02 05 2003 Council Agenda
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TOWNSHIP OF ORO-MEDONTE
COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, FEBRUARY 5, 2003
TIME: 7:00 P.M.
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1. OPENING OF MEETING BY THE MAYOR
2. PRA YERlCONTEMPLA TION/REFLECTION
3. NOTICE OF ADDITIONS:
4. ADOPTION OF AGENDA:
5. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
6. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Council Meeting of January 15, 2003.
7. RECOGNITION OF ACHIEVEMENTS:
a) Congratulations to Mr. Mike Diver, CBCO, on being elected Chairman of the
Simcoe County Chapter of the OBOA.
8. PUBLIC MEETINGS:
a) 7:00 p.m.
Public Meeting re: Concession 9, North Part of Lot 15
(formerly within the Township of Medonte), File P-138/02.
9. DEPUTATIONS:
a) 7:15 p.m.
Ms. Beth Bashford re: request for playground equipment at
Sugarbush.
b) 7:25 p.m.
Dr. Andrea Woloszczuk and Ms. Barbara Woloszczuk re:
parklands in Plan 709.
10. CONSENT AGENDA CORRESPONDENCE:
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a) Oro-Medonte History Committee, card of thanks re: flood clean-up (available
in Clerk's office for information).
b) Lake Simcoe Regional Airport Commission, minutes of December 19,2002
meeting.
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c) Simcoe County District School Board, highlights of January 22, 2003 meeting.
d) Orillia Public Library Board, minutes of December 17,2002 meeting.
e) Lake Simcoe Region Conservation Authority, minutes of December 13,2002
meeting.
f) Township of Springwater, Notice of Re-scheduling of Public Meeting,
February 17,2003, and 7:30 p.m. re: "Mertz Subdivision".
g) County of Simcoe, Notice of Decision re: Squires, Pt. Lot 7, Conc. 7, (former
Township of Oro)
11. MOTIONS FOR WHICH NOTICE HAS BEEN GIVEN:
12. REPORTS OF MUNICIPAL OFFICERS:
a) Report No. EES2003-06, Keith Mathieson, Director of Engineering and
Environmental Services, re: Laurel View Homes (HV) Inc. Subdivision
Agreement.
b) Report No. PD2003-04, Andria Leigh, Senior Planner, re: Final Approval of
Laurel View Homes (Phase 1) 43-0M-20001 , Concession 4, Part of Lots 3
and 4 (Ora), Development Application P-126/01.
c) Report No. PD2003-03, Andria Leigh, Senior Planner, re: OMB Hearing,
Hillway Equipment Ltd.
d) Report No. PD2003-05, Andria Leigh, Senior Planner, re: Deeming By-law for
Concession 1, Plan M-726, Lots 11 and 12 (Oro), Deeming Application D-
1/03.
e) Report No. EES2003-05, Keith Mathieson, Director of Engineering and
Environmental Services, re: Sewer Agreement between the Township of Ora-
Medonte and American Water Services Canada Corp.
f) Report No. EES2003-07, Keith Mathieson, Director of Engineering and
Environmental Services, re: BestPra Corporation, Amended Subdivision
Agreement.
g) Marilyn Pennycook, Clerk, discussion re: start time of Committee of the Whole
meeting of February 26,2003 (ROMAlOGRA Conference) - start at 1 :00 p.m.
a) Minutes of the Committee of the Whole meeting, January 22,2003.
13. REPORTS OF COMMITTEES:
b) Minutes of the Oro-Medonte Planning Advisory Committee meeting, January
21, 2003.
14. COMMUNICATIONS:
a) Ministry of Culture, correspondence re: Public Library Operating Grant
Program 2002.
c) Meridian Planning Consultants Inc., correspondence to OMB re: Buffalo
Springs Draft Approved Plan of Subdivision.
15. IN-CAMERA:
a) Jennifer Zieleniewski, CAO, verbal re: Personnel Matter (Records
Management Co-ordinator).
b) Marilyn Pennycook, Clerk, re: Property Matter (Reive) - circulated with
agenda package under separate cover).
c) Jennifer Zieleniewski, CAO, re: Personnel Matter (Recreation Advisory
Committee ).
d) Jennifer Zieleniewski, CAO, re: Legal Matter (Big Cedar correspondence).
e) Jennifer Zieleniewski, CAO, verbal re: Personnel Matter (Trail Advisory
Committee ).
16. BY-LAWS:
a) By-law No. 2003-003
Being a by-law to rezone Part of Lot 1 and 2,
Concession 2, Township of Oro-Medonte
(formerly Township of Oro), County of Simcoe
(Porter/Bell).
b) By-law No. 2003-004
Being a by-law to rezone Concession 1, Part of
Lot 1, RP 51R-12429, Part 1, Township ofOro-
Medonte (formerly Township of Orillia), County
of Simcoe (1500494 Ontario Inc - Meier).
c) By-law No. 2003-006
Being a by-law to deem certain Plans of
Subdivision or parts thereof not to be
Registered Plans of Subdivision within the
meaning of the Planning Act R.S.O. 1990
c.P.13, as amended.
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17. CONFIRMATION BY.LAW NO. 2003-005.
18. QUESTIONS AND ANNOUNCEMENTS:
19. ADJOURNMENT:
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ADDENDUM
COUNCIL MEETING
Wednesday, February 5, 2003
7. RECOGNITION OF ACHIEVEMENTS:
b) Appreciation to group responsible for the design of the new Chain of Office: Tim
Crawford, Loreen Lucas, Meryl Drake and Councillor Ruth Fountain.
10. CONSENT AGENDA CORRESPONDENCE:
h) Card of thanks to Council, staff and friends from Shirley Bell for retirement
celebration.
14. COMMUNICATIONS:
c) Icebound Productions (MUSE) Inc., correspondence re: proposed filming at Oro-
Medonte Memorial Park.
15. IN-CAMERA:
f) Confidential Report No. ADM2003-011 , Jennifer Zieleniewski, CAO, re: Personnel
Matter (Records Management).
g) Jennifer Zieleniewski, CAO, re: Legal Matter (Shanty Bay, Line 2).
16. BY-LAWS
d) By-law No. 2003-007
Being a By-law to authorize the execution of a Sewer
Responsibility Agreement between the Township of
Oro-Medonte and American Water Services Canada
Corp.
e) By-law No. 2003-008
Being a By-law to amend By-law No. 2002-132 to
impose a Water Rate upon owners of land deriving a
benefit from the private Moonstone Water Works
System Corporation, transferred to the Robincrest
Water System.
f) By-law No. 2003-009
Being a By-law to authorize the execution of a
Subdivision Agreement between the Corporation of
the Township of Oro-Medonte and Laurel View
Homes (HV) Inc.
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g) By-law No. 2003-010
Being a By-law to authorize the execution of a
Memorandum of Understanding between the
Township of Oro-Medonte and The Lake Simcoe
Region Conservation Authority.
h) By-law No. 2003-011
Being a By-law to authorize the execution of a
Subdivision Amending Agreement between The
Corporation of the Township of Oro-Medonte and
Bestpro Corporation.
1 a-)
MEMORANDUM
DATE:
January 31, 2003
TO:
Mike Diver, CBCO
FROM:
Jennifer Zieleniewski, CAO
Dear Mike,
At a recent Department Head's meeting it was reported that you have received the
distinction of being elected Chairman ofthe Simcoe County Chapter of the OBOA.
This is indeed an honour, both for yourself and for the Township and shows the respect
of your peers for your knowledge and judgment.
I will be making Council aware of your accomplishment on February 5, 2003 and I am
sure they will join both staff and myself in congratulating you on being elected Chair.
Thank you for your admirable representation of the Township within your Association.
Sincerely,
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NOTICE OF PUBLIC MEETING
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4.
FOR PROPOSED AMENDMENT
TO THE ZONING BY-LAW OF
THE TOWNSmp OF ORO-MEDONTE
P-138/02
/
TAKE NOTICE that the Council of the Corporation of the Township of Oro-Medonte will hold a Public
Meeting on Wednesday, February 5, 2003 at 7:00 p.m. in the Municipal Council Chambers. The purpose
of the public meeting is to obtain public comments on a proposed amendment to the Zoning By-law under
Section 34 of the Planning Act, R.S.O. 1990 c. P. 13.
THE PROPOSED Zoning By-law Amendment would rezone the lands described as Concession 9, North
Part of Lot 15 (formerly within the Township of Medonte). The subject lands are proposed to be rezoned
from the AgriculturaIlRural (AIRU) Zone with Exception 15 (*15) and Environmental Protection One (EP)
to the Residential One (Rl) and Environmental Protection (EP) Zone. The purpose of the amendment is
. required for a condition of consent for a total of nine residential lots within the Moonstone settlement area.
A KEY MAP for File P~ 138/02 is provided below.
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support
of or in opposition to the proposed Zoning By-law Amendment. If a person or public body that files an
appeal of a decision of the Township of Oro-Medonte in respect of the proposed Zoning By-law Amendment
does not make oral submission at the public meeting or make written submissions to the Township before
the proposed Zoning By-law Amendment is adopted, the Ontario Municipal Board may dismiss all or part of
the appeal.
ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for
inspection between 8:30 a.m. and 4:30 p.m. at the Township of Oro-Medonte Administration Building.
DATED at the Township of Oro-Medonte this 14th day of January, 2003.
2k.~~.. 'r;.J
Marl Pen cook, Clerk
Township of Oro-Medonte
P.O. Box 100, Oro, Ontario LOL 2XO
(705) 487-2171
LEGEND
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SUIIJECT
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PRDTECTION ONE ([P) TD THE RESIDENTIAL DNE <RI) AND
ENVIRDNHENT AL PROTECTION <EP) ztINE
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TOWNSffiP OF ORO-MEDONTE
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From:
Sent:
To:
Cc:
Subject:
arilyn Pennycook
Monday, January 27,20034:39 PM
'EKBINOFFICE@aol.com'
Chris Carter
RE: Sugarbush park - deputation for council
Ms.Bashford,
This will confirm that your name has been added to the agenda as a deputation to Council on
February 5, 2003. The meeting begins at 7:00 p.m. There is a public meeting at 7:00 p.m. and
your deputation will be heard immediately following. If you have any written material, it would be
appreciated if you could bring 9 copies for distribution to Council.
Thank you
Marilyn Pennycook, Clerk
-----Original Message-----
park - deputation for council
Hello Marilyn, my name is Beth Bashford. April Clark suggested I write to you to request or
confirm the date of February 5,2003, for deputation for council. It is also my understanding that
Chris Carter suggested we seek deputation for council as soon as possible.
I was the person who had sent the original letter requesting a playground for the Sugarbush
community_
After gathering numerous signatures in favour of this proposal, it became quite apparent that
there are many families in this community that see a need for a playground.
Please advise if this date meets with your approval, and if there is any further information needed.
Also, I was not informed of a specific time for the meeting, so perhaps you might let me know this
as well.
Truly,
Beth Bashford
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Committee of the Whole May 22, 2002
b)
Beth Bashford, re: Community park/playground in Sugarbush.
