone LOk1e0 2021-03-24 Monique Poirier Maple L6A 2021-03-24 Susan Brooker Orillia L3V 2021-03-24 Robin Ritchie Orillia LOK1E0 2021-03-24 Frank Maw Queensville, ON LOG 1R0 2021-03-24 Betsy Sumner Orillia L3V 2021-03-24 Sue Bochna Toronto M9A 2021-03-24 Vicky Cioci Orillia LOK 1E0 2021-03-24 Sheri Davies Coldwater LOK 1EO Pa @21--P9f47 ty Servic... Oro Medonte - Petition to Lower Speed Limit to 50 Km/hr on Line 9 (Dead End) South of Horseshoe Valley Rd. Name City Postal Code Signed On Danielle Tamm Oro Medonte LOL2E0 2021-03-24 Marilyn De Mara Orillia L3V 2021-03-24 Peter Bochna Toronto LOK 1E0 2021-03-24 Sonia Febbo Orillia L3V 2021-03-24 Don Kemp Toronto M6G 2021-03-25 Wendy Burkitt Orillia Lok 2021-03-25 Tom Saykaly Woodbridge L4G 2G5 2021-03-25 Susan Nolan Orillia L3V 2021-03-25 Robin Boyd Barrie L9X 2021-03-26 Kevin Paterson Orillia L3V 2021-03-26 Jeff Ballantyne Barrie L9X 2021-03-26 Sharon O'Halloran Orillia L3V 2021-03-26 Jennifer Heuft Oro-Medonte LOK 1E0 2021-03-26 Lindsay Lambert Oro-Medonte L0K 2021-03-26 Debi Brown Orillia L3V 2021-03-26 Wayne Parro Coldwater LOK 1E0 2021-03-26 Nicole Andrusyshyn Orillia L3V 2021-03-26 Loris Petracco Minden KOM 2021-03-26 Jim Ritchie Orillia L3V 2021-03-26 B Lee Orillia LOK 1E0 2021-03-26 Alison Parro Coldwater LOK 1E0 2021-03-26 paul & marie morse Oro-Medonte LOK 1E0 2021-03-26 121 Page 108 of 187 10.e) OCS2021-12, Shawn Binns, Director, Operations and Community Servic... GOLD MOUNTAIN SPRINGS INC., LINE 9 NORTH ORO-MEDONTE,ONTARIO MARCH 24,2021 Gold Mountain Springs Inc, as well as Michael & Penny Reynolds agree to be added to the petition, to lower the speed limit on Line 9 Oro-Medonte,Ontario Page 109 of 187 10J) Tamara Obee, Manager, Human Resources/Health((- atipfe: Township... Township of %ks\. Proud Heritage,Exciting Future The Corporation of the Township of Oro-Medonte Health and Safety Policy Statement The Township of Oro-Medonte is committed to the objective of protecting our employees from accidental injury and Municipal property and facilities from loss, and to providing a healthy and safe environment that is free of any form of harassment or violence. At the Township of Oro-Medonte, we value a supportive and respectful environment, which includes a healthy and safe work environment that is based on respect for the dignity and rights of everyone in the organization. We are dedicated to the objective of reducing risk of injury and will comply with all legislative requirements as they apply to design, operation and maintenance of facilities and equipment. The Township of Oro-Medonte, as an employer, through Council, accepts the responsibility for providing employees with safe and healthy workplaces. Every effort will be made to promote and provide work environments and attitudes that reduce or eliminate foreseeable hazards, which may result in personal injuries, illnesses, fire security, losses, and damage to environment and property. The Chief Administrative Officer and the entire Senior Management Team acknowledge their duties under the Ontario Occupational Health & Safety Act and its regulations, and accept their respective responsibility for providing their employees with safe and healthy workplaces. Supervisors are responsible for providing employees with equipment and materials that protect them from workplace hazards, as well as providing instructions, training, and/or supervision required to carry out the work safely. Supervisors will be held accountable for ensuring the employees comply with the Ontario Occupational Health &Safety Act and its regulations, and also for implementing the policies, procedures and practices of the workplace. Every employee must protect their own health and safety and the health and safety of others by working in compliance with the law and with safe work practices and procedures established by the Township of Oro-Medonte. Each employee must accept responsibility for bringing to the attention of supervisors any condition and practice not in agreement with this policy. The Township of Oro-Medonte expects all employees will make a personal commitment to health and safety as a way of life. It is in the best interest of all to consider health and safety in all our activities, both on and off the job. Signed the 28th day of April, 2021. Mayor Chief Administrative Officer Director, Operations&Community Services Director, Corporate Services Chief Financial Officer/Treasurer Manager, Human Resources/ Health &Safety Director, Fire & Emergency Services Director, Development Services Page 110 of 187 11 .a) ES2021-2, Michelle Jakobi, Acting Director, Environmental Services... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: ES2021-02 Council Michelle Jakobi Meeting Date: Subject: Motion # April 28, 2021 Township Administration of Roll #: Skyline Billing for Private R.M.S. File #: Water & Wastewater Services in Horseshoe Valley Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. ES2021-02, Township Administration of Skyline Billing for Private Water & Wastewater Services in Horseshoe Valley, be received for information. 2. That staff continue to monitor the value and benefit of this service and report back to Council if conditions warrant change. Background: The Horseshoe Valley settlement area has historically relied on a combination of municipal and private infrastructure for water and wastewater servicing. More specifically, Skyline Utility Services owns and operates a wastewater treatment plant (WWTP), while Skyline Horseshoe Resort owns and operates a non-municipal year round residential drinking water system; both servicing private residential connections. Although these systems fundamentally operate in accordance with approvals issued by the Ministry of the Environment, Conservation and Parks, the Township, through Agreements and an established Fees & Charges By-law, collects fees on behalf of Skyline for these private services. During the open session of Council on March 10, 2021, Councillor Scott raised a Verbal Matter (pursuant to Section 13.3 of Township's Procedural By-Law No. 2017-165) pertaining to the Township's administrative role regarding the billing components of the private entity, for Skyline Water & Wastewater services. Environmental Services April 28, 2021 Report No. ES2021-02 Page 1 of 5 Page 111 of 187 11 .a) ES2021-2, Michelle Jakobi, Acting Director, Environmental Services... Following Council discussion, Motion No. C210310-20 directed staff to provide an update, at a future Council meeting, regarding the value and benefit for the Township to continue to administer invoicing and collection of Skyline's private services. Analysis: The purpose of this report is to provide context pertaining to the value and benefit of the existing administrative relationship between the Township of Oro-Medonte and Skyline. When considering the value and benefit of administering invoicing and collection of the Skyline private water and wastewater service fees, it is important to note that the municipal Fees & Charges By-law permits the collection of fees for these services. To understand the strategic value of the current administrative relationship, an analysis is summarized below: Advantage Disadvantage By collecting fees on behalf of Skyline, There is an element of public perception the Township is positioned to monitor that the Township controls rate setting, user fees charged to Township residents operational budgets, service delivery, pursuant to the Township's Fees and maintenance objectives and overall Charges By-law. private business operation for Skyline. Historical communication demonstrates the administrative relationship between the Township of Oro-Medonte and Skyline has not satisfied some customers. The agreements, By-law, and relationship In the absence of the agreements and supports the greater good of the By-law, the Township would have community in the context of any type of difficulties interceding any rate service disruption resulting from lack of adjustments by Skyline (i.e. Skyline could payment, or sizeable rate increases. unilaterally alter the rates charged to users). The 2014 Municipal Capital Facility If the agreement is terminated, the Agreement (MCFA) for the private security posted under the agreement Wastewater Treatment Plant (WWTP) would need to be returned to Skyline by includes a specific provision for the the Township. As such, the Township Township to hold a Letter of Credit, which would not have a financial recourse to provides a financial security related to complete repairs on behalf of Skyline upgrades at the private WWTP. which benefit existing users. The relationship permits the collection If agreements are terminated or revised and use of reserve funds. to remove provision for reserve funds, any existing reserve fund balances are required to be returned to Skyline. Without agreements and collection of reserve funds, the Township has limited ability to support any necessary repairs Environmental Services April 28, 2021 Report No. ES2021-02 Page 2 of 5 Page 112 of 187 11 .a) ES2021-2, Michelle Jakobi, Acting Director, Environmental Services... and capital improvements. This could result in shortening asset lifespans, and potentially increased pressure and local cost to expedite the establishment of new servicing. Additionally, the reserve fund provides the ability to assist in offsetting significant increases in fees to residents should repairs be required. The Township is not in a position to Should the private wastewater assets fall provide an alternative wastewater into significant disrepair, and in the treatment solution without a significant absence of agreements, including capital expenditure. financial security and/or reserve fund collection, the Township could be forced by the Province to assume service provision, triggering significant unplanned capital and operational costs, including potentially higher standards from the Province. These costs would be borne by existing users. The Township has completed significant The project has generally been upgrades to the municipal drinking water recognized positively by the community. system, to support the integration of the However, some challenges have been private drinking water (Zone 1) to the encountered relating to the fees and municipal Horseshoe Highlands Drinking charges associated with integrating the Water System (Zone 2). This project is private system to the municipal system, anticipated to resume in 2021 by and corresponding transfer of service. providing staged water services to The perception for some is that the existing private customers, which will service has always been provided by the standardize municipal service levels for Township, as a result of the Township's drinking water across Horseshoe Valley. administrative billing function on behalf of Skyline. Generally, the agreements and existing See above. administrative function supports the In addition, the Township is currently not Master Plan for the Horseshoe Craighurst in a position to immediately and Corridor (2019). The required completely terminate its relationship with infrastructure for municipal water and Skyline, and provide service to the wastewater is a significant capital project existing wastewater customers. The and requires/required multi-million dollar corresponding cost to the Township expenditures and several years to would not be within the Township's implement. current budget. Environmental Services April 28, 2021 Report No. ES2021-02 Page 3 of 5 Page 113 of 187 11 .a) ES2021-2, Michelle Jakobi, Acting Director, Environmental Services... Financial / Legal Implications / Risk Management: Financial The current agreements and By-law facilitated the following collection of fees in 2020: Fee Com pone nt/Yr/Account Water Wastewater Billing Administration $88.00 $35.46 Reserve Fee $88.00 $113.38 Total /Yr/Account $176.00 $148.84 Total Fees Collected in 2020 Water Wastewater Billing Administration $55,902 $26,807 Reserve Fee $55,902 $85,645 Legal As existing agreements are considered mutual and/or tri-party agreements with the Ministry of the Environment, Conservation and Parks, the Township is not entitled to unilaterally unwind, modify or terminate these documents. More specifically, any revisions, whether related to the administration of rates, description of works, or associated Letters of Credit, will require the consent and agreement of Skyline and where applicable, the Ministry of Environment Conservation & Parks (MECP) to implement. In the event these agreements are proposed for revision, staff anticipate that any change, in favour of the Township, will likely be met with a revision that will directly benefit Skyline and/or MECP. Risk Management Historically, there have been significant administrative challenges for Township staff administering billing on behalf of Skyline and conflicting customer perception of the service Skyline provides. These challenges continue today. Although Township staff have remained steady and consistent with communication to Skyline water and sewer customers, there remains a fundamental uncertainty among some of the serviced community regarding the user benefits of the Township's function. In the event if all or singular agreements are updated, it is important to ensure negotiations are beneficial to all parties. It is envisioned that any negotiations would include discussion of change to administrative roles, appropriate securities, or communication approaches. Policies/Legislation: Municipal Act Fees & Charges By-law Municipal Capital Facility Agreement (MCFA) Municipal Responsibility Agreement(s) Environmental Services April 28, 2021 Report No. ES2021-02 Page 4 of 5 Page 114 of 187 11 .a) ES2021-2, Michelle Jakobi, Acting Director, Environmental Services... Corporate Strategic Goals: Continuous Improvement & Fiscal Responsibility Enhanced Communication & Customer Service Inclusive, Healthy Community Consultations: CAO - Robin Dunn CFO - Shannon Johnson Skyline Utility Services - Paul Mondell Attachments: None Conclusion: Following Council discussion on March 10, 2021, and pursuant to Motion No. C210310- 20, this report provides an update regarding the value and benefit for the Township to continue to administer invoicing and collection of the Skyline private water and wastewater services in Horseshoe Valley. As indicated above, historically, there have been significant administrative challenges for Township staff regarding the fee collection relationship with Skyline and conflicting customer perception of the relationship with Skyline, and the services they provide. These challenges continue to persist. Nevertheless, the existing agreements provide for a mutually benefitting arrangement for the community, Skyline and the Township. Respectfully submitted: Michelle Jakobi, B.E.S., C.E.T. Acting Director, Environmental Services Approvals: Date Robin Dunn, CAO April 23, 2021 Environmental Services April 28, 2021 Report No. ES2021-02 Page 5 of 5 Page 115 of 187 11 .b) DS2021-52, Garry McCartney, Chief Building Official re: Building D... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-052 Council Garry McCartney Meeting Date: Subject: Motion # April 28, 2021 Building Division Activity Roll #: January-March Quarterly R.M.S. File #: Stats Update 2021 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-052 be received for information purposes. Background: This report is intended to provide Council with an update on the Building Division Activity for the first quarter of 2021 that includes: 1. Building permit stats report for January— March 31, 2021. 2. Summary of Septic Maintenance Program statistics. 3. Summary of the Order to Comply/Site Investigation update. As the challenges of the COVID-19 pandemic continue, the Province is currently within an emergency lockdown that is permitting essential construction only. Building Division staff continue to provide a high level of customer service from an electronic standpoint. Inspections and construction have a number of additional health and safety requirements and protocol requirements from municipal, ministry and provincial levels. Building staff will continue to conduct their duties with these measures in place. Moving forward, the Building Division continues to monitor the Provincial Emergency Order status for the issuance of permits and inspections. Development Services April 28, 2021 Report No. DS2021-052 Page 1 of 6 Page 116 of 187 11 .b) DS2021-52, Garry McCartney, Chief Building Official re: Building D... Analysis: The following is a summary of permit statistics comparing the permits issued to the end of the first quarter (March 31) in 2021 to 2020. Number of Permits issued in 2021 Number of Permits issued in 2020 Residential 23 Residential 7 Multi Res. 1 Multi Res. 1 Res Demo 11 Res Demo 7 Septic/Septic 59 Septic/Septic 16 verification verification Res add/reno 18 Res add/reno 9 Small projects' 35 Small projects 20 Agricultural 4 Agricultural 2 Com/Ind 3 Com/Ind 5 Cancelled 2 Cancelled 5 Total * 154 Total 67 *Total does not include cancelled permits Includes Solar,Tent, Sign &Other permits Based on the first quarter of the previous year, there has been a significant increase in permit numbers. New houses, additions and septic systems being the types of permits that are increasing in numbers. Permits remain steady in developments such as Meadow Acres, Kayley and Braestone Phase II. Tent and event related permits have decreased dramatically due to reduction in large events such as weddings and concerts. To date in 2021, permit activity continues to be higher than average. Financial / Legal Implications / Risk Management: The Building Code Act requires Municipalities to enforce building in Ontario through the Ontario Building Code. The Building Code Act sets out legislation for collection of permit fees to cover the direct and indirect costs of Building permits. The following chart outlines 2021 first quarter revenue compared to the same period in 2020. 