Motion No. CW - 5
Moved by Dickie, Seconded by Hough
It is recommended that correspondence from Ms Beth Bashford re: Community
park/playground in Sugarbush be received and referred to staff for a report.
Carried.
c) County of Simcoe re: Municipal Waste Minimization Award.
Motion No. CW - 6
Moved by Hough, Seconded by Dickie
It is recommended that the correspondence received from the County of Simcoe re:
Municipal Waste Minimization Award - Recycling Council of Canada be received.
Carried.
6. FINANCE, ADMINISTRATION AND FIRE:
a) Draft Lake Simcoe Regional Airport Agreement of Purchase and Sale (for
information ).
Motion No. CW - 7
Moved by Marshall, Seconded by Hughes
It is recommended that the draft Lake Simcoe Regional Airport Agreement of
Purchase and Sale be received for information.
Carried.
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· - It ,..~' ~i '~~ ~ .. s.\pt~mber~2, 2002'
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Dear Mayor Nei\traig '8ndcounselmembers, , " ' .. :~.... c~ .,'. ) "
lust a' lit.tle update \\(i1'i,regards to tbe ..Jetter mailed to you, earlier fbisyear I)y Mrs. Beth
Basbford :dated May t~ 2~. ' , , ..' . .; , "
I bave sipcejoined Betb's crusade to build a playground in our 'Yondgful community of ,
Sugarbush. We have-.rallied a great deal of support froQl other parenlWvittiin the.coJ,Dmunity and :" "
to date'we have implemented a few ideas to determine suplJOrtlrom tbe otber membe~ of the
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"';:;~~Ple; we have 1/ ~iti~~..~~t C",,~9~~Dq1IISt~r~ ~nd ~rai!\h,.....~FoodI1UJ;. On ,
'jt, we:ha)'e statedourfutureid~(t(a J)1~ygr~und and <<=ommunity park~iigja;nstructed within -.1.
:,'~n~rb1iStill(or'1\heenj:Yfue.rt olooren,tire community: We are also in tbeproceSs olDin,iUnl! out aD
'invitation to.sign these petitions at either location along with a sm.~U explanation 'of our drea~" .~
T""iS mail out:ha~ ~~n fundea entirely by tbe group ~f pare~1s previously mention and they were
an..,~re~an. ".sppy tG C()nt~ibute. At last~heck,tbese petitions are ~e~igned wiIJinglybYlnttny
fa,UlIhes wJtbi"n the C()mmuDJty~: .',~' . "r , .. 1.1
We bave since. found out tb~t the Townsbip actually owns a sman piece ofJand located at the
~Dtrance of Sugarbusb which~ ifJ'easible would be an awesome place for th~ pl~yground an!l would /
also prevept the NIMBY syn'drome wbich so otie'b affects communitiessucB as ours. '
" . ~ ~
.. We bave also witnessed a large bit of groWth directly. behind Sugarbusb over the pa'st month...
We.are now awar~Jhat an.Qt~er subdivision will be const~ct'ed wet-tbe ..ext yeat; Maybe the'
.;Township 'Jill acquire some land in this ardAts weD? . ...'. '. .
.. I guess ~n onlybope tbat as Sugarbusb fills with children, tbeir needs win be considered as
~ well as wbat is best for t~e Township ofOr6-Medonte. A~ present, two scbool buses enter "
Sug;8~bush&mpty and leave ~Jtnost fun beading to Gutbrie Public Scbool. Anot~r bus also picks""
"'up a,great number of students hea"dingto Saint~?nica's. Those nombers dFe should speak
volumC\ to 'tie need in our area. It 'would be so,. nice to dosometbin2 in Or;'~edoDte instead of
'alwavs'SuPDOrtin2 BarneorOriUia's ecoDomv.'~ ".
.' '. T,he cbildren are oor futurl !-IDd a small addition such as a parkand playgrOJlnd would certainly,...,
do wond~rs to enc-ourage their growtb in so may areas. Socially, ~motiQnaUy and physically are ." y .~ ~
~;on~y. a.le'" of ire areas as well as the.:numerous bene~ts to the parents and. gua~~ia.~ oftbese
children;. . " .. ~ ., ., . ~ _'.~ " , , .
As tbe Winter montbS":H)DrOa~ij.we will continueoor"visions in tbe bopes of I!atherinl!.suooort
for tbis very ,*ortbwbile cause. We sincerelv bGPe that vou wi)) also keeo tbe faces of these small
cbildren in your minds and alJow their smiles' an'd 2.i21!Ies to be vo"UF 2uide wben considerin,z' "tbe
next step," for tbe SU2arbusJJ area. . ' '~
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This letter is written witb an sincerity on behalf of the parents, ~
''guardians, and cbirdr~n living w-itbin tbe cOD\munity of S~garbush.
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MINUTES OF A MEETING
of
THE LAKE SIMCOE REGIONAL AIRPORT COMMISSION
HELD ON THURSDAY DECEMBER 19, 2002
AT WEBER'S DOWNTOWNER, ORILLlA
In Attendance:
Commissioners: W. Dickie
W. Gardy
G. Fernandes
R.Hough
L. Leach
M. Ramsay
, F. Smith. .
. S. Trotter (arrived late) .
Regrets: M. Childs
Staff: W. McArthur, City of Barrie
M. Drumm, APM
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CALL TO ORDER
. .
. The-meeting came to order at 6:00 p.m. hi a private conference room at Weber's Downtowner
Restaurant in Grillia and was ch(;!ired by W. Dickie.
1.0 MINUTES OF THE NOVEMBER21, 200~ COMMISSION MEETING
MOTION: Moved by L. Leach, seconded by M. Ramsay.
2002-AC-67 "THAT, the minutes of the Nov~mber 21,2002. Commission meeting,
be approved."
Carried.
CONFIDENTIAL MINUTES OF THE NOVEMBER 21.2002 COMMISSION MEETING
MOTION:
Moved by F. Smith, seconded by L. Leach.
2002-AC-68 "THAT,. the confidential minutes of the November 21, 2002
Commfssion meeting, be approved.."
Carried.
. 2.0 BUSINESS ARISING FROM THE MINUTES
No new business was discussed.
3.0 PROPERTIES & COMMERCIAL DEVELOPMENT COMMITTEE
i) As a result of a confidential property matter, the following motion was passed.
MOTION:
Moved by M. Ramsay, seconded by L. Leach.
2002-AC-69
A.
"THAT, the Lake Simcoe Regional Airport Commission
meeting move into camera at 6:10p.m. to discuss a
confidential property matter."
) ~ :;}-.--,/
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Carried.
MOTION: Moved by M. Ramsay. seconded by L. Leach.
2002-AC-70 "THAT, the Lake Simcoe Regional Airport Commission
meeting move out of camera at 6:20 p.m."
Carried.
ii) W. Dickie reviewed that the originally scheduled meeting date of December 2,
2002 with the Honorable D. Collenette, Minister of Transport had been
postponed to early 2003 to allow for further preparation and review of the
required capital upgrades. W. Dickie indicated that the re-scheduled meeting
was being tentatively established for late January 2003 and will take place in
Toronto. .. .
4.0 FINANCIAL REPORT
i) M. Drumm reviewed that the financial statements for November 30, 2002 and
YTD would be presented at the January 2003 Commission meeting.
ii) W. Dickie reviewed that while the second draft of the 2003 Operating Budget
was not available for review, initial forecasts show that the airport will conclude
fiscal 2002 with an - operating surplus. Based on this, the fol/owing motion was
passed.
MOTION: Moved by M. Ramsay. seconded by F. Smith.
2002-AC-71 "THAT, the 2002 operating surplus be transferred to airport
capital reserves in accordance with. Section 5.01, paragraph
a) of the Lake Simcoe Regional Airport Agreement.;'
. Carried.
Hi) On behalf of S. .Trottet,. W. Dickie reviewed. that the City of Barrie Treasury
Department had advised the Commission that the airport's truck and tractor
(Kubota) should have been purchased as a capital -item when original acquired
and not leased/financed from the operating budget. It was suggested that this
situation could be corrected by purchasing these items under the 2003 Capital
budget, with a portion of the 2002 operating surplus. The 'buy-out' amounts for
this equipment is approximately $13,000.00 for the GMC pick-up truck and
$12,000.00 for the Kubota tractor. It was also noted that this direction would
eliminate the monthly payments for this equipment from the 2003 Operating
Budget.
MOTION:
Moved by M. Ramsay, seconded by G. Fernandes.
2002-AC-72 "THAT, the airport's truck and tractor (Kubota), which are
presently leased/paid for through the airport's operating
budget, be shown as Capital items under the 2003 Capital
2
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works budget and that a portion of the 2002 operating - ./' V
surplus be used to purchase both items."
Carried.
5.0 NEW BUSINESS/CORRESPONDENCE
i) W. McArthur reviewed the construction upda~e as of December 16, 2002.
ii) The airport manager's report was received as information.
iii) M. Drumm reviewed that the vacant Barrie Vascular Imaging hangar as
previously occupied by Advance Flight Training Center was now occupied by
various small tenants including the Borden Flying Club.
iv) All additional correspondence as presented by the airport manager was
reviewed.
6.0 MEETING(S)
The next Commission meeting is to be held on Thursday January 23, 2003 at 7:00
p.m. .' .
ADJOURNMENT
The meeting adjourned at 6:50 p.m.
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M.D
Recording Secretary, LSRA Commission
Distribution:
Commission Members
W. McArthur
K.Short
J. Tascona, M.P.P.
Clerk's Office, City of Barrie
Mayor & Council, c/o City Clerk, City of Orillia
Clerk's Office, Township of Oro-Medonte
P. DeVillers, M.P.
A. Caroll, M.P.
G. Dunlop, M.P.P.
I. Brown, City Manager, City of Orillia
L.S.R.A. Tenants
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Please post and distribute
SCDSB Update 6 - January 22, 2003
Simcoe County District School Board meeting highlights
1170 Highway 26, Midhurst ON LOL 1XO (705) 728-7570
New Trustee Welcomed
On behalf of the Board, Chairperson Mary
Anne Wilson welcomed new Trustee Nancy
Halbert. Trustee Halbert was appointed on
January 15 to replace Deborah Thompson
who resigned rrom the position of Trustee
for New Tecumseth and Bradford West
Gwillimbury.
Trustee Halbert has been actively
involved in her school community in many
areas. She has been school council chair for
the past three years at Sir William Osler
Public School and a school council member
with Bradford District High School for the
past two years.
Roy Edwards Award Presented
On behalf of the Board, Chairperson Mary
Anne Wilson presented the Roy Edwards
Award to Angie Bridekirk for her dedication
and commitment on behalf of students in
Special Education during her tenure as
Chairperson of the Special Education Advisory
Committee. The award is presented in memory
of Roy Edwards who served as a Simcoe
County Trustee rrom 1949 to 1994.
New EDC Background Study Approved
At the Special Board Meeting on
January 15,2003, trustees approved having
a new background study prepared to support
the process of adopting a new five year
Education Development Charge By-law
early in 2003.
Quarterly Report Received
Trustees received a quarterly report on net
operating expenditures for the three months
ending November 30, 2002. The report shows
that approximately 25% ($82.5 million) of the
SCDSB's $327.4 million operating budget was
spent as of November 30. Based on these
expenditure trends, it is expected that an
overall balanced budget position will be
achieved for the 2002-2003 school year.
Capital Related Debt By-laws Approved
School boards are carrying a significant level
of debt for capital projects that were approved
before implementation of the student-focused
funding model. These projects were approved
under the Ministry of Education's previous
capital program or funded solely out oflocal
revenue. Trustees approved by-laws C-2003-
01 and C-2003-02 to allow the SCDSB to
participate with 54 other boards in a capital
debt fmancing program initiated by the
Ministry of Education. The total capital related
debt of the 55 participating district school
boards province-wide is approximately
$882 million. The SCDSB has $27.13 million
in not-permanently-financed debt to be funded
through this program. Staff were commended
for effectively responding to the Ministry's
tight timelines in processing this initiative.
Committee Chairpersons Acclaimed
On January 8, Trustee Dennis Mandley was
acclaimed Chairperson of the Central Services
Standing Committee and Trustee Jane Allen
was acclaimed Chairperson of the School
Services Standing Committee.
SEAC Appointments
The following appointments to the Special
Education Advisory Committee (SEAC) were
approved: Rick Webster, member,
representing The Barrie & District Association
for People with Special Needs; Elizabeth
Bigwin, member, and Boyd Jamieson,
alternate, representing Beausoleil First Nation.
Updates are for everyone interested in our public education system.
Information: Debbie Clarke, Communications Officer, (705) 734-6363, ext. 241.
CONTINUED ON PAGE 2
Please post and distribute
provincial review of SCDSB Intensive
Support Amount (ISA) files (grant claims
for intensive special education support)
resulted in a validation rate of92% in
Cycle 1 and 100% in Cycles 2, 3 and 4.
The Province has announced "live" funding
for the balance of the 2002-2003 school
year based on Cycle 3 results. As a result,
the Board will receive an additional
$4.5 million this year for Special Education
support and anticipates additional funding
based on Cycle 4 results. SCDSB staff
have initiated a consultation process with
the Special Education Advisory
Committee, staff and trustees. A plan for
the allocation of the additional funds will
be presented to the Board for approval.
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SCDSB UPDATE - JAN 2203 - PAGE 2
School Services Standing Committee
Reports
· Balanced School Day Pilot Project - Staff
described the action research model being
used by schools in this project. Principals
reported initial fmdings and observations,
including a reduction in yard discipline,
increased co-curricular activities, better
nutrition breaks, larger teaching blocks,
less interruptions to student learning and
increased flexibility with scheduling.
· Math Trek - Staff demonstrated the Math
Trek computer program. Through an
arrangement with Nectar Foundation,
parents can borrow a Math Trek CD from
elementary schools for student use at home.
Parents can also choose to purchase the
program at a significantly reduced cost.
· EQAO Results - Trustees reviewed the
results of the 2002 provincial assessments
for Grades 3, 6 and 9 students. SCDSB
Grades 3 and 6 results for reading,
writing and mathematics continue to keep
pace with provincial growth; however,
overall achievement continues to be
slightly below the provincial average. Staff
reported that literacy initiatives are being
continued and early literacy initiatives
currently in place are supporting student
who have not yet written the EQAO
assessments. The Grade 9 results in
academic and applied mathematics
programs demonstrated continued
improvement. The discrepancies between
academic and applied achievement concern
boards across the province and will
continue to be an area of focus for the
SCDSB. School-by-school EQAO results
will be reported to local school
communities by January 30,2003.
· ISA Comprehensive Review 200112002-
Student Services staff reported that the
'\
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Next Meetings
School Services Standing Committee
- Wed., February 5, 2003, 7:30 pm
Central Services Standing Committee
- Wed., February 12,2003, 7:30 pm
Regular Board
- Wed., February 26,2003, 7:30 pm
Updates are for everyone interested in our public education system.
Information: Debbie Clarke, Communications Officer, (70S) 734-6363, ext. 241.
IOol)~/
ORILLIA PUBLIC LIBRARY BOARD
MINUTES
DECEMBER 17. 2002
A regular meeting of the library board was held in the Children's Services Department of
the Library commencing at 8:10 p.m.
PRESENT - BOARD -C. Dowd, Chair; J. Swartz, Vice-Chair; R.Fountain; J. Francis;
M. Hill; K. Mclaughlin
- STAFF - M. Saddy, Chief Executive Officer
S. Campbell, Director of Children's & Audiovisual Services
L. Gibbon, Director of Information Services
T. Chatten, Recorder
ABSENT - A.M. Alexander; F. Kreisz; B. Stanton
DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF-None
CONSENT AGENDA
MOTION #2002:41
Moved by J. Swartz, seconded by K. McLaughlin that the consent agenda of the
December 17, 2002 meeting be adopted. CARRIED
BUSINESS ARISING FROM THE MINUTES
Bell Canada and the Ontario Government have partnered to offer internet stations to
those interested in applying for this service. Board members discussed the pros and
cons of this and decided not to proceed with the application.
DISCUSSION WITH REPRESENTATIVES OF CONTRACfING MUNICIPALITIES
R. Fountain expressed Season's Greetings on behalf of the Township of Oro-Medonte, to
which the Board returned its wishes.
REPORT OF FRIENDS OF THE LIBRARY
The last meeting of the Friends was held December 8 at Webers Restaurant. The past
year has been an active year, with plans to be more active in the new year. The next
meeting of the Friends will be held Monday January 27, 2003.
IOol)~r
REPORTS OF BOARD COMMITTEES AND REPRESENTATIVES
Finance - J. Swartz distributed a report of the meeting held on November 28 to discuss
the budget for 2003. A meeting is to be held Thursday January 23, 2003 at 4:45 p.m.
prior to budget presentation to City Council February 4-6, 2003.
Building Steering - A Committee meeting was held prior to the Board meeting,
therefore discussion will be deferred to the next meeting of the Board.
A meeting has been scheduled for Wednesday January 15 from 10 a.m. - 5 p.m. at the
Opera House to discuss issues regarding the Opera House and Farmer's Market and
how the Library can tie into this with expansion. Invitations and agendas will be sent
out to all those involved.
NEW BUSINESS
Municipal Act Report - L. Gibbon and D. Rowe attended a meeting on changes to the
Municipal Act and its effects to the Library. There were several questions asked at the
meeting, many of which could not be answered at this point. There were no changes
that affected the Public Libraries Act, but some of the changes in the Municipal Act do
apply to the Library, such as creating a written hiring policy and a written purchasing
policy.
OLA Superconference 2003 - Board members C. Dowd, J. Swartz and K. McLaughlin
have expressed an interest in attending the Conference, and will coordinate the sessions
attended.
Haycock Seminar - Discussion deferred to the next meeting.
M. Saddy distributed the latest issue of the Library Newsletter to all present.
J. Swartz apologized for his absence at the Volunteer Christmas Tea held at the Library
on Thursday December 12 as he had indicated that he would be present.
Happy Holidays to all!
Adjournment at 8:57 p.m. moved by R. Fountain.
BOARD CHAIR
CHIEF EXECUTIVE OFFICER
loc()~j
CEO'S REPORT FOR THE BOARD MEETING OF JANUARY 22, 2003
AT 7:30 PM IN THE CHILDREN'S DEPARTMENT OF THE LIBRARY
1. MAGAZINE TROUBLE
Public libraries hire subscription services to handle the volume of magazines and
periodicals that we feature. Advantages include that there is one invoice to pay (instead
of200), the company handles transactions in foreign currencies, delinquent issues can be
traced and the volume of orders gives savings.
There are two companies that offer this service to libraries - one is EBSCO, the other
used by our library and many others is divine (sic). It was formerly called FAXON and
has been in business for nearly a century.
On December 20, 2002 divine pulled out of the hard copy periodical business, released
their staff and pulled out of North America.
Invoices for the 2003 subscriptions are issued in November and we paid the $9,300 owed.
It appears as though the company did not pay these subscriptions on our behalf. Many
libraries have been affected and divine may have defaulted on $80,000,000.
Information is incomplete at this time but:
oWe are trying to verify the status of our 2003 subscriptions.
o We have joined a listserve formed of other customers to share information and to
consider stategies (lawsuit? will EBSCO buy the company and fill our orders)
o We have informed Treasurer Bob Ripley of the situation.
The worst case scenario is that the company has taken the $9,300 we paid for
subscriptions and they have not been renewed. We may need to find a way to pay for
subscriptions for 2003. Some magazines have a grace period of a few months and we
may need to sign on with EBSCO soon and try to get our money back from divine.
2. 2002 BUDGET
Budget figures are not complete but it appears that we may have overspent our budget by
about $10,000. The overage can be attributed to buying materials. Even though we have
delivered small surpluses of about $3,000 each over the last two years I am
uncomfortable with a deficit in the 2 figure range and would like to make a proposal to
get it down to a more reasonable $3,000 or $4,000.
Proposal: The library has a number of Reserve Funds that exist to buy books such as the
"Book Purchase Fund" or "Book Sales" (revenue from our library book sales) and we
could re-attribute an amount of no more than $7,000 from books we bought from lines in
the operating budget to accounts in the reserve budget.
3. AGENCY REPORT
According to Council directive agencies including the library, the Opera House and the
Museum are required to submit interim and year end reports on their finances and
activities. Please find enclosed the 2002 library report.
A more complete report from the library will be available in the annual report which will
be ready in the next 60 days.
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MONTHLY REPORT OF THE DIRECTOR OF CHILDREN'S AND AUDIO
VISUAL SERVICES
December 2002
Reference
Reference Transactions:
December 2001: 288
December 2002: 348
Year to Date 2001: 4470
Year to Date 2002: 5454
The number of reference transactions handled by Children's Services Staff has
shown a steady increase from the transactions completed in 2001, December
statistics show a 21 per cent increase over 2001 while the year to date statistics
show a twenty-two per cent increase.
Total Computer Use (two Internet stations and one CD ROM
station)
Year to date 2001: 3523
Year to date 2002: 4882
Use of the computer stations has increased by thirty-nine per cent.
ProQrams
The Explorers club finished with a morning long party. The last two chapters of
the book were read by Kelly and enjoyed by the children. Parents contributed
treats for the party and everyone enjoyed the movie based on the book they
completed. Both parents and children complimented Kelly on a great series
programs.
On Saturday December 14, Kelly led a Preschool Christmas program with
Christmas stories, and a craft to help decorate Seymour, our Christmas snake.
Lee developed a Family Program to celebrate Christmas for December 21st.
Parents and children had a great time together listening and participating in
stories, making crafts together and watching the puppet play Santa and the
Monster ( put on by Lee and I).