2021 Permit fee Revenue 1st Quarter 2020 Permit fee Revenue 1st Quarter Building permit $ 301,241.94 Building permit $ 114,707.61 Septic permit $ 25,989.00 Septic permit $ 12,097.00 Total $ 327,230.94 Total $ 126,804.00 Development Services April 28, 2021 Report No. DS2021-052 Page 2 of 6 Page 117 of 187 11 .b) DS2021-52, Garry McCartney, Chief Building Official re: Building D... The following is a summary of the construction value for permits issued up to March 31, 2021 compared to the same period in 2020. Construction value 2021 Construction value 2020 Residential $ 16,215,900.00 Residential $ 2,925,000.00 Multi Res. $ 400,000.00 Multi Res. $ 150,000.00 Septic $ 829,300.00 Septic $ 207,950.00 Res add/reno $ 2,620,000.00 Res add/reno $ 1,209,000.00 Small projects $ 1,794,000.00 Small projects $ 817,700.00 Agricultural $ 357,000.00 Agricultural $ 436,000.00 Com/Ind $ 220,000.00 Com/Ind $ 138,235.00 Cancelled -- Cancelled -- Total $ 22,436,200.00 Total $ 5,883,885.00 The construction values in 2021 show a significant increase. The higher values are a direct reflection of the increase in permit numbers in the associated categories. All other permit values are relatively comparable based on permit numbers. Analysis: SEPTIC MAINTENANCE PROGRAM STATS Effective January 1st 2016 the SMP program was expanded to include all properties within 100m along rivers, streams, lakes, ponds, and tributaries that feed into Lake Simcoe in addition to all previous properties within 100m of the Lake Simcoe Shoreline. This is a total of over 2500 properties throughout the Township. The program also include well head protection within the Well Head Program (WHP 2021). WHP 2021 has a compliance deadline of December 31, 2021. As of December 31, 2020, the second 5-year cycle of the Septic Maintenance program (SMP 2020) has concluded. Properties that are non-compliant with the program requirements may now be faced with additional fees, orders issued under the building code act and possible legal implications. Regardless of enforcement requirements, staff continue to work with property owners to gain compliance with this cycle. December 31, 2020 marks the completion of SMP 2020 and the commencement of SMP 2025. Although SMP 2025 has commenced, enforcement and completion of SMP 2020 will be priority for staff. As noted in the charts below, a number of the properties have outstanding documents that are required to be submitted; documents such as Phase 2, pump reports and maintenance agreements. Although inspections have been completed, full compliance has not been gained. Staff are currently working through the plan to ensure full compliance is achieved. Development Services April 28, 2021 Report No. DS2021-052 Page 3 of 6 Page 118 of 187 11 .b) DS2021-52, Garry McCartney, Chief Building Official re: Building D... SMP2020 Statistics — March 2021 100m to lake and tributaries Compliance Deadline: December 31 , 2020 Total Affected Properties (SMP2020) 2664 Pending Inspected Incomplete Complete Inspection N/A- Vacant (vacant land 4 380 and/or no septic) N/A- MOECP (not OBC 1 18 o regulated) N/A- Other (i.e. 2016+ septic permit, overlap 28 2 219 w with WHP) N/A- Exempt (septic outside LSRCA regulation 7 389 boundary) No Record (cannot inspect until owner submits 35 35 , record/Phase 11) No Status (Septic record 1613 63 1550 on file Hold(Inspection or other 8 Pending) Totals 35 1653 108 2556 WHP2021 Statistics — March 2021 100m to municipal well head Compliance Deadline: December 31, 2021 Total Affected Properties (WHP2021) 132 Pending Inspected Incomplete Complete Inspection o N/A- Vacant 0 0 .y N/A- MOECP (not OBC 0 4 w regulated) Development Services April 28, 2021 Report No. DS2021-052 Page 4 of 6 Page 119 of 187 11 .b) DS2021-52, Garry McCartney, Chief Building Official re: Building D... N/A- Other (i.e. 2017+ septic permit, overlap 1 2 with WHP N/A- Exempt 0 1 Miscellaneous No Record(cannot inspect until owner submits 0 record/Phase 11) No Status (Septic record 0 125 85 40 on file) Totals 0 126 85 47 Staff continue to work on the compliance for all the SMP2020. Staff will continue to work with property owners and the Township solicitor in order to gain compliance with the program. In conjunction with the closure of the SMP 2020 cycle, staff will begin working on the 2025 cycle of the program that commenced on January 1, 2021. Analysis: ORDERS TO COMPLY Building Inspectors follow up on reports of illegal activity through receiving a complaint or through observation when conducting inspections throughout the Township. Orders to Comply have become a last resort in our enforcement process. Township staff alongside the local Conservation Authorities (when applicable) continue to work with property owners to educate and gain compliance. This has been the ongoing strategy as a customer service oriented approach. As a result of COVID-19, our enforcement files have been temporarily delayed, however, the courts are now allowing for application processing with future court dates to be scheduled. Policies/Legislation: Building Code Act Ontario Building Code Corporate Strategic Goals: Continuous Improvement & Fiscal Responsibility Enhanced Communications & Customer Services Balanced Growth Inclusive, Healthy Community Consultations: Building staff Baker Records Development Services April 28, 2021 Report No. DS2021-052 Page 5 of 6 Page 120 of 187 11 .b) DS2021-52, Garry McCartney, Chief Building Official re: Building D... Conclusion: As with other departments, COVID-19 has significantly changed the way that Building staff conduct their duties. As of the time of the report, the Province is under an Emergency Order that is restricting construction to essential projects only. Although COVID-19 has had a significant impact across the Province and within the Township, there are now protocols and provisions in place in order to keep staff, property owners and contractors safe during the construction process. The Building Division will continue to refine the electronic application process in order to provide a high service level regardless of the pandemic. Building permit numbers for the beginning of 2021 have continued to be high. Residential dwelling construction continues throughout the Township's approved subdivisions and developments, notwithstanding the current pandemic. Staff have continued to provide excellent customer service, timely inspections, and are meeting the legislated timelines required under the Ontario Building Code. The Septic Maintenance Program now affects over 2500 properties. These additional properties are within 100 meters of a tributary to Lake Simcoe. A significant component of this program is the ongoing education and communication by staff to the public in addition to the requirement for staff to obtaining compliance for all affected properties. With the continuation of the program through to 2025, staff will continue to focus on public education and assisting property owners with compliance. Building staff continue to issue Orders to Comply as required and proceed through the necessary legal processes to obtain compliance; however staff are proactively communicating with property owners to advise of the permit requirements and obtain building compliance without the requirement for the issuance of an Order to Comply. Staff are committed to communicating and educating the public through various media streams that are available. As the Building Division continues through the new electronic plans examination process we will continue to make revisions and amendments in the process in order to find the most efficient and effective way possible to meet legislative timelines as well as providing strong levels of customer service. While COVID-19 has allowed for a temporary online application process to be initiated, there are a number of efficiencies that require review in order to enhance. Staff are looking ahead to implement a customer faced online submission program with additional payment options. Respectfully submitted: Garry McCartney, CBCO Chief Building Official Approvals: Date Andria Leigh, Director of Development Services April 20, 2021 Robin Dunn, CAO April 21, 2021 Development Services April 28, 2021 Report No. DS2021-052 Page 6 of 6 Page 121 of 187 14.a) Announcements of Interest to the Public: Township of Oro-Medonte, ... Township of Proud Heritage, Exciting Future Street Sweeping The Township's Operations & Community Services Department is scheduled to start the 2021 street sweeping program towards the end of March. Road Sweeping Zones Street sweeping helps to keep our storm drainage systems and ditches clear, improves storm water runoff quality, and improves air quality by limiting dust. Any sand raked out onto the shoulder of the road (in a row only) by March 30th, will be picked up by the crew as they pass by. Sand left in the ditches or sand that is placed on the shoulder after the crew has been to your area will not be picked up. Each year the street sweeping program starts in a different area of the Township so that streets in one area are not always swept last. Thank you in advance for your assistance. Please feel free to contact Operations staff at 705-487-2171 with any questions. Page 122 of 187 et mM unceme,q s o ere e u ic: Township o Oro- eon e, .. ZQ 10 8 Q y Sweeping Zones %P to St. W o f g St. CIOr _ —2 JZQ Q eii ' � —4 Q Q z0 0 1 — Rural NW (� L Rural NE ,� nston Rd. o t eRd. 19 �= Rural SW mc Q 0 z �= Rural SE Q m c dba o Moun St.Lo is Rd. ND Z vQ z Z z o co N C _ o J J C C o J J 12 Wa inste Srd z aD c J C H rseshoe Valley Rd. W. Hors shoe 141allevd. . Q Q Q Bass Lake c a al Q a k,s,,Lak rd. Q a. Old Barn W Q Q Q Q Q 11 Id tri Rd. E Q Q Q zQ z0 Q Q � 0 Qp Qp Clio �Q � p Q 0 co =o _ C _ � Srd p J 16 rd Joo�0 16 E. J Q D 2� Zb 4 vi aD Z Z Z Z °�,o7(� CV M to dJ CQS .4 N C N N N N y C 4 JQ J C C C C C J ) c Th CC h OD J • � C C_ (V co J J J dge Lake Simcoe J J J R- e 2021 o ; 4Km Road Sweeping Zones Page 123 of 1,87111age,Exerting Fw"o` 14.b) Township of Oro-Medonte correspondence dated April 15, 2021 per re... April 15, 2021 Debbie Palmer Dear Mrs. Palmer: Thank you for your correspondence regarding tree protection that was discussed at today's Council meeting. It is evident from you living in proximity to the 4000 acre Copeland Forest woodlands, and the combined thousands of acres of protected woodlands in the Core Oro Moraine and County Forests that your concerns are specifically related to the protection of trees in areas of Development. Simcoe County forests includes more than 33,000 acres distributed across more than 150 properties. Approximately 20% or 6,020 acres of the entire County Forests are within Oro-Medonte alone. Over 20 million trees have been planted within the County Forests since inception. The County's tree cutting by-laws apply to all municipalities. Additionally, the Severn Sound Environmental Association and the Conservation Authorities have had programs that resulted in the planting thousands of trees in the Township. The Township regulates the cutting of trees during the plan of subdivision and site plan approvals process and requires pre-servicing agreements and securities to be approved prior to tree cutting occurring. The Township has established Development Standards and Design Criteria that are applicable to all developments. Plan of subdivision applications require detailed Environmental studies that often include reports from arborists. Council has also required in many circumstances site plans for single residential lots that will delineate a building envelope and limit the removal of trees to a confined area. It appears that your concerns are more related to the Edgar site and the implications that it may have for future development in Horseshoe Valley. The area being redeveloped on the Edgar Site is confined to the footprint of what was a military "town" where the decay of buildings and the environmental degradations required a multimillion dollar cleanup of the brownfields site. The removal of all the buildings including their foundations significantly impacted the removal of trees. Googling RCAF Edgar/Edgar Adult Occupational Centre will provide detailed information. Oro-Medonte Council received numerous compliments for spearheading the cleanup of this site. To ensure that all of the trees would not be cut during the re-development of Page 124 of 187 14.b) Township of Oro-Medonte correspondence dated April 15, 2021 per re... this brownfields site, the Township purchased approximately 45 acres of the site to protect the area of hardwood bush along the northern portion of the site. The Provincial Government through legislation (A Place to Grow Growth Plan for the Greater Golden Horseshoe) has mandated minimum densities to be achieved by development. The Township is required to have an average density for new developments. This means that when densities are lower in one development than required by the legislation, higher densities are required to be achieve elsewhere. The increase in the number of lots in the Edgar Site did NOT change the number of trees that were required to be removed. Tree removal was confined to the brown field footprint and related to the reconfiguration of roads, site grading for lot development, and the day lighting triangle at Bass Lake Side Road and Line 3 North for improved visibility. Keep in mind that the increased density on the Edgar Site complies with Ministry policies. Anyone, including a developer can appeal a decision of Council and decisions that are not in compliance with Ministry Policy are usually overturned through a costly hearing process. The increased density on the Edgar Site provides latitude for lower densities in other development. For future development on the former golf course in Horseshoe Valley the owner has expressed a desire to retain trees. The increased density on the Edgar Site enhances the potential for lower density options that could retain the trees and still be within Ministry Policy. While using large machines to remove the trees is not appealing emerging labor laws associated with the dangers and liability combined with the urgency to cut the trees before the end of March to comply with bird migrating regulations are the reasons for this method is being utilized. Portions of the harvested trees are used for lumber with the remaining portions being turned into wood chips. Hardwood trees, especially maple, are very sensitive and often die when ground disturbances occur in proximity. The kinds of trees that are planted where new development occurs often are determined by an arborist taking into consideration many factors including the safety implication of the trees when they mature. On behalf of Council, we thank you for bringing your concerns forward. Sincerely, H.S. Hughes Mayor Page 125 of 187 14.b) Township of Oro-Medonte correspondence dated April 15, 2021 per re... From: Debbie palmer <debbiepalmer 98Ca)hotmail.com> Sent: April 2, 2021 11:22 AM To: Hughes, Harry <harry.hug hesCo)oro-medonte.ca>; Veitch, Ian <ian.veitch(a)oro-medonte.ca>, Greenlaw, Randy <randy.greenlaw(aD-oro-medonte.ca>; Hough, Ralph <ralph.hough @oro- medonte.ca>; Keane, Cathy <cathy.keane(a)oro-medonte.ca>; DeSousa, Tammy <tam my.desousa(a�oro-medonte.ca>; Scott, Shawn <shawn.scott( _oro-medonte.ca> Subject: Clear cutting development Dear Members of Council, Our Township has as its strategic goal to support business and create jobs while protecting our natural environment; "Proud Heritage, Exciting Future", but what has happened in many locations near here is anything but. We have had wholesale clearcutting of woodland in Craighurst, 4th line at Horseshoe Valley, the former Edgar site, Sugarbush and 8th line between Horseshoe Valley Rd and Bass lake Road. As the attached photos of the Edgar site show, not a single tree was left. We can only dread what developers are going to do if and when approval is given to proceed with the former golf course and other associated parcels of land. While not every tree is worth saving, particularly the spruce and pines of the Simcoe's plantation forests, removing every single tree is not environmentally responsible, not required and indeed not desirable. Buffer zones of 20-30 feet can be left between the roads and construction sites, and large deciduous trees like maples, or stands can be protected from the impact of construction. We know that it makes it a little more difficult and expensive for developers, and a little less expeditious, but this practice of clearcutting must be stopped. Builders may be required to replace felled trees by agreeing to plant replacements, but the man-sized saplings they plant are hardly a substituted for 80 yrs old maples. Not only will they literally take a lifetime to replace the forest, they rarely are good specimens representing the natural species, or planted with care. Of the hundreds planted, only a dozen or so will thrive. The remainder struggle for years. Given the push to build homes on smaller lots, future homeowners will choose ornamental or columnar trees for their properties, trees which are neither native nor beneficial to local wildlife. They certainly will not provide the necessary shade to counter climate change. While we know development will occur, but I urge Council to take much stronger measures to ensure our natural heritage is better protected by regulating tree preservation on construction sites and insisting on treed buffer zones between new developments and existing properties and roadways. Thank you for your consideration and efforts to ensure a brighter future. Debbie Palmer 14 Highland Dr Oro-Medonte Page 126 of 187 14.b) Township