Book Babies, Tales for Twos and Preschool Stories finished a successful series
of programs. A new series of programs will begin at the end of January.
!Od)-(,
Staff
Lee Kelly completed the courses Children's Services and Information Work II and
Kelly Smith completed the Children's Services course offered through Mohawk
College over the Internet as part of their Library Technician course.
Outreach and Publicity
Kelli Absalom produced the December program brochure.
Christmas books and materials were displayed throughout the month.
Jen Downing was hired to design and update the Children's Services Web Page.
The page is now up and running. We are still doing some fine tuning, but at least
we have an up to date page on the internet that looks inviting. In 2003, Jen will
be doing some training for staff on how to use Front Page and how to update our
Web Page.
jec!)-7-
MONTHLY REPORT
DIRECTOR OF INFORMATION SERVICES
DECEMBER 2002
Jayne organized a Christmas Tea for our volunteers on December 1 ih and it was well attended.
Small gifts were given out as a thank you to all who continue to contribute their time to the library.
Staff members who contribute articles to the Packet were invited to help celebrate Christmas with
them on December 11th.
As CAP funding has run out, Heather taught her last computer classes at the end of the month.
Classes will resume if further CAP funding is acquired.
Gail Ward agreed to assume the periodicals function that Gail Matthews normally does, while she
is off on sick leave. To assist Gail Ward, Lynn Lockhart agreed to take on the ordering of college
and university calendars and has set up a database in Access to facilitate tracking them.
REFERENCE QUESTIONS:
Questions asked at the Information Services desk were down by 11 percent over this time last
year, even with Sunday opening.
USE OF ONLINE PRODUCTS:
Ebsco was logged into 78 times in the month, with 215 searches completed. 8 e-mails of material
were sent to home computers.
INTERNET USAGE:
Internet usage was up again this year over last. 1671 people used the computers in December,
up 41 per cent over last December.
USAGE OF WEB SITE AND FROST PAPERS:
Due to a continuing glitch, web page usage is not available for December. The Frost Page was
accessed 52 times in December.
PROMOTION:
A class of ten students from the Adult Learning Centre was given a tour of the library and an
introduction to the OPAC and periodical indexes. Four articles were written for the Packet and
seven promotional brochures were created in the month.
VOLUNTEER HOURS:
Volunteers contributed 200 hours to the library in December.
NEWSPAPER INDEX:
Lynn indexed thirty four newspapers in the month, including 1311 news stories and 132 births,
death or marriages.
COMMUNITY OUTREACH:
Library staff gathered materials together for 9 shut-ins in the month.
INTERLIBRARY LOANS:
Materials lent to other libraries and borrowed from other libraries have increased over this time
last year, with 110 items borrowed and 65 items loaned.
GOVERNMENT DOCUMENTS:
This collection was updated by weeding 181 items. 45 new items were added to the collection.
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TECHNICAL SERVICES REPORT
DECEMBER 2002
Circulation
The new Sunday hours seem to be quite successful, despite the bad weather
that appears to attend every week. For 3 Sundays we opened in December,
an average of 210 items were borrowed.
On the year, circulation was down slightly, by 2300 items, less than 1%
over 2001. Borrowing of periodicals, multi-media items, and sound
recordings were up, while books, videos, and AV equipment were all down
somewhat.
An average of 631 people visited the library per day.
Technical Processing
Kelly Smith filled in admirably for Gail Matthews, learning the Geac
acquisitions system quite quickly, and maintaining the flow of orders
coming and going.
The total number items added the collection, from all sources (including
many donations) was 6695, down from the 8009 in 200l.
Withdrawals were about the same, 3584 in 2002, 3633 last year.
We added 2 new formats this year, circulating children's CD-ROMS and
adult and children's DVDs. 49 CD-ROMS and 64 DVDs were acquired
during 2002.
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LAKE SIMCOE REGION CONSERVATION AUTHORITY
MEETING NO. BOD-12-02
Friday, December 13th, 2002 - 9:00 a.m.
MINUTES
. The Town of Newmarket
395 Mulock Drive
"Council Chambers"
Newmarket, ON
Telephone the LSRCA: (905)895~1281
PRESENT:
R. Bridge, Chair
Deputy Mayor S. Para, Vice-Chair
Mayor M. Black
Councillor L. Corrigan
J. Dales, Honourary Member
Alderman A. Eadie
Councillor V. Hackson
Mayor J. Holec
Councillor G. Lamb
Councillor P. Marshall
Councillor S. Pliakes
Councillor N. Snutch
Mayor T. Taylor
Deputy Mayor J. West
STAFF:
D. Gayle Wood, C.A.O./Secretary-Treasurer
S. Hanson, Director, Corporate Services
. A. Leach, Director, Conservation Land
Management
R. Vos, Director, Watershed Ma'nagement
M. Walters, Director, Environmental Services
T. Hogenbirk, Manager, Engineering &
Technical Services
G. Casey, Recording Secretary
REGRETS:
Councillor M. Jordan
Councillor H. Lodwick
Councillor W. Teel
G.R. Richardson, Honourary Member
Mayor R. Stevens
1. Disclosure of Pecuniary Interest & the General Nature Thereof
There were no declarations of conflict of interest at this meeting.
8
Board of Directors' Meeting
BOD-12-02 - Minutes
./Oe)~J'
"
December 13th. 2002
2. Minutes
(a) Board of Directors
\
Minutes of the Board of Directors' Meeting No. BOD-11-02, held on November 22nd,
2002.
Moved by:
Seconded by:
Neal Snutch
Larry Corrigan
BOD-02-167
RESOLVED THAT the minutes ofthe Board of
Dir~ctors' meeting No. 800-11-02, held on
November 22nd, 2002, be adopted.
3. Adoption of the Agenda
Moved by:
Seconded by:
Gary Lamb
Paul Marshall
BOD-02-168
RESOLVED THAT the Agenda ofthe Board of
Directors' Meeting No. BOD-12-02 be
adopted.
4. Announcements
Chair Bridge advised Members that the next meeting of the Board is scheduled for
January 24th, 2003, and the Annual General Meeting is scheduled for February 28th,
2003.
Chair Bridge extended congratulations to MayorTom Taylor on his 40 year anniversary
serving on Council.
The CAO advised that the Lake Simcoe Environmental Management Strategy (LSEMS)
Phase III has completed a very successful year. The ALIthority is in the process of
coordinating the first meeting of the LSEMS Executive Advisory Committee scheduled
for January 17th, 2003. It would be great to have as many Mayor's and Regional Chairs
attend this meeting as possible or to at least have a rep resentative attend on their
behalf. The Authority is also in the process of coordinating the first meeting of the
Citizens' Advisory Committee scheduled for January 14th, 2003.
.9
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Board of Directors' Meeting
BOD-12-02 - Minutes
December 131h, 2002
The Chair referenced a very successful presentation before Barrie Council regarding
. the jurisdictional expansion. Alderman Alison Eadie added that the presentation was
very well received and is supported by Staff as well. The report from Staff will be
released in January 2003 for review by Council.
5. Deputations
There were no Deputations scheduled for this meeting.
6. Hearings Under Section 28 of the Conservation Authorities Act
There were no Hearings scheduled for this meeting.
7. Fill. Construction & Alteration to Waterways Applications..
The Director, Watershed Management spoke to the Fill, Construction & Alteration to
Waterways Applications Report. '
(a) Schedule 1
Moved by:
Seconded by:
Susan Para
Tom Taylor
800-02-141
RESOLVED THAT applications under Section
28 of the Conservation Authorities Act and
Ontario Regulation 153/90, as amended by
Ontario Regulations 534/91 and 623/94, be
received and approved,
8. Correspondence
The CAO reviewed the correspondence listed in the Agenda bringing attention to Item
8 U) a letterfrom the General Manager of Conservation Ontario. The CAO advised that
the Provincial Government asked for three representatives from Conservation Ontario
to sit on the Source Protection Planning Executive Advisory Committee. The CAO was
asked to sit on this Committee howeverdue to her personal situation she had to decline
and as a result the CAO has been designated as an alternate on the Executive
Advisory Committee. Conservation Ontario representatives will have the opportunity to
provide input to the Provincial Government on the Source Protection issue.
10
Board of Directors' Meeting
BOD-12-02 - Minutes
-
IOe)1.(.
December 1311\ 2002
Moved by:
Seconded by:
BOO-02-170
Neal Snutch
Gary Lamb
RESOLVED THAT the correspondence listed
in the December 13th, 2002 agenda be
received for information.
9. Monthlv Communications Update
The Director, Corporate Services reviewed the Monthly Communications Update dated
November 1st to 30th, 2002. With the end of the PALS project, media coverage has
slowed however the Authority's website continues to get good exposure.
The Director further advised that during the past month, the CAO and the Director,
Corporate Services have been meeting with municipal partners to discuss the 2003
preliminary budget.
Moved by:
Seconded by:
BOD-02-171
10. New Business
Larry Corrigan
Susan Para
RES 0 LV EDT HAT the M 0 n t hJ Y
Communications Update, dated November1st
to 30th, 2002, be received for information.
a) Environment Canada - Ontario Heavy Rainfall Study for
Spring/Summer 2000
The Manager, Engineering and Technical Services presented Staff Report No. 75-02-
BOD which summarizes the heavy rainfall study recently completed by Environment
Canada. The Manager advised that the severity of some events were immense (Le. the
Muskoka event) which was more severe than past regional events. Based on the
rainfall event in 2000, the curreht policy of the Authority to use Hurricane Ha~el as their
bench mark for floodplain issues is not outrageous.
11
Ice) -5
Board of Directors' Meeting
BOD-12-02 - Minutes
Decembert-3th, 2002
Mayor Tom Taylor suggested that this report be used in presentations to municipal
partners to highlight the positive work of the Authority regarding development within
floodplain areas. Mayor Margaret Black voiced her concurrence with M.ayor Taylor's
comments.
Councillor Paul Marshall extended congratulations to the Manager, Engineering &
Technical Services, in working with Environment Canada to get this report produced.
Moved by:
Seconded by:
Tom Taylor
Paul Marshall
800-02-172
RE;SOLVED THAT StaffR~port No..75-02-BOD
regarding the Ontario Heavy Rainfall Study
for Spring and Summer 2000, be received for
information; and
FURTHER THAT the report be circulated to
watershed muni~ipalities.
b) Paddling Around Lake Simcoe (PALS)
Final Report
The Manager, Fundraising & Community Relations presented Staff Report No. 76-02-
BOD, which is the final report of the Paddling Around Lake Simcoe (PALS) initiative.
A photo album of the PALS Team "in action" was tabled at the meeting for viewing.
The Manager, Fundraising & Community Relations advised that he is currently
investigating funding sources in relation to having the PALS project continue for another
year.
Councillor Virginia Hackson advised that she had the opportunity to see the PALS
Team perform and they were great. The work they did within the community was
wonderful.
Deputy MayorSusan Para suggested that the booklet published by the PALS Team be
kept up to date as the information contained therein is invaluable. The Manager,
Fundraising & Community Relations confirmed that the information will continue to be
updated and that the booklet will be printed in a different format.
12
Board of Directors' Meeting
BOD-12-02 - Minutes
/0 e) -u"
~
December 13th, 2002
Moved by:
Seconded by:
BOD-02-173
Neal Snutch
Susan Para
RESO L VED THAT Staff Report No. 76-02-BOD
regarding the Paddling Around Lake Simcoe
final report be received for information; and
FURTHER THAT the final report be forwarded
to Human Resources Development Canada
and watershed MP's with the Authority's
thanks.
c) Implementation of _StormwaterQuality
Management Projects
Director, Environmental Services presented Staff Report No. 77 -02-BOD regarding the
propos,ed Joles and responsibilities of the Conservation Authority in relation to the
implementation of stormwater quality management.
Moved by:
Seconded by:
BOD-02-174
Susan Para
Paul Marshall
RESOLVED THAT Staff Report No. 77-02-BOD
regarding the proposed roles and
responsibilities ofthe Conservation Authority
in relation to the .. implementation of
stormwater quality management projects be
received for information and approved; and
FURTHER THAT member municipalities be
circulated Staff Report No. 77 -01-BOD.
d) Pefferlaw Dam Repairs
Director, Watershed Management reviewed Staff Report No. 78-02-BOD regarding the
recommendation for repairs to the Pefferlaw Dam.
Moved by:
Seconded by:
John West
Virginia Hackson
13
Board of Directors' Meeting
BOO-12-02 - Minutes
loe)--:f
December 13th, 2002
BOO-02-175
RESOLVED THAT Staff Report No. 78-02-800
regarding Pefferlaw Dam Repairs be received
for information; and
FURTHER THAT Authority staff be authorized
to carry out the necessary repairs; in
accordance with Authority Purchasing
Policies.
(e) Geocaching - The Official Global GPS Cashe Hunt
Director~"-Conservation-Land- Management -presented Staff RepOrt No. 79-02-800
regarding placing a Geocache site at Scanlon Creek Conservation Area. This activity
is a type of orienteering game using GPS and the website to locate various sites. As
there is staff on site to monitor the activities at Scanlon Creek Conservation Area and
as it is believed that this program will promote hiking, the suggestion is to implement
this project as a pilot program. Then, based on the findings consideration vyill be given
to expanding this to other Conservation Areas.
- Some concern was expressed in protecting the environment with regards to what type
of objects are placed in the Geocache container and the possibility of littering which
may have a negative impact on the flora and fauna. The Director responded that there
will be a meeting with the co-ordinator of this project to review the various aspects and
expectations in relation to this proposal.
Moved by:
Seconded by:
BOO-02-176
Paul Marshall
John West
RESOLVED THAT Staff Report No. 79-02-
BOD regarding placing a Geocache site at
Scanlon Creek Conservation Area be
received for information; and
FURTHER THAT staff investigate the
establishment of a Geocache site at Scanlon
Creek on a trial basis for 2003.
(f) Staff Training and Development
The CAO presented Staff Report No. 80-02-BOO regarding staff training and
development. In response to the concern expressed from the Authority's Board of
Directors regarding succession planning, the CAO has had the opportunity to
investigate enhanced training and development opportunities for staff. The CAO met
with staff at York Region who have been very supportive of the LSRCA's needs. The
14
Board of Directors' Meeting
BOO-12-02 - Minutes
foe) -g
December 13th, 2002
CAO, with Conservation Ontario, will be meeting with a representative from the
Business Training Institute to explore other training avenues. The CAO recommends
that the LSRCA work with both York Region and the Business Training Institute.
The CAO thanked the staff of York Region for their continued support.
Moved by:
Seconded by:
BOD-02-177
11. Other Business
Moved by:
Seconded by:
BOD-02-178
Moved by:
Seconded by:
BOD-02-179
Gary Lamb
Larry Corrigan
RESOLVED THAT Staff Report No. 80-02-BOD
regarding staff training and development be
received for information.
Gary Lamb
Larry Corrigan
RESOLVED THAT the Authority's Board of
Directors move to "Closed Session" to deal
with items 11 (a) and (b) of the agenda as
they pertain to confidential land acquisition
and legal matters.
John West
Virginia Hackson
RESOLVED THAT the Authority's Board of
Directors rise "Closed Session" and report
their progress.
(a) Beaver River Wetlands Acquisition
Estate BeQuest
Director, .conservation Land Management presented Confidential Staff Report No. 81-
02-BOD regarding an estate bequest.
Moved by:
Seconded by:
Susan Para
Neal Snutch
15
10(2) - ~
Board of Directors' Meeting
BOD-12-02 - Minutes
December 13th, 2002
BOD-02-180
RESOLVED THAT Confidential Staff Report
No. 81-02-BOD regarding estate bequest be
received for information; and
FURTHER THAT the recommendations
therein be approved.
(b) Legal Issues Status Update
Director, Corporate. Services presented Confidential Staff Report No. 82-02-BOD
regarding the legal issues status update.
Moved by~
Seconded by:
John West
Larry Corrigan
BOD-02-181
RESOLVED THAT Confidential Staff Report
No. 82-02-800 regarding outstanding legal
issues be received for information.
(c) Rural Ontario Municipal Association (ROMA)
Councillor Paul Marshall suggested that the 2003 ROMA conference is a good
opportunity to gain exposure for the Authority. The CAO advised that the Authority has
never participated in this event however asked for guidance from the Board regarding
how this should be dealt with.
Chair Roy Bridge extended greetings for a happy and safe Holiday Season.
Adjourn
Moved by
Seconded by:
Jeffrey Holec
Susan Para
The meeting adjourned at 10:30
Roy Bridge
Chair
D. Gayle Wood
Chief Administrative Officer/
Secretary Treasurer
H:\GCFiles\BOD Minutes & Agenda 2002\December 2002\Minutes BOD 12-02.wpd
16
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THE CORPORATION OF THE TOWNSHIP OF SPRINGWATER
NOTICE OF A R~.SCHEQ!.lJ,J;Q PUBLIC MEETING TO CONSIDER A
PROPOSED AM NbMEN'fl'b-THE TOWNSHIP OF SPRUoIGWATER
OFFICIAL PlAH, A PROPOSED PlAN OF SUBDIVISION,
AND PROPOSED AMENDMENT TO THE FORMER
TOWNSHIP OF MEOONTE GENERAL ZONING BY.LAW NO. 1990-22
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TAKE NOTICE that the Council of The Corporation of Ihe Township of Springwater will hold a public meecing on
the 17'. day of February, 2003 at 7:30 p.m., which has been re-scheduled from the 20'" day of January, 2003, at
7:30p.m. In the Kenzie Knox Building, 35 Queen Street West, Elmvale. Ontario to consider a proposed Plan of
SubdivIsion, Official Plan Amendment and Zoning By-law Amendment under Sections 17,22,34 and 51 of the
Planning Act, R.S,O. 1990, c. P. 13, as amended.
ANY PERSON may attend the public meeting and make written and/or verbal representation either in support of
or in opposition to the proposed Official Plan Amendment, Plan of Subdivision and/or Zoning By-law
Amendment. Written submissions are to be made to the Township of Springwater Planning Department
(Attention: Darren Vella, Planner), Administration Centre, Lower East Wing, 1110 Highway 26, Midhurst,
Ontario LOL 1XO
THE PROPOSED OFFICIAL PLAN AMENDMENT, which is required to allow for the approval of a draft plan
of subdivision as described below, will redesignate approximately 5.63 hectares of land from Rural to Urban
Residential.
THE PROPOSED PLAN OF SUBDIVISION, referred to as the "Mertz Subdivision", is situated on the west
side of Scarlett Line (which is the easterly boundary of the Municipality and also the Hillsdale Settlement
Area) between Scarlett Line and the easterly ed!;)6 of the Sturgeon River valley environmentally sensitive
area. The subject land is a 5.63 ha parcel comprising Part of the North Half lot 56 and Part of the South Half
Lot 57. Concession 1, EPR, former Township of Medonte, now in the Township of Springwater, known
municipally as 114 Scarlett Line, Assessment Roll No. 43 41 020081 06801 0000 which is proposed to be
subdivided into 15 lots with an average frontage of 30 metres and lot areas ranging from 0.2450 ha to
0.4679 ha. Water supply is to be from an extension of the existing Hillsdale communal system, and sanitary
sewage treatment and disposal is to be provided by individual septic and tile bed systems.
If a person or pUblic body that files an appeal of a decision of the County of Simcoe as the approval authority,
in respect of the proposed Plan of Subdivision, does not make oral submissions at the public meeting, if one
is held, or make written submissions to the County of Simcoe before the proposed draft Plan of Subdivision
is approved or refused, the Ontario Municipal Board may dismiss the appeal.
If you wish to be notified of the decision of the County of Simcoe in respect of this proposed Plan of
Subdivision, you must make a written request to the County of Simcoe Planning Department. Administration
Centre, 1110 Highway 26, Midhurst, Ontario LOL 1XO (please reference County File No. SP -T- 0102).
If a person or public bOdy that files a notice of appeal of a decision of The Corporation of the Township of
Springwater in respect of the proposed Official Plan Amendment does not make oral submissions at a public
meeting or make written submissions to The Corporation of the Township of Springwater before the
proposed Official Plan Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the
appeal.
If you wish to be notified of the adoption of the proposed Official Plan Amendment, you must make a written
request to The Corporation of the Township of Springwater Planning Department, Administration Centre.
Lower East Wing, 1110 HiQhway 26. Midhurst, Ontario LOL 1XO (please reference Springwater File No.
D09/ME, Mertz Subdivision).
THE PROPOSED ZONING BY-LAW AMENOMENT, subsequent to the adoption of the aforementioned
Official Plan Amendment, will amend By-law No.199D-22 for the former Township of Madonte, as amended,
by rezoning the subject lands from the Rural Exception (RU-1) Zone and the Environmental Sensitivity (ES 1)
Zone to the Residential (R1) Zone and the Environmental Sensitivity (ES1) Zone.
If a person or public body that files a notice of appeal of a decision of The Corporation of the Township of
Springwater in respect of the proposed Zoning By-law Amendment does not make oral submissions at a
public meeting or make written submissions to The Corporation of the Township of Springwater before the
proposed Zoning By-law Amendment is adopted, the Ontario Municipal Board may dismiss all or part of the
appeal.
A KEY MAP showing the land to which the proposed Official Plan Amendment, Plan of Subdivision and
Zoning By-law Amendment apply is available at the Township Offices.
ADDITIONAL INFORMATION related to the proposed Plan of Subdivision, Official Plan Amendment and
Zoning By-law Amendment is available for inspection at the Township of Springwater Office, at the address
noted below, during regular office hours - Monday to Friday, 8:30 a.m. \04:30 p.m.
DATED AT the Township of Spring water this 28th day of January, 2003.