of Oro-Medonte correspondence dated April 15, 2021 per re... Page 127 of 187 14.b) Township of Oro-Medonte correspondence dated April 15, 2021 per re... Page 128 of 187 14,b) Township of Oro-Medonte correspondence dated April 15, 2021 per re... �u 71 x Page 129 of 187 14.c) Correspondence received April 22, 2021 from Anil Arora, Chief Stat... From: Do Not Reply/ Ne Pas Repondre (statcan/statcan) <statcan.DoNotReply- NePasRepondre.statcan(a-)canada.ca> Sent: April 22, 2021 4:14 PM To: Hughes, Harry <harry.hug hesCa)oro-medonte.ca> Subject: The 2021 Census is almost here, and we need your support / Le Recensement de 2021 arrive a grands pas, et nous avons besoin de votre soutien Dear Mayor: The 2021 Census is almost here! As you know, census data are critical to decision makers and Canadians from coast to coast to coast. In addition to informing public policy, census data are vital for planning schools, hospitals, daycare centres, family services, public transportation, and skills training for employment. In addition, census data support numerous municipal programs related to infrastructure and public transportation and are used to measure Canada's sustainable development and environmental goals. Information from the 2021 Census will be even more crucial because it will help your community evaluate the impact of the COVID-19 pandemic and to better plan for the future. Census collection will begin on May 3, 2021. Statistics Canada has adapted the collection process to ensure that all Canadians and our employees remain safe while participating in this vital national exercise. Data collected in the 2021 Census will inform many of the economic and health-related policy decisions that must be made by all levels of government in the coming months and years, as the aftermath of the COVID-19 pandemic continues to affect the lives of Canadians. Statistics Canada will do everything it can to get Canadians to respond to the census without an in- person visit from a census employee. Completing the census questionnaire online is the best and fastest way to fulfill the census obligation. We anticipate that the great majority of Canadians will complete the questionnaire through our efficient, secure and user-friendly online application. Respondents without reliable access to the Internet can also call the Census Help Line to complete their census questionnaire over the phone or request a paper questionnaire. In cases where a Statistics Canada census employee is sent to a dwelling for non-response follow- up, a new no-contact protocol will be followed. Under this protocol, no interviews will be conducted inside the respondent's dwelling. These interviews will instead be physically-distanced and the census employee will be required to wear a mask, and follow all public health guidelines. I would appreciate your active support in helping us make the 2021 Census a success. We have developed the Community Supporter Toolkit and brought together products and resources to help you spread the word about the benefits and positive impact of the census for your community. If you would like to express your municipality's support for the census, please share the municipal council resolution text below with your residents: Be it resolved: The "Council of (NAME OF CITY/TOWN/MUNICIPALITY)" supports the 2021 Census, and encourages all residents to complete their census questionnaire online at www.census.gc.ca. Accurate and complete census data support programs and services that benefit our community. I would like to thank you and your municipality for your input to the census to date, and for your continued support and collaboration. I invite you to learn more about the 2021 Census on our census website and to follow our official social media accounts. Page 130 of 187 14.c) Correspondence received April 22, 2021 from Anil Arora, Chief Stat... In the coming weeks, a member of our communications team may contact you to discuss ways in which we can work together. Should you have any questions, please contact us at statcan.censusoutreach.ontario-rayonnementdurec.ontario.statcan(a�-canada.ca. Sincerely, Anil Arora Chief Statistician of Canada Statistics Canada / Government of Canada anil.arora(ccanada.ca Page 131 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... The Corporation of the Township of Oro-Medonte By-Law No. 2021-051 A By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and Braestone Development Corporation Whereas, Section 51, Subsection (26)of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies being: Part of Lot 16 Concession 11 Oro Part 1 Plan 51 R-41100; Township of oro-Medonte, County of Simcoe; PIN 58547-0168(LT) Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule"A"; 2. That the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule"A", be registered on title against the lands described therein; IMPRokbl 3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of the Subdivision Agreement against the owners and any and all subsequent owners of the land; 4. That this By-Law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. ldmEpmmq By-Law read a First, Second and Third time, and Passed this 281" Day of April, 2021. The Corporation of the Township of Oro-Medonte INF Mayor, H.S. Hughes Clerk,Yvonne Aubichon Page 132 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... Township of Proud Heritage,Exciting Future SUBDIVISION AGREEMENT Pursuant to Sections 51(26)and 51 (27)of the Planning Act. R.S.O. 1990 c. P. 13 - between - 1157391 ONTARIO INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO—MEDONTE DESCRIPTION OF LANDS PART OF LOT 16 CONCESSION 11 ORO PART 1 PLAN 51R-41100; TOWNSHIP OF ORO-MEDONTE; PIN 58547-0168(LT) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE April 28, 2021 By-Law No. 2021-051 Page 133 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS Part 1 General Requirements Part 2 The Lands, Plans and Representations Part 3 Pre-Construction Requirements Part 4 Financial Requirements Part 5 Phasing of the Subdivision Part 6 Construction Requirements Part 7 Building Permits and Occupancy Part 8 Substantial Completion and Maintenance, and Acceptance and Final Assumption Part 9 Default Provisions SCHEDULES Schedule "A" - Description of Lands Affected by this Agreement Schedule "B" - Plan of Subdivision Schedule "C" - Deeds and Easements to be Conveyed Schedule "D" - Development Charges Schedule"E" - Standard Township Letter of Credit(Irrevocable) Schedule "F" - Parkland Dedication/Cash in Lieu Schedule "G" - Servicing Works to be Constructed Schedule "H" - Itemized Cost Estimate of Servicing Works Schedule "I" - Declarations of Progress and Completion Schedule"J" - Winter Road Maintenance Schedule "K" - List of Lots Requiring Special Attention a Page 134 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the 28th day of April, 2021. BETWEEN: 1157381 ONTARIO INC. (hereinafter called the"Developer") AND: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the"Township") WHEREAS the lands affected by this Agreement are the lands described in Schedule"A" hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule"B" and collectively are herein referred to as the "said lands"; AND WHEREAS a Draft Plan with Conditions (2018-SUB-02) has been issued for the proposed subdivision,which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS($2.00)of lawful money of Canada now paid by the Township to the Developer(the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: Page 135 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART— 1 GENERAL REQUIREMENTS 1.1 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT Prior to the execution of this Subdivision Agreement, the Developer shall: 1.1.1 Land Ownership-be the registered owner in fee simple of the lands described in Schedule "A"and that there will be no encumbrances registered against the said lands. 1.1.2 Taxes-have paid all Township tax bills issued/outstanding against said lands. 1.1.3 Deeds and Easements-have delivered to the Township all transfers/deeds, discharges and easements or other documents required by Schedule"C", as well as Certification from the Developer's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 1.1.4 Cash Deposits, Development Charges and SecuritV- have paid to the Township all cash deposits, development charges and security required by Schedules"D", "F"and "H". 1.1.5 Insurance Certificate—have filed with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 1.1.6 Postponement Mortgage/Charge—have filed with the Township's solicitor, for their approval, a postponement of Mortgage/Charge document. 1.1.7 Developer's Consulting Engineer—Letter of Retention -ensure that each Consulting Engineer(who must be experienced in the field of Municipal Services)for the Developer, file with the Township, a letter confirming the terms of their retainer, and which letter shall be in draft format supplied by the Township. 1.1.8 Lot Sizes—have filed with the Township, a certificate from an Ontario Land Surveyor confirming that the frontage and area of each lot meets the minimum requirements of the Township Zoning By-law. 1.1.9 Engineering Plans, Details and Specifications-have supplied to the Township, those Plans and Specifications necessary to identify the engineering design aspects of the proposed development, found in the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and have received an acknowledgment of conformity with design concepts from the Township. 1.1.10 Mylar Drawings- provided for registration, Mylar Drawings of all M Plans 1.1.11 Electrical Distribution Utility- have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, power supply to each lot, building or unit and street lighting requirements, as per the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and the cable Electrical Distribution Utility write a letter to the Township Clerk confirming that: 1.1.11.1 They have been informed of the project and have seen the development plans. 1.1.11.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 1.1.11.3 Easement requirements, if any. 4 Page 136 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... 1.1.12 Canada Post/Community Mail Boxes—have arranged for Canada Post to write a letter to the Township Clerk confirming that: 1.1.13.1 They have been informed of the project and have seen the development plans. 1.1.13.2 They have filed with the Township, a Plan showing the location of, and access to, community mailboxes to their satisfaction and satisfactory arrangements have been made without expense or obligation on the part of the Township. 1.1.13.3 Easement requirements, if any. 1.1.13 Lake Simcoe Regional Conservation Authority-have filed with the Township, a certificate from the Lake Simcoe Region Conservation Authority(LSRCA) that the Developer shall carry out all the servicing works and recommendations approved in all the reports required by the :Lake Simcoe Region Conservation Authority. The Developer agrees to maintain all existing vegetation up until a minimum of 30 days prior to any grading or construction on-site in accordance with 4.20b.- DP of the Lake Simcoe Protection Plan. The Developer agrees to indemnify and save harmless the Township of Oro- Medonte and the LSRCA from all costs, losses, damages,judgements, claims, demands, suits, actions, or complaints resulting from any increased flooding or erosion to property and people as a result of the approved storm water management scheme. The Developer shall obtain and maintain in full force and effect general liability insurance with respect to the storm water management works and system during the period that the Developer is responsible for operating and maintaining the stormwater management works and system. 1.1.14 Fire Chief Approval—have obtained approval from the Fire Chief of the Township confirming and approving of the proposed plans for fire protection, and specifying any hydrants, or other equipment, or appurtenances required. 1.1.15 Approvals—have obtained and filed with the Township, confirmation of approvals from the following: 1.1.16.1 Ontario Ministry of the Environment, Conservation and Parks 1.1.16.2 Ontario Ministry of Natural Resources and Forestry 1.1.16.3 Ontario Ministry of Tourism, Culture and Sport 1.1.16.4 Township of Oro-Medonte 1.1.16.5 County of Simcoe 1.1.16.6 Simcoe County District School Board 1.1.16.7 Simcoe Muskoka Catholic District School Board 1.1.16.8 Electrical Distribution Authority(Hydro One) 1.1.16.9 Lake Simcoe Region Conservation Authority 1.2 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ a Professional Engineer(P.Eng), licensed by and be in good standing with the Association of Professional Engineers of Ontario (PEO). The Engineer or Engineering Consulting firm shall have a Certificate of Authorization (C of A)to provide professional engineering services to the public: A Letter of Retention from a qualified Professional Engineer(P.Eng.) experienced in the field of Municipal Engineering Servicing Design confirming that their Engineering Consulting firm has been retained by the Developer to act as Consulting Engineers for 1157391 Ontario Inc. 5 Page 137 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... 1.2.1 Terms of Retainer-The terms of the Engineering Consulting retainer with the Developer shall be as follows: i) Contract Administration and Representation -To prepare the necessary contract(s)and provide contract administration on behalf of the Developer and to act as the Developer's representative in all matters pertaining to the subdivision; ii) Design Drawings, Details and Specifications- Prepare and furnish all required design drawings, details and specifications in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design (April 2016); iii) Cost Estimates- Prepare cost estimates for the Township services to be constructed in accordance with the design drawings, details and specifications; iv) Approvals-Obtain all necessary approvals in conjunction with the Township, from the Township of Oro-Medonte water and sewage approval authority, Ministry of the Environment, Conservation and Parks, Simcoe County District School Board and Simcoe Muskoka Catholic District School Board, Lake Simcoe Region Conservation Authority, Canada Post, Electricity and Natural Gas utility companies, and all other agencies (as required); v) Erosion and Siltation Control - Ensure all necessary precautions and maintenance actions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design (April 2016); vi) On-Site Supervision and Inspections- Provide supervision and all on-site inspections at all times during the construction of Township service installations to ensure that the work involved in construction of the services is carried out by construction methods conforming to acceptable engineering and construction practices; vii) Scheduling - Ensure scheduling complies with the timing provisions of this Agreement and the requirements of the Township's Engineering Consultant, for all the servicing works specified in this Agreement; viii) Co-ordination -Co-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services; ix) Records Maintenance- Maintain records of all construction inspections and certifications and make available for inspection or copy by the Township and/or the Townships Engineering Consultant; x) As-Constructed Drawings- Prepare and submit certified final "As- Constructed"drawings which shall include the following with regard to provision of a digital Plan of Subdivision after the acceptance of the Township services. Change in Retainer—If at any time during the project: i) The terms of the Engineering Consulting retainer are changed by the Developer, or; ii) If they become aware that the Consulting Engineer will not be able to provide"As-Constructed"drawings, the Developer's Engineering Consultant shall notify the Township within twenty- four(24) hours. 6 Page 138 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... 1.2.2 Digital Submission of Engineering Drawings Completed digital Plan of Subdivision engineering drawings must be prepared using the Township of Oro-Medonte Standard CAD format and shall use the Township's Standard Symbol, Line Type, Line Thickness and Layering Scheme shall be followed for all Drawings. The lines,which describe the boundary of all properties created within the Plan of Subdivision, will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB LAYER will outline the property boundaries in the form of enclosed polygons. LAYER PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW 2 The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LAYER PL LT TEXT FONT MONOTEXT COLOUR YELLOW 2 The digital files should contain enough site data as to allow for horizontal and vertical positioning within the existing base mapping. A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing. All line data depicting property boundaries must be mathematically closed to form polygons. It is not necessary that the digital data be in Universal Transverse Mercator (UTM)co-ordinates since the registration process will automatically convert any unit grid to the"Ontario Base Mapping UTM Co-ordinate System". Two (2)copies of each digital Plan of Subdivision design set are required on separate CDs or DVDs in both AutoCAD drawing format in an AutoCAD version acceptable to the Township and in PDF format. Each CD ROM or DVD must be labeled identifying the legal property description, developer's name, file name, and date delivered. It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approval process are incorporated into the digital submission. 