Eleanor J. Rath, Clerk, Township of Springwater
Simcoe County Administration Centre, Lower East Wing
1110 Highway 26, Midhurst, Ontario lOL 1 XO
Tel: (705)728-4784 Fax: (705) 728-6957
website: www.sDringw<:!\er.ca
a-mail: planning@springwater.ca
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File No.:
Municipality.:
Location:
OM-OPA-0214
Township of Oro-Medonte
East Half of Lot 7,
Concession 7
103
Date of Decision:
Date of Notice:
Last Date of Appeal:
January 15, 2003
January 24, 2003
February 13, 2003
NOTICE OF DECISION
With Respect to an Official Plan Amendment
Subsection 17 (35) and 21 of the PlanninQ Act
A decision was made on the date noted above to approve all of Amendment No. 14 for the Official Plan of
the Township of Oro-Medonte as adopted by By-law 2002-125.
Purpose and Effect of the Official Plan Amendment
The Official Plan Amendment proposes to change the land use designation applying to lands located in East
Half of Lot 7, Concession 7 (formerly Township of Oro) from the "Rural" designation to the "Mineral
Aggregate Resources" designation. A copy of the decision is attached.
When and How to File An Appeal
Any appeal to the Ontario Municipal Board must be
filed with the Clerk of the County of Simcoe no
later than 20 days from the date of this notice as
shown above as the last date of appeal.
The notice of appeal should be sent to the
attention of Gail White, at the address shown
below and it must,
(1) set out the specific part of the proposed
official plan amendment to which the appeal
applies,
(2) set out the reasons for the request for the
appeal, and
(3) be accompanied by the fee prescribed under
the Ontario Municipal Board Act in the amount
of $125.00, payable by certified cheque to the
Minister of Finance, Province of Ontario.
Who Can File An Appeal
Only individuals, corporations or public bodies may
appeal the decision of the County of Simcoe to the
Ontario Municipal Board. An appeal may not be
filed by an unincorporated association or group.
However, a notice of appeal may be filed in the
name of an individual who is a member of the
association or group.
When the Decision is Final
The decision of the County of Simcoe is final if a
Notice of Appeal is not received on or before the
last date of appeal noted above.
Getting Additional Information
Additional Information about the application is
available for public inspection during regular office
hours at the County of Simcoe at the address
noted below or from the office of the municipality
noted above.
Mailing address for Filing a Notice of Appeal
County of Simcoe
Administration Centre
Midhurst, Ontario
LOL 1 XO
Attention:
Telephone:
Fax:
Gail White, Planner
(705) 726-9300 - Ext. 255
(705) 727-4276
REceIVED
JAfJ 2 8 ?n03
ORO-MEDONTE
TOWNSHIP
IJdj/1
TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2003-06 Keith Mathieson
SUBJECT: DEPARTMENT:
COUNCIL:
Laurel View Homes (HV) Inc. - Engineering and
Subdivision Agreement Environmental Services
C. OF W.:
DATE: January 22, 2003
MOTION #:
DATE: R. M. FILE NO.:
L04-11843
Laurel View Homes (HV) Inc. and the Township of Oro-Medonte entered into a Pre-Servicing
Agreement in July, 2002 to install the municipal services in Phase I of the Horseshoe Adult Lifestyle
Community.
Phase I consists of sixty-six (66) lots and is located east of Oro-Medonte Line 3 North, and south of
Highland Drive.
Laurel View Homes has now received all approvals and is requesting that the Township enter into the
attached Subdivision Agreement.
The Developer has supplied the Township with the required securities.
/
1. THAT this report be received and adopted.
2. THAT the Township of Oro-Medonte enters into a Subdivision Agreement with Laurel View
Homes (HV) Inc., Phase I.
3. THAT the Clerk prepares a By-law to enter into a Subdivision Agreement for Council's
consideration.
Keith Mathieson
C.A.O. COMMENTS:
c>
DATE: V_A- J... '" I \) ~
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DEPT. HEAD:
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SUBDIVISION AGREEMENT
- between -
LAUREL VIEW HOMES (HV) INC.
PHASE 1
- and -
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THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
DESCRIPTION OF LANDS
Part Lot 3 concession 4, Oro. Designated
as part of Part 8 and all of Parts 6, 7, 20, and
21 on Plan 51 R-30671
Subject to an easement over parts of 7 and 20
Plan 51 R-30671 as in instrument #L T 522875
together with an easement over parts 1 and 2
Plan 51 R-30671 as in instrument # L T 522878
being part of PIN #74055-0119(Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
January, 2003
By-Law No.
~. '..,
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1
General Requirements
Part 2
Lands, Plans and Representations
Part 3
Requirements Prior to Execution of Agreement
Part 4
Pre-Construction Requirements
Part 5
Financial Requirements
Part 6
Staging or Phasing
Part 7
Construction Requirements
Part 8
Building Permits and Occupancy
Part 9
Maintenance and Acceptance
Part 10
Default Provisions
SCHEDULES
Schedule "A" - Description of Lands Being Subdivided
Schedule "B" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" - Itemized Estimate of Cost of Construction of Each
Part of the Works
Schedule "E" - List of Lots Unsuitable for Building Purposes
and/or Requiring Special Attention
Schedule "F" - Development Charges
Schedule "G" - Deeds and Easements to be Conveyed
Schedule "H" . Declaration of Progress and Completion
S~hedule "I" General Location and Lot Grading Plans
Schedule" J" - Standard Township Letter of Credit
2
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TOWNSHIP OF ORO-MEDONTE
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THIS AGREEMENT made as of the
day of
,2003.
BETWEEN:
LAUREL VIEW HOMES (HV) INC.
(hereinafter called the "Developer")
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
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 (43-0M-20001) 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:
3
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PART. 1
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GENERAL REQUIREMENTS
1.1 DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ Engineers registered and in good standing with the
Association of Professional Engineers of Ontario:
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
To prepare designs in accordance with the Township of Oro-
Medonte Engineering Standards and Drawings (dated October,
1997).
To prepare and furnish all required drawings and specifications.
To prepare the necessary contract(s) and provide contract
administration.
To obtain the necessary approvals in conjunction with the
Township, from the Township of Oro-Medonte sewage approval
authority, Simcoe County District School Board and Simcoe
Muskoka Catholic District School Board, and utility companies, or
as a result of legislative or procedural change, the Ministries shall
be deemed to be the Ministry of Municipal Affairs and Housing, as
well as the Council of the Township of Oro-Medonte or the Chief
Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1
and 8.2.
To act as the Developer's representative in all matters pertaining to
the subdivision.
To provide co-ordination in scheduling to comply with the timing
provisions of this Agreement and the requirements of the Township
Engineer, for all the work specified in this Agreement.
To provide supervision during construction of all the services.
To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
To maintain records of construction which shall be available for
inspection or copy by the Township.
To prepare final "as constructed" Mylar drawings which will include
the following with regard to provision of a digital Plan of
Subdivision:
Completed digital Plan of Subdivisions must be in AutoCAD 12
drawing format or DXF and be delivered on a 1.44 MB floppy
diskette. Two copies of each Plan of Subdivision are required on
separate diskettes.
Each diskette must be labeled identifying the legal property
description, developer's name, file name, and date delivered.
PKZIP Release 2.04G may be used to perform file compression if
required.
4
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1.1.11
1.1.12
It is the Developer's responsibility to ensure that all drawing
changes occurring throughout the approval process are
incorporated into the digital submission.
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All line data depicting property boundaries must be mathematically
closed to form polygons.
The lines, which describe the boundary of all properties created
within the Plan of Subdivision, will be isolated on a unique
layer/level. In certain cases, some of the line segments will
coincide with the location of concession lot lines, registered plan
data, open roads, rivers, and lakes.
PLAN OF SUB layer/level will outline the property boundaries in the
form of enclosed polygons.
LA YERlLEVEL 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.
LA YERlLEVEL PL LTTEXT
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.
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".
To furnish the Township with a certificate with respect to each lot or
building block for which a Building Permit application is made,
certifying that the proposed construction is in conformity with the
General Location and Lot Grading Plan or with an approved
variation; (NOTE: That a Professional Engineer could also be
retained to provide the aforementioned and any cost incurred by the
Township will be the responsibility of the Developer or individual lot
owner).
To prepare and provide the Township, for each lot or block within
the plan, a certificate of final grade elevation, indicating that the
property has been developed in conformity with the General
Location and Lot Grading Plan or with an approved variation
(NOTE: That a Professional Engineer could also be retained to
provide the afore-mentioned and any costs incurred by the
Township will be the responsibility of the Developer or individual lot
owner).
5
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NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar certificate as required under
1.1.11 and 1.1.12, but it may be provided by a Professional Engineer, other than
the Developer's Consulting Engineer. If the Township has their Engineer prepare
the Certificate, the cost of the work will be deducted from the final occupancy and
lot grading deposit and will become the responsibility of the individual lot owner.
1.2 LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by 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:
Laurel View Homes (HV) Inc.
4001 Chesswood Drive
North York, Ontario
M3J 2R8
Jerry Leiberman
FAX# 1-416-635-1518
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.
1.3 REGISTRATION
The Developer consents to the registration of the Subdivision Agreement by the
Township and at the sole discretion of the Township upon the title of the lands,
the registration expenses shall be included as a legal expense to the Developer.
1.4 VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of
signing this Agreement, the Township may, at its option, declare this Agreement
to be null and void.
1.5 MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event of him/they becoming the
Developer(s) of the lands under his/their mortgage by way of foreclosure,
purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall
be deemed to be postponed to this Agreement and any lands registered in the
name of the Township shall be free of the mortgage( s), and the mortgagee( s)
agrees to register a discharge of the mortgage(s) on those lands if called upon by
the Township, to do so, and he/they shall be subject to the terms of the
Agreement as though he/they had executed this Agreement in the capacity of the
Developer.
1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of him assigning or transferring the
mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the
terms hereof, in the same manner as if the assignee or transferor has executed
this Agreement.
6
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(;Ja)/1
1.7 LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear from all
encumbrances unto the Township, lands for municipal purposes other than
roads, which shall be mutually agreed upon by the Developer and the Township
or to make a cash payment in lieu thereof, as provided by Section 51.5 of the
Planning Act 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.
1.8 EASEMENTS
The Developer agrees to grant, at his expense, all such easements and
rights-of-ways as may be required for the installation and supply of services to
the subdivision and to deed lands to the Township, as set out in Schedule "G".
The Developer also agrees to certify good title to easements and right-of-ways by
the Developer's solicitor. Prior to executing this Agreement, all known
easements shall be filed with the Township in a form approved by the Township's
solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this
Agreement.
1.9 HYDRO AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered into a satisfactory
agreement(s) with them 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.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Developer agrees to advise all prospective purchasers 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 accommodated in temporary facilities
out of the neighbourhood schools' area.
This clause is to be placed in any 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.
1.11 CANADA POST
The Developer agrees to construct a site to the specifications and standards of
Canada Post and the Township, as required for the construction of mailboxes by
Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT
The Developer and each individual lot owner, acknowledges that the waste
treatment facility and sewers privately owned and operated and not under the
control of the Township.