1.2.3 Lot Grading Certification The Developer's Consulting Engineer shall furnish the Township with the following Letters of Certification: a) A letter to the Manager of Development Engineering for each Engineered Lot Grading Plan (with respect to each lot or building block for which a Building Permit application is made)-certifying that the proposed construction is in conformity with the Lot Grading Plan or with an approved variation; b) A letter to the Chief Building Official -certifying that the elevation of the underside of the footing, and then the top of the constructed wall of the building is in conformity to the elevation shown on the individual site plan, and complies with the Overall Lot Grading Plan. Any variance shall require the approval of the Township and/or the Township's Engineering Consultant; 7 Page 139 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... c) A letter certifying the final grade elevation and Lot Development Plan, for each lot or block within the plan indicating that the property has been developed in conformity with the Engineered Lot Grading Plan or with an approved variation. NOTE: That a Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist could also be retained to provide the aforementioned 1.2.3 a), b), or c). Any cost incurred by the Township will be the responsibility of the Developer or individual lot owner. NOTE: In the case of lots built on after the sale or transfer by the Developer, the Township reserves the right to request a similar Certificate as required under 1.2.3 a), b), or c),which may be provided by a Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist other than the Developer's Consulting Engineer, however if the Township's Engineering Consultant prepares the Certificate, the cost of the work will be deducted from the final occupancy and lot grading deposit and will become the responsibility of the individual lot owner. 1.3 LEGAL NOTICE TO DEVELOPER Any notice required to be given hereunder may be given by registered mail addressed to the Developer at his principal place of business and shall be effective as of the date of the deposit thereof in the post office, as follows: 1157391 Ontario Inc. 303 Sunnybrae Ave. Innisfil, ON L9S OK9 (705)431-2268 Or by Electronic Mail:wayne@anthomes.ca In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.4 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.5 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.6 MORTGAGEE BECOMING DEVELOPER The mortgagee(s)hereby agrees that in the event the mortgagee(s) becomes the Developer(s)of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s)shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s)agrees to register a discharge of the mortgage(s)on those lands if called upon by the Township, to do so, and the mortgagee(s)shall be subject to the terms of the Agreement as though the mortgagee(s) had executed this Agreement in the capacity of the Developer. 1.7 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s)agrees that in the event of their assigning or transferring the mortgage(s)on the lands, the assignment(s)or transfer(s)shall be subject to the terms 8 Page 140 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... hereof, in the same manner as if the assignee or transferor has executed this Agreement. 1.8 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by Section 51.1 of the Planning Act, R.S.O. 1990, c.P.13 and required by the Township of Oro-Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the Township's Solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said deed. The Developer shall provide to the Township's Solicitor, certification of good title, free and clear from all encumbrances. 1.9 EASEMENTS The Developer agrees to grant, at his expense, all such easements, rights-of-ways and access or servicing blocks as may be required for the installation and supply of Municipal Services to the subdivision or provide Emergency Service Access (Fire, Police,Ambulance)and to deed lands to the Township, as set out in Schedule"C". The Developer also agrees to certify good title to easements, rights-of-ways and access or servicing blocks by the Developer's solicitor. Prior to executing this Agreement, all known easements, rights-of-ways and access or servicing blocks shall be filed with the Township in a form approved by the Township's Solicitor. A list of easements, rights-of-ways and access or servicing blocks shall be set out in Schedule "C"of this Agreement. The Township agrees to transfer easement(s)on lands it owns following the registration of this subdivision plan to the authority requiring the easement(s). All cost of the above noted registration to be borne by the Developer. 1.10 ELECTRICAL UTILITIES Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electrical utility supplier stating that the Developer has entered into satisfactory arrangements with the electrical utility supplier with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing private companies' plant and equipment, which are necessary to accommodate this subdivision, shall be borne by the Developer. 1.11 SIMCOE COUNTY BOARDS OF EDUCATION ADVISEMENT The Developer agrees to advise all prospective purchasers, renters and lessees that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated Public and Catholic school sites in the community is not guaranteed, and that pupils may be transported to/accommodated in temporary facilities out of the neighbourhood schools' area. The Developer agrees to advise all prospective purchasers, renters and lessees that school busses will not enter cul de sacs and that pick up points will generally be located on through streets, suitable to the Board. Additional pick-up points will not be located within the subdivision until major construction activity has been completed. The Developer agrees to advise all prospective purchasers, renters and lessees that noise, exterior lighting, portable classrooms, and increased traffic on neighbouring 9 Page 141 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... streets during peak a.m. and p.m. hours and during special events are normal operating conditions for a school. The Developer agrees to install a chain link fence along the property line that borders East Oro Public School's property as shown on the WMI &Associates Engineering Drawings accepted for Construction by the Township on February 2, 2021. The Developer agrees that the existing trees located along the property line of East Oro Public School and the proposed residential development shall remain in place as is. These clauses are to be placed in any Offer or Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.12 CANADA POST The Developer agrees to construct mailbox Iaybys as detailed on the engineering drawings, a site, if required, to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. The Developer agrees that: a) Prior to offering any of the residential units for sale, to place the "January 8, 2021 Community Display Map"on the wall of the sales office in a place readily available to the public which indicates the location of all Canada Post Community Mailbox site locations, as approved by Canada Post and the Township of Oro-Medonte; b) To include in all offers of purchase and sale a statement, which advises the prospective new home purchaser that mail delivery will be from a designated Community Mailbox, and to include the exact locations(list of lot#s)of each of these Community Mailbox locations; and further, advise any affected homeowners of any established easements granted to Canada Post; c) The owner/developer will be responsible for officially notifying the purchasers of the exact Community Mailbox locations prior to the closing of any home sales with specific clauses in the Purchase offer, on which the homeowners do a sign off; d) To provide the following for each Community Mailbox site and include these requirements on appropriate servicing plans: i) A Community Mailbox concrete base pad per Canada Post specifications; ii) Any required walkway across the boulevard, as per municipal standards; and iii) Any required curb depressions for wheelchair access; e) To determine, provide and fit up a suitable gravel area 60 to 90 days prior to the first occupancy to act as a Temporary Community Mailbox location(s)which may be utilized by Canada Post until the permanent mailbox pads, curbs, sidewalks and final grading have been completed at the permanent CMB site locations. This is will enable Canada Post to provide mail service to new residences as soon as homes are occupied. Specifications for this gravel area will be provided at the time the developer notifies Canada Post of the first occupancy date. (The developer should provide evidence of how they intend to co-ordinate this activity in a timely manner to a safe and clean usable area); f) There will be no more than one mail delivery point to each unique address assigned by the Municipality; and g) To contact Canada Post directly to communicate the first occupancy date at which time Postal Coding will be provided. h) To notify all new homebuyers of the process to initiate Mail Delivery. 10 Page 142 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... These clauses are to be placed in any Offer or Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.13 COUNTY OF SIMCOE That the Developer acknowledges that based on preliminary designs, the County of Simcoe has confirmed that County waste collection services are feasible for this development. The County is not required to provide waste collection services along unassumed roads until such time they are assumed by the municipality. The County may, however, commence waste collection services prior to the municipality assuming the road once an appropriate level of residency has been confirmed by the County. Such early provision of waste collection services is contingent upon regular access being available on the road and is subject to a request being approved by the County Solid Waste Management Department. This may require temporary turnarounds to be constructed depending on the phasing of the development. The Owner/Developer acknowledges that should road access be blocked due to road construction, parked vehicles, insufficient snow removal, etc., or should any temporary turnarounds not be constructed to the County's standard, service disruptions will occur. The Owner/Developer is responsible for providing waste collection services until such time as the County has confirmed that the access restriction has been satisfactorily remedied. 1.14 PRIVATE SEWAGE DISPOSAL SYSTEMS The Developer and each individual lot owner, acknowledges that each owner agrees to comply with the requirements and recommendations of the Hydrogeologic Evaluation prepared by Ian D. Wilson Associates Limited dated July 26, 2018. The use of nitrate reduction technology will be required. Sewage systems are required be designed and installed in accordance with Part 8 of the Ontario Building Code. 1.15 EMERGENCY ACCESS AND STORMWATER MANAGEMENT BLOCKS ADVISEMENT The Developer agrees to advise all prospective purchasers, renters and lessees that information will be provided on all community information maps (January 8, 2021 Community Display Map)and promotional sales materials, providing notice as follows: a) That any encroachments of any kind are not permitted in the stormwater management and emergency access block(Block 11). b) That an emergency access is intended between Block 11 and 15/16 Side Road and that such use may result in emergency vehicle traffic on the street and adjacent to or in the vicinity of the property. Purchasers are further advised that properties adjacent or in proximity to said emergency access may be affected by noise and lighting from such uses. These clauses are to be placed in any Offer or Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.16 ADVISEMENT TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses: 1.2.3 a), b), and c), and notes, 1.8, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15,4.5, 4.7.2, 6.2, 6.3, 6.9, 6.13, 6.15, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, and Schedules"C", "D"and "K"to each prospective purchaser of a lot(s). t t Page 143 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... 1.17 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default,failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.18 ENUREMENT This Agreement shall enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. 12 Page 144 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART-2 THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule"A" hereto. 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer agrees to satisfy all the requirements, financial and otherwise, of the Township concerning the provision of roads, the installation of services and drainage. The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules herein after referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards including, without limiting the generality of the foregoing, the Drawings listed in Schedule"G"of this Agreement, along with the Detailed Stormwater Management Report dated May 2020 prepared by WMI & Associates and stamped "ACCEPTED FOR CONSTRUCTION" by The Jones Consulting Group Ltd., the Township's Engineering Consultant on February 2, 2021. The Engineering Design Drawings (as a minimum)are as follows: Description • Title Page/List of Drawings • General Servicing Plan(s) • Site Grading Plan • Plan & Profile 1 —Eagle Way Court A STA: 0+000-0+230 • Plan & Profile 2—Storm outlet STA:0+000-0+129 • Stormwater Management Facility Plan • Erosion &Sediment Control Plan • Detail Sheet 1 • Legal Plan • Hydro One • Electrical Layout Drawing • Photometrics • Electrical Details • Lighting Details • Arborist Plan ARB-1 • Arborist Plan ARB-2 • Arborist Plan ARB-3 • Overall Landscape Plan LP-1 • Details D-1 • Details D-2 13 Page 145 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... Refer to Schedule "G"for a complete list of Drawings 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 Ministry of the Environment, Conservation and Parks 2.4.3.2 Electrical Distribution Utility 2.4.3.3 Township of Oro-Medonte 2.4.3.4 County of Simcoe 2.4.3.5 Lake Simcoe Region Conservation Authority 2.4.4 All applicable Township By-Laws, including any applicable Site Plan Control By- Laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all Municipal and other servicing works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule"A" - Description of Lands Affected by this Agreement Schedule"B" - Plan of Subdivision Schedule"C" - Deeds and Easements to be Conveyed Schedule"D" - Development Charges Schedule"E" - Standard Township Letter of Credit(Irrevocable) Schedule 7" - Parkland Dedication/Cash in Lieu Schedule"G" - Servicing Works to be Constructed Schedule"H" - Itemized Cost Estimate of Servicing Works Schedule"I" - Declarations of Progress and Completion Schedule"J" - Winter Road Maintenance Schedule"K" - List of Lots Requiring Special Attention 2.7 SUBDIVISION CHANGES There shall be no changes in the Schedules attached hereto, or in any Plan accepted by the Township or others, unless such proposed changes have been submitted to, and approved by, the Township and the Township's Engineering Consultant. 14 Page 146 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART-3 PRE-CONSTRUCTION REQUIREMENTS 3.1 PRIOR TO STARTING CONSTRUCTION Prior to starting construction of the subdivision works, the Developer shall: 3.1.1 Pre-servicing Obtain Pre-Servicing Agreement, if necessary, prior to registration of the Plan of Subdivision. 3.1.2 Plan Registration Obtain final approval of the Plan from the Township of Oro-Medonte and obtain registration of the Plan. 3.1.3 Approval of Engineering Design Drawings The Developer and the Developer's Engineering Consultant(s)shall have the Engineer Design Drawings Details and Specifications for the servicing works approved by the Township's Engineering Consultant prior to construction and the originals must be stamped as accepted by the Township's Engineering Consultant. 3.1.4 Environmental Compliance Approval Submit to the Township, the Ministry of the Environment, Conservation and Parks Compliance Approval for Stormwater Management System (ECA Number 1239-BQNSN6)and dated June 30, 2020. 3.1.5 Contractors and Sub-Contractors The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township's Engineering Consultant. The Township and the Township's Engineering Consultant are to be provided with the names and phone numbers of personnel responsible for the servicing works, including emergency phone numbers. 3.1.6 Scheduling of Servicing Works Prior to the start of construction, the Developer shall supply for the Township's Engineering Consultant, approval of a Schedule of Works, setting out the order in which the various sections of the servicing works within the Plan will be built. The Township's Engineering Consultant may amend this Schedule and the Developer shall construct, install or perform the servicing works as the Township's Engineering Consultant, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 3.1.10. 3.1.7 Stormwater Management A stormwater management report shall be prepared by the Developer's Engineer for approval by the Township's Engineering Consultant and the Lake Simcoe Region Conservation Authority which details the means whereby stormwater drainage will be accommodated and how erosion and siltation will be contained on site both during and following construction. This report must deal with post development stormwater quality and shall conform to Ministry of Environment, Conservation and Parks Interim Stormwater Quality Guidelines. The Developer agrees to provide the Township of Oro-Medonte with an easement for conveyance of stormwater through the private property located at 15 Page 147 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... 1461 15/16 Side Road, described as Part 4, Plan 51 R-39524, PIN 58547-0156, to the existing Stormwater drainage system at 15/16 Side Road. 3.1.8 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting there from. A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township's Engineering Consultant and the Lake Simcoe Region Conservation Authority. Prior to any earth works, grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Consulting Engineer shall submit the Plan for approval by the Township's Engineering Consultant and the Lake Simcoe Region Conservation Authority. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. The Plan must deal with post development stormwater quality and shall conform to the Ministry of Environment, Conservation and Parks/Ministry of Natural Resources and Forestry Interim Stormwater Quality Guidelines. The Developer agrees to carry out, or cause to be carried out, the work approved in the Plan, and such work will be certified, in writing, by the Developer's Consulting Engineer and provided to the Township's Engineering Consultant and the Lake Simcoe Region Conservation Authority. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction and until such time as the Subdivision is Assumed by the Township. 3.1.9 Signs Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township's Engineering Consultant, and the signs shall read as follows: 1. ROADS NOT ASSUMED BY TOWNSHIP-USE AT YOUR OWN RISK The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Acceptance and Final Assumption. 2. PROJECT NAME, DEVELOPER'S NAME and PHONE#, DEVELOPER'S ENGINEERING CONSULTANT'S NAME and PHONE# DEVELOPER'S GENERAL CONTRACTOR'S NAME and PHONE# These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Acceptance and Final Assumption. 3.1.10 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48)hours written notice to the Township's Engineering Consultant, of his intent to commence work. 16 Page 148 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... The Developer shall complete the municipal servicing works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement. All municipal services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.12 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township's Engineering Consultant. Subsequent phases shall be completed within a one (1)year time frame for underground services and two (2)years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight(48) hours written notice to the Township's Engineering Consultant before work is resumed. If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either: 1. Issue a Stop Work Order to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or, 2. Issue a Stop Work Order to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township. 3.2 BREACH OF AGREEMENT If the Developer commences or causes construction of the servicing works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 9 of this Agreement. 17 Page 149 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART-4 FINANCIAL REQUIREMENTS 4.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 4.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and Planner for all costs involved in processing the subdivision and of the Township's Engineering Consultant for engineering design review of plans and specifications and inspection on behalf of the Township. The inspection by the Township will depend on the type of construction and the amount provided will be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township, the sum of TEN THOUSAND DOLLARS($10,000.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. As accounts are received from the Township Planner, lawyer and Township's Engineering Consultant, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30)days, so that the initial deposit will again be built up to enable the Township to pay the next accounts as they are received. In the event that the deposit is drawn down to a level of FIVE THOUSAND DOLLARS($5,000.00), or less, and the Developer does not pay the accounts within thirty(30)days, it is hereby understood and agreed that the Developer would be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. 4.3 DEVELOPER'S LIABILITIES Until the Township has issued the Certificate of Acceptance and Final Assumption for the servicing works, the Developer shall indemnify the Township against all actions, causes of action, suits, claims and demands whatsoever which may arise either directly or indirectly by reason of the Developer undertaking the Plan, and the Township shall not be deemed to be the Developer. 4.4 UTILITY COSTS AND CHARGES The Developer shall deal directly with all Utility companies. The Developer or their Consulting Engineer shall obtain all approvals and permits and pay all fees and utility charges directly to the Utility until the Certificate of Acceptance and Final Assumption are issued. 4.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per-lot basis prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the Municipal Act, 2001, S.O. 2001, c.25 at present serving this property and assessed against it. 18 Page 150 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... These charges are set out in Schedule"D"of this Agreement. NOTE: In addition to the Municipal Development Charges, the lots may be subject to Simcoe County development charges, Simcoe County Boards of Education development charges and applicable development charges of any Public Utility. 4.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent(100%)of the estimated cost of the said work as approved by the Township's Engineering Consultant and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule"D"with an automatic renewal clause, in the amount of one hundred percent (100%)of the estimated costs of the said servicing works, as set out in Schedule"H"and 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, three (3) months prior to expiration. Unless the Letter of Credit is renewed as noted above, the Township shall have the absolute right to refuse to issue Building Permits and to prohibit occupancy of homes, whether partially or fully completed, from the said date, three (3) months prior to the expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a satisfactory Letter(s)of Credit is received by the Township. c) Notwithstanding the provisions of subparagraphs (a)and (b)above, the estimated cost of the servicing works, as set out in Schedule"H", will be reviewed and updated by the Township's Engineering Consultant on each anniversary of the date of execution of this Agreement. In the event of an increase, the Developer shall provide additional security, as required by the Township's Engineering Consultant, within thirty(30)days of notice, by registered mail, from the Township. In the event that the Developer fails to deliver to the Township the additional security as required by the Township's Engineering Consultant, it is hereby understood and agreed that the Developer be deemed to be in default of this Agreement and the Township may, without notice, invoke default provisions as set out in this Agreement. The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities,the Developer's Consulting Engineer shall submit an estimate of the cost of the servicing works to the Township's Engineering Consultant for approval. When the cost estimate has been approved, it will be set out in Schedule"H"of this Agreement and will become the basis for the limits of the securities. In the event that the tendered contract price for the Township services set out in Schedule"H" is greater by 10%than the estimates in the said Schedules, then the security provided for above shall be increased to an amount equal to the tendered contract price. d) Application—any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter,which under the terms of this Agreement, is the responsibility of the Developer, including,without limiting the generality of the foregoing, payment of Engineering, legal, Planning, and 19 Page 151 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... Development Charges,or other costs incurred by the Township, which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein. e) Default—if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits,then the Township(its servants, agents or sub-contractors)shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f) Exceeding Cost Estimates—if the cost of completing such work or service exceeds the amount of security held by the Township,such excess shall be paid by the Developer to the Township,thirty(30)days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. g) Save Harmless—the Developer, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits,actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. h) Construction Lien Act—if the Township becomes obligated to make any payments, or pay any costs under the provisions of Section 17(4)of the Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. i) Surplus Funds—in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement(including all maintenance and warranty periods), be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 4.7 DISCHARGE OF SECURITIES 4.7.1 Estimated Cost of Works after 70% (seventy per cent)of the servicing works being completed, based on the total estimated cost of the servicing works for the subdivision or in the approved phase of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege,on application to the Township and upon certification of the Township's Engineering Consultant,to obtain reductions of the cash or Letter of Credit deposited for the installation of servicing works, in increments of not less than ten percent(10%). Upon application for reduction of the securities,the Developer's Consulting Engineer shall provide an estimate of the cost to complete the servicing works. The Township's Engineering Consultant will review the submitted estimate, and then make a recommendation as to the amount to be retained Director of Development Services for approval. The amount of servicing works not completed shall be retained along with twenty percent(20%)of the completed servicing works estimate with the remainder released. A further ten percent(10%)of the completed servicing works estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. 4.7.2 Final Occupancy and Lot Grading Deposit-the Developer or Individual Lot Owner shall deposit with the Township,the required Final Occupancy and Lot Grading 20 Page 152 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the Engineered Lot Grading Plan and approved by the Manager, Development Engineering or Township's Engineering Consultant, the balance of the deposit shall be returned. 4.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the municipal underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee holdbacks, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 4.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right,title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 4.10 INSURANCE CERTIFICATE AND POLICY 4.10.1 Policy of Insurance -the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1)year after completion and acceptance of the Township services to be constructed herein. 4.10.2 Comprehensive General Liability/Environmental Impairment-such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS($5,000,000.00) inclusive comprehensive general liability, environmental impairment liability in an amount not less than FIVE MILLION DOLLARS($5,000,000.00), and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor; d) shall include the following names as insured's: (i)THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (ii)THE JONES CONSULTING GROUP LTD. 4.10.3 Notice of Cancellation -a provision that the insurance company agrees to notify the Township within fifteen (15)days in advance of any cancellation or expiry of the said insurance policy. 4.10.4 Certificate of Coverage-any certificate of coverage filed with the Township Clerk shall specifically contain their confirmation that coverage includes (a), (b), (c)and (d)above and are in effect. 4.10.5 Confirmation of Premium Payment-the Developer shall,from time to time as required by the Township, provide confirmation that all premiums on such policy or policies insurance have been paid, and that the insurance is in full 21 Page 153 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... force and effect. The Developer shall see that a copy of the policy is filed with the Township annually. 4.10.6 Claim in Excess of Policy Limits-the issuance of such policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, and for which it may be held responsible. 22 Page 154 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART-5 STAGING OR PHASING 5.1 PHASING The Township, at its sole discretion, may instruct the Developer to construct the services in particular phases suitable to the Township, and the Developer must comply on terms to be agreed to by the Township. If the Township does not so instruct, the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivision into convenient phases. If the work is thus phased, as approved by the Township, then in lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 4.6 for one hundred percent(100%)of the estimated costs, as approved by the Township's Engineering Consultant,the Developer shall deposit security for part of the services the Township has approved. Before proceeding with an additional phase, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and no Building Permits issued until this approval has been received and additional securities deposited. When 70% (seventy per cent)of the lots of the subdivision or phases of the subdivision have been built upon and all the services have not been completed and approved by the Township's Engineering Consultant, the Township reserves the right to refuse commencement of the next phase until all services have been installed and approved. In no event will further subdivisions of the Developer or phases of subdivisions of the Developer be approved if all services of the active phase approved by the Township's Engineering Consultant have not obtained the Certificate of Substantial Completion and Maintenance within a two (2)year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least 70% (seventy per cent)of the lots on the subdivision or phase of the subdivision have completed dwellings erected therein and Final Certificate of Occupancy have been issued. The Developer shall be responsible for the maintenance and all repairs of the services, in this case. The subdivision is to be developed in the following Phases: Phase 1 Lots 1 to 10 Plan 51 M- 23 Page 155 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART-6 CONSTRUCTION REQUIREMENTS 6.1 SERVICING WORKS TO BE INSTALLED The servicing works to be installed are set out in Schedule"G"to this Agreement. This Schedule is to set out the servicing works in general terms only and shall not be construed as covering all items in detail. The servicing works are to be designed and constructed in accordance with the current Township of Oro-Medonte Development Engineering Policies Process and Design Standards adopted by By-law at the time of signing of the Subdivision Agreement. A copy of these standards are available at the Municipal Office and at www.oro-medonte.ca. If at any time, and from time to time during the development of the subdivision, the Township's Engineering Consultant is of the opinion that additional servicing works are necessary to adequately provide any of the public services required by the Plan of Subdivision, the Developer shall construct, install or perform such additional servicing works at the request of the Township's Engineering Consultant. 6.2 ELECTRICAL UTILITIES 6.2.1 Any development in conjunction with the subdivision must not block vehicular access to any Hydro One located on the right-of-way. 6.2.2 The Developer shall make arrangements satisfactory to Hydro One for the crossing of the Hydro One right-of-way by the proposed roads. A separate proposal shall be submitted to Hydro One area offices for these future road crossings. 6.2.3 The cost of any relocations or revisions to Hydro One which are necessary to accommodate this subdivision will be borne by the developer. 6.2.4 The easement rights of Hydro One are to be protected and maintained. 6.3 PRESERVATION AND PLANTING OF TREES 6.3.1 The Developer shall preserve all healthy trees within the limits of the subdivision, where possible and supply a Tree Preservation Plan as appropriate. If, in the opinion of the Township's Engineering Consultant, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland and individual lots, the Township shall have the option of issuing a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice shall not continue and the Developer/Builder agrees to carry out remedial work required by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 6.3.2 The Developer shall prepare and implement a vegetation plan/tree planting plan that outlines where and how the vegetation buffer will be enhanced with trees and shrub planting to protect the wetland and fisheries resources where natural vegetation on the buffer does not exist or is insufficient to provide an adequate vegetation buffer for approval by the Township and the Ministry of Natural Resources and Forestry. In addition, the tree planting plan shall require planting of up to three 2.4 metre or taller hardwood trees on those lots not having any tree cover. 24 Page 156 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... 6.3.3 Prior to grading of any lot or the Township giving its release for registration, the Developer shall prepare a Tree Preservation Plan for the lot to the satisfaction of the Township. 