7
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1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS
1d-a)~9
The Developer shall provide copies of Clauses, 1.1.11, 1.1.12 and Note of 1.1,
1.10,1.12,5.5,5.7.2,6.2,6.3,6.4,7.3,7.9,7.16, 8.1, 8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8
and Schedule "F", to each prospective purchaser of a lot(s).
1.14 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.
1.15 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
8
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IJ,q)
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 issued by the Township
of Oro-Medonte, may necessitate a change in the provisions of this Agreement.
2.4 CONFORMITY WITH AGREEMENT
The Developer covenants and agrees that no work shall be performed on the
said lands except in conformity with:
2.4.1 The provisions of this Agreement, including the Schedules hereinafter
referred to.
2.4.2 The Plans and Specifications submitted to and accepted by the Township
as being within its design criteria including, without limiting the generality
of the foregoing, the Drawings listed in Schedule "C" of this Agreement,
along with the Storm Water Management Plan prepared by URS Cole
Sherman dated September 2001. Sanitary sewer extension prepared by
AWS Engineers & Planners Corp.
URS Cole Sherman
Drawing No.
Description
01075-G1
01075-G2
01075-G2A
01075-G3
01075-G4
01075-L 1
01075-L2
01075-P1
01075-P2
01075-P3
01075-P4
01075-P5
01075-P6
01075-P7
01075-P8
01075-01
01075-02
01075-03
01075-04
01075-05
General plan
Sanitary Drainage plan
Phase 1 Sanitary drainage plan
Erosion and sediment control plan
Storm drainage plan
Lot grading plan
Lot grading plan
Landscapes Drive
Oakmont Drive
Tanglewood Crescent
Tanglewood Crescent
Tanglewood Crescent
Sanitary outlet
Storm outfall
Emergency access road
Standard details
Standard details
Standard details
Standard details
Standard details
9
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AWS Drawing No.
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Description
G01 Plan
G02
G03
G04 Profile
G05 Profile
G06 Profile
STAT 0+000.000-0+344.000
STAT 0+344.000-0+639.000
STAT 0+639.000-0+809.000
STAT 0+000.000-0+344.000
STAT 0+334.000-0+639.000
STAT 0+639.000-0+809.000
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1
2.4.3.2
2.4.3.3
2.4.3.4
2.4.3.5
Ministry of the Environment
Hydro Service Company
Township of Oro-Medonte
Nottawasaga Valley Conservation Authority
Ministry of Citizenship, Culture and Recreation
2.4.4 All applicable Township By-Laws, including any applicable Site Plan
Control By-Laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the
Federal Fisheries Act.
2.5 RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that:
2.5.1 It has made representation to the Township that it will complete all
Municipal and other works required herein, in accordance with the Plans
filed and accepted by the Township and others, and;
2.5.2 The Township has entered into this Agreement in reliance upon those
representations.
2.6 SCHEDULES ATTACHED
The following Schedules are attached to and form part of this Agreement:
Schedule "A" -
Schedule "B" -
Schedule "C" -
Schedule "0" -
Description of lands Being Subdivided
Plan of Subdivision
Works to be Constructed
Itemized Estimate of Cost of Construction of Each,
Part of the Works
List of lots Unsuitable for Building Purposes and/or
Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Declaration of Progress and Completion
General location and lot Grading Plans,
Standard Township letter of Credit
Schedule "E" -
Schedule "F" -
Schedule "G" -
Schedule "H" -
Schedule "I"
Schedule "J" -
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 Engineer.
10
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PART - 3
/:#1-12//
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1 Prior to the execution of this Subdivision Agreement by the Township, the
Developer shall:
3.1.1 Taxes - have paid all Township tax bills issued and outstanding against
the said lands.
3.1.2 Deeds and Easements - have delivered to the Township all
transfers/deeds, discharges and easements or other documents required
by Schedule "G", as well as Certification from the Developer's solicitor that
the Transfer/Deeds and Easements shall provide the Township with good
title, free and clear from all encumbrances.
3.1.3 Postponement Mortgage/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits, Development Charges & Security - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D" & "F".
3.1.5 Construction/Engineering Plans & Specifications - have supplied to the
Township, those Plans and Specifications necessary to identify the
construction/engineering aspects of the proposed development, and have
received from the Township an acknowledgment of conformity with
general design concepts of the Township.
3.1.6 Electricity - have supplied to the Township for approval, those plans
necessary to identify the electrical distribution system, lighting
requirements, and power supply to each lot or building or unit, as the case
may be, and these are to be to the required Township standards which
includes underground wiring.
3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate
confirming those coverages specifically set out hereafter.
3.1.8 Consulting Engineer's Letter - ensure that each Consulting Engineer (who
must be experienced in the field of Municipal services) for the Developer,
file with the Township, a letter confirming the terms of his retainer, and
which letter shall be in draft format supplied by the Township.
3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical
Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and
Canada Post, to write a letter to the Township Clerk confirming that:
3.1.9.1 They have been informed of the project and have seen the
development plans.
3.1.9.2 Satisfactory arrangements have been made with them for
servicing the subdivision without expense or obligation on the part
of the Township.
3.1.9.3 Easement requirements, if any.
3.1.10 Land Ownership- be the registered owner in fee simple of the lands
described in Schedule" A", and that there will be no encumbrances
registered against the said lands.
11
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3.1.11 Approvals - obtain and file with the Township, confirmation approvals
from the following:
3.1.11.1 Ministry of the Environment
3.1.11.2 Hydro Service Company
3.1.11.3 Township of Oro-Medonte
3.1.11.4 Nottawasaga Valley Conservation Authority
3.1.11.5 County of Simcoe
3.1.11.6 Ministry of Citizenship, Culture and Recreation
3.1.11.7 Simcoe County District School Board
3.1.11.8 Simcoe Muskoka Catholic District School Board
3.1.12 Lot Sizes - file with the Township, a certificate from an Ontario Land
Surveyor confirming that the frontage and area of each lot meets the
minimum requirements of the Township Zoning By-law.
3.1.13 Community Mail Boxes - file with the Township, a Plan showing the
location of, and access to, community mail boxes.
3.1.14 Mylars - provide for registration, Mylars of all Plans incorporated into
this Agreement as Schedules.
3.1.15 Fire Chief Approval - obtain an approval from the Fire Chief of the
Township confirming and approving of the proposed plans for fire
protection, and specifying any hydrants, or other equipment, or
appurtenances required.
3.1.16 Responsibility Agreement - have entered into an agreement with the
Township and American Water Services Canada Corp in regards to
the ownership, financing, construction, operation, maintenance and
repair of certain sewer and waste treatment facilities.
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PART-4
jJq)-IC!
PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.1 Plan Registration
Obtain final approval of the Plan from the Township of Oro-Medonte and
obtain registration of the Plan.
4.1.2 Approval of Plans
The Developer and the Engineers employed by him shall have the plans
and specifications for the works approved by the Township Engineer prior
to construction and the originals must be stamped as accepted by the
Township Engineer.
Submit and obtain the Township Engineer's approval of the following, all to
be in accordance with the Township's approved Engineering Standards:
i) the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Hydro, Telephone and Gas;
iv) the road, watermain and sewer plans and profiles.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Sewer Works, detention facilities, waterworks and
sanitary sewers.
4.1.4 Contractor
The said services shall be installed by a contractor or contractors retained
by the Developer and approved, in writing, by the Township Engineer.
The Township and Township Engineer are to be provided with the names
and phone numbers of personnel responsible for the works, including
emergency phone numbers.
4.1.5 Scheduling of Works
Prior to the start of construction, the Developer shall supply for the
Township Engineers, approval of a Schedule of Works, setting out the
order in which he considers the various sections of the works within the
Plan will be built. The Township Engineer may amend this Schedule and
the Developer shall construct, install or perform the works as the Township
Engineer, from time to time, may direct. In any event the Schedule, or
amended Schedule, as the case may be, shall conform to the
requirements of Clause 4.1.8.
4.1.6 Erosion and Siltation Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts, slopes, etc., both within the
subdivision and downstream prior to and during construction and upon
completion of servicing of the subdivision. Failing adequate precautions
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being taken, the Developer shall be responsible for correcting any damage
and paying all maintenance costs resulting therefrom.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineer and the
Nottawasaga Valley Conservation Authority. Prior to any grading or
construction commencing on the site or final approval and registration of
the subdivision, the Developer's Engineer shall submit the Plan for
approval by the Township Engineer and the Nottawasaga Valley
Conservation Authority. The Plan shall detail the means whereby erosion
and siltation and their effects will be minimized on the site during and after
the construction period. The Developer agrees to carry out, or cause to be
carried out, the work approved in the Plan, and such work will be certified,
in writing, by the Developer's Engineer and provided to the Township
Engineer and the Nottawasaga Valley Conservation Authority. The
Developer agrees to maintain all erosion and siltation control devices in
good repair during construction.
4.1.7 Signs
Signs at least 1.2 metres by 1.8 metres shall be provided and erected by
the Developer at each entrance to the subdivision, at a location approved
by the Township Engineer, and the signs shall read as follows:
"ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK"
The signs shall be painted either orange or yellow with black lettering.
These signs shall be installed prior to the commencement of construction
and be removed after the issuance of the Certificate of Maintenance and
Final Acceptance (Aboveground Services).
4.1.8 Notification of Commencement and Completion
The Developer shall not commence the construction of any of the works
until the Developer has provided forty-eight (48) hours written notice to the
Township Engineer, of his intent to commence work.
The Developer shall complete the works expeditiously and continuously
for the first phase and all underground services shall be installed within
one year of the day of registration of this Agreement, and all aboveground
services shall be installed in accordance with the Declaration of Progress
and Completion, as required under Clause 7.11 of this Agreement, but no
longer than two years from the date of registration of this Agreement,
unless extended by the Township Engineer. Subsequent phase shall be
completed within a one (1) year time frame for underground services and
two (2) years for aboveground services from date of commencement.
Should for any reason there be a cessation or interruption of construction,
the Developer shall provide forty-eight (48) hours written notice to the
Township Engineer before work is resumed;
If the municipal services to be constructed by the Developer under this
Agreement are not completed and accepted by the Township within the
above time frame, the Township may either;
a} Give notice to the Developer to stop work on the said municipal
services and to provide that no further work shall be done with respect
to such services, until an amending Agreement, incorporating the
standards, specifications and financial requirements of the Township,
in effect as of that date, is executed by all parties; or
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b) Give notice to the Developer to stop work on the municipal services
and inform the Developer that the Township proposes to realize on its
security and proceed with the completion of construction in accordance
with the provisions of the Plans filed with the Township.
.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior to
satisfying the requirement of this Agreement, it shall be subject to the penalties
identified in Part 10.
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PART-5
I dQ)~/:J
FINANCIAL REQUIREMENTS
5.1 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.