6.3.4 The Developer shall plant two (2)2.4 metre, or taller, hardwood trees of a minimum of 50mm caliper on each lot having less than three (3)trees in the front yard(s), if required by the Township. A minimum of 2 trees shall be placed along the flankage side of each corner lot. The type of trees must be satisfactory to the Township. 6.3.5 In addition, the Developer shall plant trees with the above specifications at 15 metre intervals around the perimeter of the park, if one is to be located within the plan, in areas where there is not sufficient growth of trees. 6.4 ADDITION OR REMOVAL OF FILL The Developer covenants and agrees that the Developer shall not add, nor permit to be added, any fill or debris on, nor shall the Developer remove or permit to be removed, any fill,topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township. 6.5 BLASTING Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township's Engineering Consultant or Township Operations Department Official, written permission for carrying out the blasting operation, and show proof of insurance for all damage or claims for damage resulting from the blasting operation. Regardless of whether the blasting is carried out by a subcontractor, the Developer, in any event, shall be responsible for any such claims. 6.6 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township's Engineering Consultant and the Township Operations Department during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Operations Department. For the purpose of obtaining such consent, the Developer shall advise the Township Operations Department and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 6.7 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Consulting Engineer shall arrange for an inspection with the Township Operations Department and Township's Engineering Consultant for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Operations Department's assessment of conditions prior to construction will be final. 6.8 DUST/MUD CONTROL AND ROAD SURFACE CLEANING Until the Certificate Acceptance and Final Assumption has been issued, the Developer shall apply calcium or other Ministry of the Environment and Climate Change approved dust suppressant to those roads within the subdivision and/or utilized by construction traffic, that have not had asphalt surfaces applied, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township. 25 Page 157 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... Until the Certificate Acceptance and Final Assumption has been issued, the Developer shall undertake water flushing and mechanical sweeping and cleaning to those roads within the subdivision and/or utilized by construction traffic, that have asphalt surfaces applied, sufficient to prevent any dust problem or mud tracking to traffic or home occupants,to the satisfaction of the Township. If the Developer has not taken remedial action within twenty-four(24) hours of receiving a written notification (via facsimile and/or email)from the Township and/or Township's Engineering Consultant regarding a dust control problem, then the Township and/or Township's Engineering Consultant, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 6.9 CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township shall not be responsible for the removal or disposal of any construction refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause to each and every builder applying for a Building Permit for any lot or part of a lot within the said Plan of Subdivision. 6.10 INSPECTION OF THE CONSTRUCTION OF MUNICIPAL SERVICING WORKS During the construction of all Municipal Servicing Works, the Developer's Engineering Consultant shall be responsible for all inspections and certifications of the construction of all Municipal Servicing Works. The Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township's Engineering Consultant and to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township's Engineering Consultant perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the approved installation of servicing works, the Township's Engineering Consultant will have the authority to cease construction operations by verbal notice to the contractor and/or the Developer's Consulting Engineer. Such notice shall be confirmed, in writing, as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 6.11 DECLARATION OF PROGRESS AND COMPLETION 6.11.1 Prior to the approval or acceptance of any Municipal Servicing Works by the Township, the Developer shall provide the Township's Engineering Consultant with an undertaking for the completion dates of all remaining Municipal servicing Works required by this Agreement and in a form similar to that attached to this Agreement as Schedule"I", the Declaration of Progress and Completion, for approval by the Township's Engineering Consultant. The Township reserves the right to alter the completion dates, if the timelines are considered to be inappropriate, and the Developer agrees to complete the Municipal Servicing within the revised completion dates. 6.11.2 It is understood and agreed that should the Developer fail to construct the remaining services, as stipulated, and by such dates as provided in the Declaration, the Developer shall pay to the Township, as pre-determined liquidated damages, the sum of TWO HUNDRED DOLLARS($200.00)for each and every day the said services are behind schedule of construction, and NO FURTHER BUILDING PERMITS SHALL BE ISSUED. 26 Page 158 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... 6.11.3 The Developer recognizes that top lift of asphalt shall not be placed until 70% (seventy per cent)of the lots have been fully developed and completed and dwellings have been issued a Certificate of Final Occupancy. 6.12 PROGRESS OF MUNICIPAL SERVICING WORKS The associated servicing works (as required)shall be constructed, inspected and approved in accordance with the wording contained in this Agreement prior to the completion of the other Municipal Servicing Works, including roads, sanitary sewers, storm sewer systems, boulevards, utilities and street lighting. The sanitary sewers and associated servicing works (as required)shall be constructed, inspected and approved in accordance with the wording contained in this Agreement prior to the completion of the other Municipal Servicing Works, including roads, storm sewers systems, boulevards, utilities and street lighting. The storm sewer system and stormwater servicing works will be constructed, inspected and approved in accordance with the wording contained in this Agreement. After the completion of Municipal Servicing Works, the Developer shall complete the Declaration of Progress and Completion for the approval of the Township's Engineering Consultant and from that date, the said Declaration shall apply and take precedence over Clause 3.1.6. Prior to signing the Declaration of Progress and Completion, the Developer shall install all servicing works in accordance with the Schedule of Servicing Works or as directed by the Township's Engineering Consultant. Should the Developer fail to adhere to the scheduling provisions outlined in the Schedule of Servicing Works or the Declaration of Progress; or having commenced to install the aforesaid servicing works, fails or neglects to proceed with reasonable speed; or in the event that the aforesaid servicing works are not being installed in the manner required by the Township's Engineering Consultant: the Township's Engineering Consultant giving seven (7)days written notice by prepaid registered mail to the Developer may,without further notice, enter upon the said land and proceed to supply all materials and to do all necessary servicing works in connection with the installation of the said servicing works, including the repair or reconstruction of faulty works and the replacement of materials not in accordance with the specifications. The Township's Engineering Consultant shall charge the costs thereof, together with an Engineering fee of ten percent(10%)of the cost of such materials and servicing works to the Developer who shall forthwith pay the same upon demand. If the Developer fails to pay the Township within thirty(30)days of the date on the bill, the money owing shall be deducted from the cash deposit or Letters of Credit. It is understood and agreed between the parties hereto that such entry upon the land shall be as agent for the Developer, and shall not be deemed for any purpose whatsoever, as an Acceptance or Assumption of the said Municipal Servicing Works by the Township. The Township may refuse to issue Building Permits until such Municipal Servicing Works are installed in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and to the satisfaction of the Township's Engineering Consultant. It is agreed that a copy of this clause be delivered by the Developer to each and every Builder obtaining a Building Permit for any lot or part of a lot on the said Plan. Note: Building Permits shall not be issued until the Township's Engineering Consultant has given the Certificate of Substantial Completion and maintenance. 6.13 EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any of the servicing works. Such entry and repair shall not be deemed an acceptance of the servicing works by the Township or any assumption by the Township of any liability in 27 Page 159 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... connection therewith, or a release of the Developer from any of his obligations under this Agreement. 6.14 USE OF SERVICING WORKS BY TOWNSHIP The Developer agrees that: I. The servicing works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such servicing works are designed. II. Such use shall not be deemed an acceptance of the servicing works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the servicing works so used. 6.15 DRAINAGE AND LOT GRADING Generally, the drainage facilities will consist of curb and gutters, and storm sewers, to provide a satisfactory drainage outlet, and will be in accordance with the Site Grading Plan SGR, Stormwater Management Facility Plan SWM, Plan and Profile 1 —Eagle Way Court, Plan & Profile 2 Storm Outlet, prepared by WMI &Associates Limited and approved by the Township's Engineering Consultant and the Township. All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the Site Grading Plan SGR, inclusive, prepared by WMI & Associates Limited and approved by the Township's Engineering Consultant and the Township. Some fill and re-grading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township's Engineering Consultant. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners (or any subsequent lot purchasers/owners)once the required drainage servicing works have been constructed by the Developer. Drainage swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the drainage swale, or interferes with the acceptance of water from any connecting drainage swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the drainage swales can serve their original purpose. The Developer, and any subsequent lot owner, shall not construct any servicing works, remove, or permit to be removed, any soil from the said drainage swale, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said drainage swale any fence,well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty(30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 446 of the Municipal Act, 2001. 28 Page 160 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision as part of the Purchaser's Manual. 6.16 LANDSCAPING All Landscaping Works shall be completed to the satisfaction of the Township in accordance with Section 3.16—Landscaping of the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards and as represented on the Landscape Design Drawings included in Schedule"G". All Landscaping Works shall be completed prior to the issuance of the Certificate of Acceptance and Final Assumption. (Typically when 70% (seventy per cent)of the total Building Permits allowed for in the subdivision have been completed) Maintenance of Landscape Plantings shall extend for a minimum of 12 (twelve) months past the issuance of the Certificate of Acceptance and Final Assumption. 29 Page 161 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART—7 BUILDING AND SEWAGE SYSTEM PERMITS AND OCCUPANCY 7.1 OVERALL LOT DEVELOPMENT PLAN &INDIVIDUAL SITE PLANS 7.1.1 The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building or Sewage System Permit for any part or portion of the said lands or on any lot therein, and no Building or Sewage Permit shall be issued until a Certificate of Substantial Completion and Maintenance has been issued. 7.1.2 The Developer's Consulting Engineer shall prepare an Overall Lot Development Plan for approval by the Township and/or Township's Engineer Consultant and the Lake Simcoe Region Conservation Authority as a further requirement to Clause 6.17. The Plan shall include the following: a) envelopes for the proposed house and any adjacent structures on each lot. b) existing and proposed grades of the disturbed area of lot after building, drainage and sewage servicing works have been completed. c) existing and proposed grades on lot corners and mid-lot elevation. d) location and type of proposed water supply and sanitary sewer supply/connection. 7.1.3 The Developer agrees to advise all prospective lot Purchasers that prior to a Building or Sewage System permit being issued a detailed individual site plan including methods of stormwater storage and sewage effluent disposal shall be prepared for each lot by the Developer's Consulting Engineer and approved by the Township and/or the Township's Engineering Consultant. The individual site plan shall show the building and tile bed location (if applicable)and elevations, all exterior lot grading and drainage servicing works complete with elevations and landscaping. 7.1.4 The Developer further agrees to construct all servicing works required under Clause 6.17, and as shown on the approved General Servicing Plans, Site Grading Plan, Erosion &Sediment Control Plan, Stormwater Management Facility Plan, Hydro One, Electrical Layout Drawing, Photometrics, Electrical Details, Lighting Details prepared by WMI &Associates Limited to the satisfaction of the Township and the Township's Engineering Consultant. 7.1.5 The Developer further agrees to advise all prospective lot owners of the requirements that it may be necessary for the sewage system to be installed prior to construction of the home, subsequent to the issuance of a Sewage System Permit and the sewage system design requirements contained in Section 1.14. 7.1.6 The Developer further agrees to advise all prospective lot owners that any encroachments of any kind are not permitted in a stormwater management block and that such use may result in increased vehicular and pedestrian traffic on the street and adjacent to or in the vicinity of the property. Purchasers are further advised that properties adjacent to such Block may be affected by noise and lighting from such uses. 7.2 REQUIREMENTS FOR BUILDING PERMITS The Developer acknowledges and agrees that final approval or registration of the Plan of Subdivision approval by the Township, or the acceptance by the Township of the servicing works set out in this Agreement shall not be deemed to give any assurance that Building Permits,when applied for, will be issued in respect of the lots or blocks shown on the Plan of Subdivision. The Township reserves the right to withhold building permits until the requirements of this Agreement, and all other requirements of all relevant agencies, have been completed to the satisfaction of each agency, and the Township has been notified in 30 Page 162 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... writing of satisfaction of these items by the relevant agency in addition to the completion of commissioning of the water and sewage servicing works for the Plan of Subdivision. The Developer and Township agree that no building permits shall be applied for nor issued by the Township for permitted uses as set out in the Township of Oro-Medonte Zoning By-law 97-95, as amended, until the Township is satisfied that acceptable road access, sanitary sewage and stormwater drainage facilities are available to service the Plan of Subdivision in addition to all other requirements set out in Section 7 herein. Despite the foregoing and despite the provisions of the Building code Act, R.S.O. 1990, c.B.13, the Developer understands and agrees that no building permits will be issued until all of the requirements of this Agreement and specifically this Section, have been met. For the purposes of the Building Code Act, R.S.O. 1990, c.B.13, the Parties hereby agree that the requirements of this Agreement, including specifically this Section, shall constitute"applicable law". Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) The submission of all provincial and municipal approvals. (ii) Sewage system allocation or approval has been obtained and submitted to the Township. (iii) The Certificate of Substantial Completion and Maintenance for the Municipal Servicing Works has been issued by the Township for the water supply and distribution system, sanitary sewer system, storm sewer system, energized street lighting, the road(s) have been constructed up to an including base coarse asphalt, providing access to the lot in accordance with the Township's Development Engineering Policies, Process and Design Standards to the satisfaction of the Township's Engineering Consultant, and the submission of the completed Declaration of Progress and Completion as per Schedule"I"). (iv) The required Composite Utility Plan has been approved by the Township and the underground services such as Bell Telephone, Electricity, Cable TV and Natural Gas have been installed to the property line of the lot. (v) Approval of the Township's Engineering Consultant has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "L" hereto. (vi) Signs denoting "ROAD NOT ASSUMED BY TOWNSHIP—USE AT YOUR OWN RISK" and information as to the SUBDIVISION NAME, DEVELOPER, GENERAL CONTRACTOR and ENGINEERING CONSULTANT have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 3.1.9. (vii) An Engineered Lot Grading Plan has been prepared the Developer's Consulting Engineer acknowledging that the building to be erected on any lot or block within the Plan of Subdivision, for which a Building Permit has been applied for, is in conformity with the Site Grading Plan. In the case where another recognised design professional (P.Eng., OLS, C.E.T.) prepares an Engineered Lot Grading Plan,for which a Building Permit has been applied for, proof of review and affirmation of conformance within the Plan of Subdivision and the Overall Lot Grading Plans by the Developer's Consulting Engineered shall be required. The Engineered Lot Grading Plan shall be approved by the Township and/or Township's Engineering Consultant prior to the issuance of a Building Permit. (viii) Arrangements have been made and approved by the Township for Municipal Address System numbering, as set out in Clause 8.5. 31 Page 163 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... (ix) The Traffic and Street Name signs have been installed and approved by the Township. (x) Payment of Development Charges Fees and other applicable levies. (xi) Certification by the Township and/or Township's Engineering Consultant if the subdivision is being constructed in phases that the preceding stage meets all requirements for occupancy as set out in Clause 5.1. (xii) Payment of lot grading deposit of one thousand dollars ($1000.00) per lot. 7.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced,will be listed on Schedule "L"of this Agreement. Examples of conditions requiring special attention may be, but are not limited to: degree of slope, soils stability, environmental restrictions, waterfrontage, Species at Risk, Engineered Fill, etc. 7.4 CONFORMITY WITH GRADING Prior to issuance of a building permit for any lot on the Plan, an Engineered Lot Grading Plan is required to be approved by the Township in accordance with Section 7.1. The Engineered Lot Grading Plan will indicate the proposed building and lot, municipal address, and elevation of the top of foundation wall and shall be in compliance with the Site Grading Plan for the subdivision. Any variance to the Site Grading Plan by more than 0.15m in elevation must receive approval from the Township. The Developer agrees that each building permit will be issued on the condition that no construction of any building will proceed beyond the completion of the footing and then the foundation wall until the Developer has provided the Township's Chief Building Official with a certificate from the Developer's Consulting Engineer, Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist certifying that the elevation of the underside of the footings and then the top of the constructed foundation wall of the building conforms to the elevation shown on the Individual Site Plan and complies with the Site Grading Plan. Any variance shall require the approval of the Township and/or Township's Engineering Consultant. 7.5 MUNICIPAL ADDRESS SYSTEM The Developer's Consulting Engineer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office and including on the final approved engineering drawings. As a further requirement, in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the aforementioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 7.6 REQUIREMENTS FOR OCCUPANCY 7.6.1 Occupancy Certificate means a report issued to allow occupancy of a building. No buildings erected on the lots or blocks within the Plan shall be occupied until an Occupancy Certificate has been issued by the Township's Building Department in accordance with the Township's Building By-Law and the Ontario Building Code— Division C,Articles 1.3.3.1 and 1.3.3.4 and the Building Code Act II(1). Notwithstanding requirements of the Township's Building By-law and the Ontario Building Code, an Occupancy Certificate shall not be issued until: (i) The requirements for the issuance of a Building Permit—Section 7.2 and the issuance of a Certificate of Substantial Completion and Maintenance— Section 8.1 have been met. 32 Page 164 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... (ii) A driveway culvert(as required) has been provided to the satisfaction of the Township, in accordance with the Township of Oro-Medonte Development Engineering Policies, Process and Design Standards. 7.6.2 Final Inspection means a report issued when all outstanding items on an Occupancy Certificate, including grading, have been completed and there is compliance with the Ontario Building Code. Notwithstanding requirements of the Township's Building By-law and the Ontario Building Code, a Final Inspection Report shall not be issued until: (i) A Lot Grading Certification Letter has been provided by the Developer's Consulting Engineer, or a Professional Engineer, Ontario Land Surveyor or Certified Engineering Technologist, indicating that the final grading of the lot or block for the building constructed, is in conformity with the Engineered Lot Grading Plan or such variance there from has been approved by the Manager, Development Engineering or Township's Engineering Consultant. (ii) Any deficiencies on an Occupancy Certificate have been complied with. It is agreed that a copy of Part 8 shall be delivered by the Developer to each and every builder obtaining a Builder's Permit or any prospective purchaser of the dwelling for any lot or part of a lot on the said Plan. 7.7 REQUIREMENTS FOR WINTER OCCUPANCY Should the Developer require Occupancy between October 1 and April 15, the final lot grading and the application of sod/seed shall be completed by the following September 30 (following year)from Provisional Occupancy. Should the Developer require Occupancy between April 16 and October 1, the final lot grading and the application of sod/seed shall be completed by the following June 30 (following year)from Provisional Occupancy. In addition, if the Final Lot Grading is not completed prior to Occupancy, the Developer's Consulting Engineer shall provide the certification that the lots requesting Occupancy have a base grade, swales, driveway culverts (as required) and all slopes are graded to conform to the Site Grading Plan and minimum engineering design standards. The Developer agrees that if the final lot grading has not been completed within the aforementioned time lines, the Township may immediately proceed to have the final lot grading completed at the Developer's expense. Further, it is agreed by the Developer that the lot grading security deposit will not be reduced until the Township and/or Township's Engineering Consultant is satisfied having received a Letter of Certification for Lot Grading Completion from the Developer's Consulting Engineer, Ontario Land Surveyor(OLS), Professional Engineer(P.Eng.)or Certified Engineering Technologist(C.E.T)and by having completed a site inspection. 7.8 OCCUPANCY LIQUIDATED DAMAGES Notwithstanding the above, if for any reason whatsoever, occupancy of any building occurs before the vital services listed in Clause 7.6 are installed to the home occupied to the satisfaction of the Township's Engineering Consultant, then the Developer agrees to pay to the Township, liquidated damages in the amount of TWO HUNDRED DOLLARS($200.00), per dwelling, per day, to cover the additional costs of administration, inspection and fire protection, etc. The liquidated damages to commence at and include the date of occupancy and end when the Developer obtains a certificate from the Township's Engineering Consultant that the vital services are satisfactorily installed. If the Developer fails to pay to the Township, monies owing 33 Page 165 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... under this clause within thirty(30)days of the date of the bill, the money may be deducted from the cash deposit or Letter of Credit or other deposited security. 34 Page 166 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART-8 SUBSTANTIAL COMPLETION AND MAINTENANCE AND ACCEPTANCE AND FINAL ASSUMPTION OF MUNICIPAL SERVICES 8.1 SUBSTANTIAL COMPLETION and MAINTENANCE OF MUNICIPAL SERVICING WORKS Certificate of Substantial Completion and Maintenance shall mean a Certificate issued by the Township upon the recommendation of the Township's Engineering Consultant confirming the Municipal Servicing Works installed by the Developer under the provisions of this Agreement have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township's Engineering Consultant. The issuance of a Certificate of Substantial Completion and Maintenance shall not constitute an assumption of the Municipal Servicing Works by the Township. Works completed and certified to obtain a Certificate of Substantial Completion and Maintenance shall include (but not limited to)the following: i)Sanitary Sewers, Pumping Stations,Appurtenances and Service Laterals ii)Storm Sewers,Appurtenances, and Stormwater Management Facilities iii)Other Utilities Servicing (Gas, Hydro, Bell, Cable TV, etc.) Iv)Traffic Signage (temporary as applicable) v)Streetlighting (erected and energized) vi)Granular Base Course and Granular Surface Course vii) Base Course Asphalt viii) Roadside Ditches and Shoulders ix)Curbs and Gutters The Township's Engineering Consultant shall issue a Certificate of Substantial Completion and Maintenance of Municipal Services when the Municipal Servicing Works have been inspected and certified as being constructed in accordance with Township Standards and this Agreement. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The minimum two (2)year maintenance period will commence from the date the Township approves the issuance of the Certificate of Acceptance and Maintenance. The Developer shall be responsible for the all maintenance and repairs of the Municipal Servicing Works. Refer to 8.2. The Developer shall also be responsible for the operation costs until the Township has issued a Certificate of Acceptance and Final Assumption for the Municipal Servicing Works Refer to 8.3. 8.2 MAINTENANCE OF MUNICIPAL SERVICING WORKS The Developer will be responsible for the repair and maintenance of all the Municipal Servicing Works for a minimum period of two (2)years from the date the Township approves the Certificate of Substantial Completion and Maintenance. This shall be called the Maintenance Period. During the Maintenance Period, maintenance of the Municipal Servicing Works shall include, but not be limited to: • Maintaining road surfaces, curbing, ditches, sidewalks/trails, fencing, signage and all other above ground Municipal Servicing Works 35 Page 167 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... • Sweeping, flushing and the removal of dirt and debris from road surfaces • Winter Maintenance Operations(snow plowing, sanding, salting, snow removal, etc.)—Refer to Schedule"J" • Maintaining and mowing of grass within the road allowances, as well as the parkland and naturalized areas (as may be required) • Maintaining ALL underground Municipal Servicing Works infrastructure storm sewers, sanitary sewers, water main, etc. • Maintaining street lighting infrastructure including all hydro electricity charges incurred • Maintaining stormwater management facilities and any appurtenances associated with same If, during the Maintenance Period, the Developer fails to carry out maintenance work within forty-eight(48) hours after receipt of notice for the works to be undertaken from the Township, then the Township may, without further notice, arrange for others to undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty(30)days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period,ten percent(10%)of the original estimated cost of the servicing works shall be retained by the Township. Towards the end of the maintenance period, the Developer shall make written request to the Township for a final inspection to be made and notwithstanding the two (2)year period noted above, the maintenance period will continue for the original two (2)years, or for thirty(30)days after the receipt of the Developer's written request for a final inspection, whichever period of time is the greater. Note: Should, over the time of the Maintenance Period, extensive repairs to or replacement of any of the Municipal Servicing Works have been required, the Maintenance Period may be extended to accommodate said repairs or replacement, at the sole discretion of the Township. 8.3 ACCEPTANCE and FINAL ASSUMPTION of MUNICIPAL SERVICES Certificate of Acceptance and Final Assumption shall mean a Certificate issued by the Township upon the recommendation of the Township's Engineering Consultant confirming the ALL of the Municipal Servicing Works (identified in Schedule"G") installed by the Developer under the provisions of this Agreement have been completed in accordance with plans and specifications reviewed and accepted by the Township's Engineering Consultant. Works completed and certified to obtain a Certificate of Substantial Completion and Maintenance shall include (but not limited to)the following: i)All Municipal Servicing Works identified in Section 8.1 and having passed a 2 (two)year maintenance period as per Section 8.2 In addition, the following Municipal Servicing Works shall include and having passed a 2 (two)year maintenance period as per Section 8.2: ii)Surface (Top)Course of Asphalt iii)Asphalt in Driveway Aprons/Driveway Paving iv) Boulevard Grading Topsoil, Sod or Seed v) Fencing of Ponds, Walkways and Perimeter/Boundaries (as applicable) vi) Parkland Grading Topsoil, Sod or Seed and Equipment and Fencing vii) Permanent Signage and Pavement Markings. viii)Sidewalks and Walkways (where applicable) On receipt of the Developer's request for a final inspection of the municipal services, the Township's Engineering Consultant shall undertake an inspection to ensure that the Township will accept the municipal servicing works in accordance with this Agreement for the subdivision or for a particular phase. (The Surface Lift of Asphalt for 36 Page 168 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... the subdivision roads shall not be placed until 70% (seventy per cent) of the lots have completed dwellings and have been issued a Certificate of Final Occupancy). Should the Township's Engineering Consultant be satisfied, the Director of Development Services will recommend to the Township that the Municipal Servicing Works be Accepted and that the Council of the Township pass the appropriate by-law to Assume ALL of the Municipal Servicing Works included within this agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for or take over any of the subdivision servicing works until at least seventy per cent(70%) of the lots on the subdivision or phase of the subdivision have completed dwellings erected and therein and the Certificate(s)of Final Occupancy have been issued. Note: Security for all Landscaping Works shall be held by the Township for twelve (12)additional months following the issuance of the Certificate of Final Acceptance and Assumption. 8.4 REPLACEMENT OF SURVEY BARS Prior to the final assumption of the subdivision by the Township, the Developer agrees to supply a statement from an Ontario Land Surveyor approved by the Township that after the completion of the subdivision work, he has found or replaced all survey monuments, standard iron bars and iron bars shown on the registered plan. The statement must be dated within two months of the date of acceptance. 8.5 RELEASE OF LAND The Developer, when not in default of the Subdivision Agreement to provide the requisite public services to the lands, shall be entitled to an effective release in a form suitable for registration in the Land Registry Office for each lot or block, which is in conformity with the overall Grading Plan for the lands or such variance there from as has been approved by the Township's Engineering Consultant. Every such release shall operate as a discharge of all levies hereunder by the Township in respect to each lot or block described in the release, with the exception of the responsibility for drainage as outlined in Clause 8.6 and the completion and maintenance of the services. 8.6 DRAINAGE—RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT OWNERS It is understood and agreed that the drainage of surface waters upon and from the said lands shall remain the sole responsibility of the Developer and once assumed the subsequent owners,from time to time, of the lots or blocks within the Plan of Subdivision. The Developer and then subsequent owners of the lots or blocks within the Plan of Subdivision,from time to time, shall provide and maintain adequate drainage of surface waters across and from the said lands in accordance with the provisions of Clause 6.17 of this Subdivision Agreement. The Developer agrees to provide a copy of Clause 6.17 to each and every prospective builder/prospective purchaser of a lot or block within the Plan of Subdivision. The Developer and then subsequent owners,from time to time, of any lot or block within the Plan of Subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the Developer and then subsequent lot owner(s). Any invoices not paid within thirty(30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes as per Section 446 of the Municipal Act, 2001. 37 Page 169 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... PART-9 DEFAULT PROVISIONS 9.1 RIGHT TO REALIZE UPON ANY SECURITIES Notwithstanding anything herein before contained in this Subdivision Agreement,and in addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement,the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 4.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building Permits and/or the Certificate of Final Occupancy, and the Developer agrees not to apply for any Building Permits or the Certificate of Final Occupancy for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 9.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 9.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province, Township of Oro-Medonte or other public body,such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change or policy of the Provincial Government or of the Township. 9.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement,together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 446 of the Municipal Act, 2001. 38 Page 170 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED,SEALED AND DELIVERED this 28th day of April, 2021. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per Per H. S. Hughes Y.Aubichon Title Mayor Title Clerk 1157391 ONTARI O INC. Per Wayne Ezekiel Title President 39 Page 171 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being composed of the whole of the lands described as follows: PART OF LOT 16 CONCESSION 11 ORO PART 1 PLAN 51R-41100; TOWNSHIP OF ORO-MEDONTE; COUNTY OF SIMCOE, PIN 58547-0168(LT) 40 Page 172 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. PLAN OF SUBDIVISION 51 M- Lots 1-10 Block 11 41 Page 173 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO 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. The consideration for all conveyances shall be the sum of TWO DOLLARS($2.00)and the cost of preparation, execution and registration thereof, shall be borne by the Developer. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easements shall be conveyed: • Block 11 to be deeded to the Township of Oro-Medonte as stormwater management pond block. • The 6.0 metre easement over Lots 4, 5, 6, 7 and 8, Plan 51 M- ; to be granted to the Township of Oro-Medonte for storm drainage works installation and maintenance purposes. Refer to Parts 1, 2, 3, 4, and 5 of Plan 51 R- 42 Page 174 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per-lot basis prior to the issuance of a Building Permit for each lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with the Township of Oro-Medonte's By-Law at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please also be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education;for the Simcoe County District School Board, the Superintendent of Facility Services; and in the case of the County of Simcoe, the County Clerk. Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development Charges Act, 1997 and Section 257.53 of the Education Act, R.S.O. 1990, c.E.2, may be amended or superseded by subsequent By-Laws enacted in accordance with the respective legislation. (iv) Development Charges in accordance with the County of Simcoe's By-law at the rate applicable, upon the issuance of the first building permit for each lot upon which charges are payable. 43 Page 175 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. SUBDIVISION AGREEMENT-STANDARD TOWNSHIP LETTER OF CREDIT (IRREVOCABLE) DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ Except as otherwise expressly stated,this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits(1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 148 Line 7 South,Oro-Medonte, Ontario, LOL 2E0 We hereby authorize you to draw on the Bank of Ontario, ,for the account of , up to an aggregate amount of ($$$$$$$$) which is available on demand. Pursuant to the request of our said customer, we,the Bank of , Ontario, hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount,which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of , Ontario, . The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte,with Mortgage Company, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced from time to time,as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year,from the present or any future expiration date hereof, unless at least thirty(30)days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at Ontario,this day of 2021. Authorized Signature Authorized Signature Bank of 44 Page 176 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. PARKLAND DEDICATION/CASH IN LIEU Cash In Lieu $20,000 45 Page 177 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. SERVICING WORKS TO BE CONSTRUCTED Construction of storm sewers and appurtenances,watermains and appurtenances, including service connections, all road works, including curbs and gutters in accordance with the approved Engineering Drawings to service the East Oro Estates subdivision (1157391 Ontario Inc.) in the Township of Oro-Medonte. LIST OF DRAWINGS Description Drawing No. TITLE PAGE/LIST OF DRAWINGS Draft 51 M- Plan Draft Reference Plans 51 R- General Servicing Plan GEN Site Grading Plan SGR Plan & Profile 1 —Eagle Way Court A STA: 0+000-0+230 PP1 Plan & Profile 2—Storm outlet STA:0+000-0+129 PP2 Stormwater Management Facility Plan SWM Erosion & Sediment Control Plan ESC Detail Sheet 1 DS1 Hydro One 00325-19-225 Electrical Layout Drawing E1 Photometrics E2 Electrical Details E3 Lighting Details E4 Arborist Plan ARB-1 Arborist Plan ARB-2 Arborist Plan ARB-3 Overall Landscape Plan LP-1 Details D-1 Details D-2 Note: The aforementioned drawings were stamped "Accepted for Construction" by the Township's Engineering Consultant on February 2, 2021. 46 Page 178 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "H" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. ITEMIZED COST ESTIMATE OF SERVICING WORKS: The following list summarizes the cost estimate of the major servicing works but is not necessarily inclusive: Original A) Removals $500.00 B) Stormwater Drainage System $102,770.30 C) Erosion&Sediment Control/Earthworks $72,619.00 D) Road &Surface Works $148,963.40 E) Landscaping $16,464.10 SUB-TOTAL $341,316.80 10%Allowance for Engineering and Supervision $32,485.27 13% HST $46,453.94 TOTAL COST $420,256.01 LETTER OF CREDIT REQUIRED FOR SUBDIVISION AGREEMENT TOTAL SECURITIES FOR SUBDIVISION AGREEMENT $420,256.01 less CURRENT PRE-SERVICING SECURITIES $126,800.00 ADDITIONAL SECURITIES TO BE POSTED $293,456.01 47 Page 179 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "H" (continued) NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. LETTER OF CREDIT SUMMARY Page 1 of 2 WMI B Associates Limited 119 Collier Street,Barrie.Ontario L4M 1H5 East Oro Estates p(705)797-2027 f(705)797-2028 Township of Oro-Medonte Project East Oro Estates Project No.: 18471 Estimate for Securities Dale: Jan 2721 Prepared By:AW Reviewed By:SM Owner: Contract Administrator Contractor A.N.T.Homes WMI&Associates Ltd. (WMI Cost Estimate) Item Description Estimated Unrt Unrt Price Total No Quantity Section A-Removals 1 Ex.450mm culvert entrance culvert 1 LS S 500.00 S 500.00 Section A Total: S 500.00 Section B-Stormwater Drainage System 1 Supply&install storm sewers a)300mm 0 mainline pipe 4.8 in $ 165.00 $ 792.00 b)375mm 0 mainline pipe 73.8 in S 185.00 $ 13,653.00 c)450mm 0 mainline pipe 3-6 in $ 255.00 $ 918.00 2 Supply&instal storm structures a)600mm x 600mm standard catch basin 1 ea. S !,801 $ 1,800.00 b)600mm x 600mm ditch nlet catch basin 1 ea- $ 1'800.00 $ 1.800.00 c)1200mm 0 manhole 2 ea. S 4,900.00 $ 9.800.00 3 Supply&instal 150mm 0 subdrain(excluding Eagle Way Court ROW ditch subdram) 563 m $ 1900. $ 10 B97 00 4 Supply&instal driveway and road crossing culverts a)300mm 0 4 ea. $ 1,500.00 $ 6.000.00 b)450mm 0 8 ea. S I'850.00 $ 14,800.00 c)525mm 0 1 ea. $ 2,200.00 S 2,200.00 d)600mm 0 1 ea. S 2,500-00 S 2.500.00 5 Supply&instal drainage blanket below SWM pond a)500mm deep sand&gravel(Ow fitter fabric) 167.1 m2 $ 35.00 $ 5.848.50 b)150mm subdram 72-8 m S 19.00 $ 1,383.20 6 Complete SWM facility work a)Excavation&fine grading(Ind weirs,berms.Swale,etc.) 1 LS S 15,000.00 S 15,000.00 b)Hydro seed pond 1250 $ 1,70 $ 2.125,00 7 Supply&instal no rap(ctw flier cloth underlay) 110 m' $ 45.00 S 4.9W 00 8 Construct&fine grade drainage swales a)400mm deep enhanced grass swale 254 in $ 15.001 S 3.810,00 b)150mm deep lot line swale 261 m $ 11.00 1 S 2,871.00 c)80mm deep SWM facilityoutlet Swale(cAv 300mm gmnular'A') 70.1 m° $ 26.00 $ 1,822.60 Section B Total: $ 102.770.30 11WM45ERVERbmi ,,r%DablPmjects12018118471tCon,wa nLLattw_of_Gmdd Estirrte 10127Becumy_Esttlsx 48 Page 180 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "His (continued) NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. LETTER OF CREDIT SUMMARY Page_o_ WMI&Associates Limited 119 Collier Street,Barrie,Ontario LQM 1H5 East Oro Estates p f705)797-2027 f(705)797-2028 Township of Oro#ledonte Project: East Om Estates Pro"No 18471 Estimate for Securities Data Jan 27121 Prepared By:AW Revers—d By SM Owner: Contrar.Admin rstrator: Canaactor. A N T Homes WMI&Associates Ltd. (WMI Cost Estimate) Item Descnptan Estimated Unit Unit Price Total No. Quantity Section C-Erosion and Sediment Control/Earthworks 1 Supply.Install&mamas,sediment&erosion controls a)Mud Mat 1 ea. $ 2.350.00 $ 2,350.00 D)Sit Fence 1 LS $ 7.500.00 f 7.500.00 c)Rock lbw checlk dams 6 ea. i 400-00 S 2.400.00 d)Straw bale check dams 13 ea. S 50.00 S 850.0C Topsoil stripping(approx.0.25m depth)(ROW&SWM Pond) 8812 m S 3.75 S 24.795.00 3 Cut to ri-(ROW&SWM pond)-excluding building footprints 372 ms S 7-00 S 2.8D4.00 4 Earth cut&stockpile ons4e(ROW&SWM pond) 2515 ms S 5.50 S 13.832-50 5 Subgrade&boulevard preparation.fine grading(ROW) 4930 .21S 3J5 S 18.487.50 Section C Total: S 72,619.00 Section D-Road&Surface Works 1 Supply.place&compact mud mamnals a)40mm HL4 surface asphak 2063 m $ 11.00 S 22.803.00 b)50mm HLB base asphab 2083 m2 $ 12.50 S 25.787.5C c)15111mm granular•A'(base) 2003 m $ 9.50 $ 10.508.5C d)30Dmm Granular'B'(subbase) 2510 m $ 11.00 $ 27.810.00 2 Supply and install subdran(wNnan Eagle Way Court) 470 in i 19.00 $ 5.230.0C LaMscaped Boulevard&fine grade Eagle Way Court ditch-Topsoi and Sod (minimum 150mm topsoil depin) 2400 m $ 7.50 $ 78.000.00 4 Supply&install SWM faculty maintenance Access Road 338.2 m2 S 12-00 S 4,034.4C 5 Streets gnage 2 es. $ 450-00 S QD0.0C e Street Lights a)Supply and�nsan street Ightlg cable plus ground 230 didi 12.25 $ 2.817.5C b)Suppy,and insta 53mm street Ighting conduit. 230 m $ 725 f 1.667.5C c1 Supply and ns :power pedestal wrth concrete base arid groundi g. 1 H $ 3 925.00 S 3.25.00 d I Suppy and insta street Ight including pole.LED luminaires.fusng and terms atior s. 4 ea S 3250.00 S 13.000.00 Section D Tod: f 148,963-40 Sub Total: $ 324.852.7C Continency(10%) S 32,485.27 HST(13%) S 40.453.94 Total Cost f 403 791.91 NOTE:PRE-SERVICING SECURITY AMOUNT POSTED$126.800.00 (THIS IS NOT INCLUDED IN ABOVE) '�•WMIv ERVER'•wmHerverDaa'DnJetli'201E'tE>;rDonslruetlanLLeGer_N_Credit_Es4maLLa'210n2]_Searly_E0.pu 49 Page 181 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "H" (continued) NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. LETTER OF CREDIT SUMMARY The following estimate will vary according to location,available quantities,labour and market prices at time of order: Oty I Botanical Name Common Name Size Condition Installed Total Cost mm cal/ht CosUUnit Trees 5 Acer rubrum Red Maple 50mm cal WB $530.00 $ 2,650.00 5 Acersaccharum Sugar Maple 50mm cal WB $470.00 $ 2,350.00 3 Betula papyrifera Paper Birch 50mm cal WB $340.00 $ 1,020.00 5 Gleditsia tricanthos var inermis Shademaster 50mm cal WB $490.00 M4,3OO.00 `Shademaster' Hone locust 10 Ost a Vi iniana Ironwood 50mm cal WB $430.00 3 Picea /auca White S ruce 2m ht WB $320.00 Subtotal Shrubs 7 Amelanchier canadensis Serviceber 60cm ht 3 al t $ 20.00 10 Cornus sericea Red Osier Do wood 60cm ht 3 al t $ 20.00 . 10 Taxus canadensis I Canadian Yew 60cm ht 3 gal pot $ 50.00 $ 500.00 Subtotal $ 840.00 Plant Material Subtotal $14 570.00 Sod/Seed Storm and seed OSC-Simcoe County Mix by h droseed method as secured by Engineer cost estimate Boulevard seed(Kentucky Blue Grass/Fescue Mix by OSC by h droseed method as specified/secured in Sod/Seed Subtotal Total Cost Plant Material,Sod/Seed $14 570.00 HST @ 13% $ 1894.10 Total $16 464.10 (amounts subject to rounding) 50 Page 182 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "I" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. DECLARATION OF PROGRESS AND COMPLETION SUBDIVISION: EAST ORO ESTATES DEVELOPER: 1157391 ONTARIO INC. CONSULTING ENGINEER: WMI &ASSOCIATES LIMITED As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE AND 1157391 ONTARIO INC. The Developer(s)dated April 28, 2021 1. The Developer hereby agrees and undertakes to complete the construction of the Municipal Servicing Works as required by the above-mentioned Agreement in accordance with the time schedule for the completion of services as approved by the Township's Engineering Consultant and more specifically in accordance with the following schedule and conditions: Note: Before any building erected on the lots or blocks in the Plan are occupied all the Requirements for Occupancy, as set out in Clause 8.5, shall be complied with. On or Before a) Sanitary Sewers and Lateral Service Connections N/A b) Stormwater Management Pond June 25, 2021 c) Storm Sewers/Ditches/Basins June 25, 2021 d) Road Base-Granular"B" and Granular"A" July 5, 2021 e) Base Lift of Asphalt on or before July 30, 2021 f) Installation and Energization of Streetlighting July 30, 2021 g) Black Vinyl Chain Link Fencing_September 24, 2021 h) Landscaping/Street Trees October 22, 2021 2. The Developer further agrees that the Township is hereby authorized to carry out, at his expense, any of the work set out in this Declaration not finished on or before the completion dates, to be commenced not sooner than one week following such completion date, it being understood and agreed that the Township's authorization is limited only to that work required under the Declaration; 3. The Developer further agrees to shall apply calcium or other Ministry of the Environment, Conservation and Parks approved dust suppressant to those roads within the subdivision and/or utilized by construction traffic, that have not had asphalt surfaces applied, in quantities sufficient to prevent any dust problem to traffic or home 51 Page 183 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... occupants, and further to undertake water flushing and mechanical sweeping and cleaning to those roads within the subdivision and/or utilized by construction traffic, that have had asphalt surfaces applied, sufficient to prevent any dust problem or mud tracking to traffic or home occupants, to the satisfaction of the Township until the Certificate of Final Acceptance and Assumption has been issued. 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by the Developer within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20%for overhead. 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated, and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of TWO HUNDRED DOLLARS($200.00)for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. 1157391 O NTARI O INC. Per Wayne Ezekiel Title President Seal or Witness Date 52 Page 184 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. WINTER ROAD MAINTENANCE It is agreed by the Developer that there shall be NO exception to the liability borne by the Developer to provide ALL road surface maintenance until the issuance of the Certificate Acceptance and Final Assumption including (but not limited to)Winter Road Maintenance. Refer to Part 8 of this Agreement It is agreed by the Developer that Winter Road Maintenance shall include; snow plowing, sanding, salting, snow removal and any other winter maintenance operations, undertaken in a time frame and of the appropriate service level to assure safe vehicular operation within the subdivision. It is agreed by the Developer that Winter Road Maintenance shall only be carried out by the Township's Operations and Community Services Department at times deemed by the Township to be an emergency. The Developer also agrees that ALL costs of such work shall be paid by the Developer within thirty(30)days of the date of billing or otherwise may be deducted from the cash deposit or Letter of Credit. It is agreed by the Developer that should damage or interference with the municipal servicing works of the Developer by the Township undertaking emergency winter road maintenance, the Developer will make no claims against the Township for such interference or damage, providing the work is carried out in a normal and reasonable manner. It is agreed by the Developer that emergency winter control operations shall not prejudice the Township's rights to enforce the maintenance provisions and Substantial Completion and Maintenance or Final Acceptance and Assumption provisions in this agreement. 1157391 ONTARIO INC. Per Wayne Ezekiel Title President Seal or Witness Date 53 Page 185 of 187 17.a) 2021-051 : A By-law to Authorize the Execution of a Subdivision Agr... SCHEDULE "K" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND 1157391 ONTARIO INC. LIST OF LOTS REQUIRING SPECIAL ATTENTION a) Refer to Section 7.2 which outlines specific requirements for all lots on the Plan in order to obtain Building permits for each and every lot. 54 Page 186 of 187 19.a) 2021-054: Being a by-law to confirm the proceedings of the Council... The Corporation of the Township of Oro-Medonte By-Law No. 2021-054 Being a By-Law to Confirm the Proceedings of the Council Meeting held on Wednesday,April 28, 2021 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,April 28, 2021, 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. 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. By-Law Read a First, Second and Third time, and Passed this 28th day of April, 2021. The Corporation of the Township of Oro-Medonte 'X'i Mayor, H.S. Hughes Clerk,Yvonne Aubichon Page 187 of 187