5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS
The Developer agrees to pay to the Township, the cost of the Township's lawyer
and Planner for all costs involved in processing the subdivision and of the
Township's Engineer for checking of plans and specifications and inspection on
behalf of the Township. The inspection by the Township will depend on the type
of construction and the amount provided will be deemed necessary by the
Township. In this regard, the Developer agrees to pay to the Township, the sum
of Ten Thousand Dollars ($10,000) upon submitting a Plan to the Township for
consideration to be applied to account of such costs. As accounts are received
from the Township Planner, lawyer and Engineer, they will be paid by the
Township and then submitted to the Developer for reimbursement within thirty
(30) days, so that the initial deposit will again be built up to enable the Township
to pay the next accounts as they are received. In the event that the deposit is
drawn down to a level of Five Thousand Dollars ( $5,000 ), or less, and the
Developer does not pay the accounts within thirty (30) days, it is hereby
understood and agreed that the Developer would be in default of this Agreement
and the Township may, without notice, invoke default provisions as set out in this
Agreement.
5.3 DEVELOPER'S LIABILITIES
Until the Township has issued the Certificate of Maintenance and Final
Acceptance for the works, the Developer shall indemnify the Township against all
actions, causes of action, suits, claims and demands whatsoever which may
arise either directly or indirectly by reason of the Developer undertaking the Plan,
and the Township shall not be deemed to be the Developer.
5.4 UTILITY COSTS AND CHARGES
The Developer shall deal directly with all Utilities Commissions and companies.
He or his Consulting Engineer shall obtain all approvals and permits and pay all
fees and utility charges directly to the Utility until the Certificate of Maintenance
and Final Acceptance (Underground Services) is issued.
If an additional electrical service is required for Township purposes, the
Developer shall include the cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES
AND IMPOSTS
a)
Development charges and education development charges shall be
payable on a per-lot basis prior to the issuance of the first Building Permit
with respect to the particular lot.
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.
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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 Local Improvements Act at present serving this property and assessed
against it.
These charges are set out in Schedule "F" of this Agreement.
NOTE:
In addition to the Municipal development charges, the lots may be
subject to County development charges and applicable
development charges of any Public Utility Commission.
5.6 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 Engineer and Township
Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in
accordance with the requirements of Schedule "J" with an automatic
renewal clause, in the amount of one hundred percent (100%) of the
estimated costs of the said works, as set out in Schedule "0" and as
approved by the Township Engineer. The Letter of Credit shall be for a
minimum guaranteed period of one (1) year, or such time as the Township
decides, and shall be renewed automatically, as necessary, three (3)
months prior to expiration. Unless the Letter of Credit is renewed as noted
above, the Township shall have the absolute right to refuse to issue
Building Permits and to prohibit occupancy of homes, whether partially or
fully completed, from the said date, three (3) months prior to the expiration
of the Letter of Credit, or the Township may cash the Letter of Credit until
a satisfactory Letter(s) of Credit is received by the Township.
c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the
estimated cost of the works, as set out in Schedule "0", will be reviewed
and updated by the Township Engineer on each anniversary of the date of
execution of this Agreement. In the event of an increase, the Developer
shall provide additional security, as required by the Township Engineer,
within thirty (30) days of notice, by registered mail, from the Township
Engineer.
In the event that the Developer fails to deliver to the Township the
additional security as required by the Township Engineer, it is hereby
understood and agreed that the Developer be deemed to be in default of
this Agreement and the Township may, without notice, invoke default
provisions as set out in this Agreement.
The Township reserves the right to accept or reject any of these
alternative methods of providing securities. Prior to depositing the
securities, the Developer's Engineer shall submit an estimate of the cost of
the works to the Township Engineer for approval. When the cost estimate
has been approved, it will be set out in Schedule "0" ofthis 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 "0" 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.
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Application - any Letter of Credit or security filed with the Township is based .
upon the estimated cost of completing the various matters prescribed by this
Agreement. However, all Letters of Credit and security received by the
Township may be used as security for any item or any other matter, which
under the terms of this Agreement, is the responsibility of the Developer,
including, without limiting the generality of the foregoing, payment of
engineering, legal, planning, and development charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under the terms of this Subdivision Agreement, as well as development
charges and costs to acquire lands or interest therein.
\,
e) Default - if, in the event of default of the Developer under any of the
provisions of this Agreement, it becomes necessary for the Township to
realize on its security or deposits, then the 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 costs of completing such work or service
exceeds the amount of security held by the Township, such excess shall be
paid by the Developer to the Township, thirty (30) days after invoicing by the
Township. All overdue accounts shall bear interest at the rate of 12% per
annum.
g) Save Harmless - the Developer, on behalf of itself, its successors and
assigns, agrees to indemnify and save harmless the Township from and
against any and all claims, suits, actions and demands whatsoever which
may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to
complete the work or services required to be completed under this
Agreement, provided the subject matter of such action, suits, claims or
demands was not caused intentionally or through gross negligence on the
part of the Township, its servants or agents or sub-contractors.
h) The Construction Lien Act - if the Township becomes obligated to make any
payments, or pay any costs under the provisions of Section 17(4) of the
Construction Lien Act, this will constitute a default and entitle the Township
to realize upon its security.
i) Surplus Funds - in the event that the Township cashes a Letter of Credit to
complete Township services or satisfy any obligations under this
Agreement, any surplus monies that remain after this work is completed
shall, upon full compliance by the Developer with the terms of this
Agreement, be returned to the issuing financial institution for transmission to
that party that took out the original Letter of Credit.
5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the
services based on the total estimated cost of works in the subdivision or in
an approved stage of the subdivision, and provided the Developer is in
compliance with all aspects of the Subdivision Agreement, the Developer
shall, as the work further proceeds to completion, have the privilege, on
application to the Township and upon certification of the Township
Engineer, of obtaining reductions of the cash or Letter of Credit deposited
for the installation of the services, in increments of not less than ten percent
(10%). Upon application for reduction of the securities, the Developer's
Engineer shall provide an estimate of the cost to complete the work. This
amount, when approved by the Township Engineer, shall be retained along
with twenty percent (20%) of the completed work estimate and the
remainder released. A further ten percent (10%) of the completed work
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I (JaJ-J6
estimate will be released upon satisfactory assurance to the Township that
there are no liens pursuant to the Construction Lien Act affecting lands
conveyed or to be conveyed to the Township within the Plan of Subdivision,
pursuant to the terms of this Subdivision Agreement.
5.7.2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with
the Township, the required Final Occupancy and Lot Grading Deposit at a
rate applicable at the time of the issuance of Building Permits. Upon
certification of final grade elevations indicating that the property has been
developed in conformity with the General Location and Lot Grading Plan by
a certified Engineer and approved by the Township Engineer, the balance of
the deposit shall be returned.
5.8 STATUTORY DECLARATION OF ACCOUNTS PAID
The Developer agrees that upon applying for a Discharge of Securities or for a
Certificate of Substantial Completion and Acceptance, or for a Certificate of
Maintenance and Final Acceptance for the services within the subdivision, or
upon applying for prior acceptance of the underground services, he shall supply
the Township with a Statutory Declaration that all accounts for work and
materials for said services have been paid and that the Construction Lien Act has
been complied with and that no liens thereunder have or can be registered,
except normal guarantee hold backs, 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.
5.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges,
expenses or obligations of the Developer under the provisions of this Subdivision
Agreement all of its right, title and interest in the said lands, and consents to the
registration of this Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on
or prior to the execution of the Agreement, an insurance certificate with
an insurance company satisfactory to the Township, (which said approval
shall not be unreasonably withheld or delayed), and insuring for the joint
benefit of the Developer, their agents and the Township and their agents,
against any liability that may arise out of the construction or installation of
any work to be performed pursuant to this Agreement and for a period of
one (1) year after completion and acceptance of the Township services
to be constructed herein.
5.10.2 Comprehensive General Liability - 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 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 mdependent
contractor duly qualified to do such work;
d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days in advance of any
cancellation or expiry of the said insurance policy.
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5.10.4 Certificate of Coverage - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
includes (a), (b), (c) and (d) above and are in effect.
5.10.5 Confirmation of Premium Payment - the Developer shall, from time to
time as required by the Township, provide confirmation that all premiums
on such policy or policies insurance have been paid, and that the
insurance is in full force and effect. The Developer shall see that a copy
of the policy is filed with the Township.
5.10.6 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.
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PART-6
I ;)q), l.;r-<
STAGING OR PHASING
6.1 STAGING OR PHASING
The Township, in its sole discretion, may instruct the Developer to construct the
services in particular stages or phases suitable 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 stages. If the work is thus staged. as approved by
the Township, then in lieu of furnishing cash payment or Letter of Credit, all as
set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as
approved by the Township Engineer, the Developer shall deposit security for part
of the services the Township has approved. Before proceeding with an additional
stage, 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 fifty
(50%) of the lots of the subdivision or stages of the subdivision have been built
upon and all the services have not been completed and approved by the
Township Engineer, the Township reserves the right to refuse commencement of
the next stage until all services have been installed and approved.
In no event will further subdivisions of the Developer or stages of subdivisions of
the Developer be approved if all services of the active stage approved by the
Township Engineer have not been completed within a two (2) year period after
registration of this Agreement.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until at
least fifty percent (50%) of the lots on the subdivision or stage of the subdivision
have completed dwellings erected therein and Occupancy Permits have been
issued. The Developer shall be responsible for the maintenance of the services
in this case until the Township has assumed the responsibility of the services.
Phase 1 consists of sixty-six (66) Lots
Landscapes Drive Lots 1 - 15
Tanglewood Crescent Lots 16 - 37
Tanglewood Crescent Lots 38 - 47
Oakmont Avenue Lots 48 - 66
6.2 The developer agrees not to apply, directly or indirectly through an agent,
assignee or otherwise, for a Building Permit to the Township or its Chief Building
Official for any more than 55 Building Permits with respect to the Plan of
Subdivision until such time as the Township is satisfied that the provisions of
paragraph 4 of an agreement dated the 17th day of January, 2002, entered into
between Horseshoe Resort Corporation and the Corporation of the County of
Simcoe (the "Parent Agreement") has been fully complied with.
6.3 The developer acknowledges and understands that the Township and its Chief
Building Official may refuse to accept any Building Permit Application that does
not comply with the provisions set out above.
6.4 The parties acknowledge and agree that the provisions of paragraph 4 of the
"Parent Agreement" relate to necessary transportation improvements. The failure
to provide the same will render any lot in excess of 55 on the Plan of Subdivision
undevelopable, and constitutes failure to conform with "other applicable law" as
that term is defined and interpreted in the Building Code Act, 1992 and
regulations enacted thereunder.
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6.5.1 The developer agrees to notify any purchasers. builders and assignees of the
agreement and the terms set out in this part.
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PART - 7
/I-Q) / J1I
CONSTRUCTION REQUIREMENTS
7.1 WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "c" to this Agreement. This
Schedule is to set out the works in general terms only and shall not be construed
as covering all items in detail.
The works are to be designed and constructed in accordance with the current
Engineering Standards adopted by By-Law by the Township at the time of
signing of the Subdivision Agreement. A copy of these standards is available at
the Municipal Office.
If at any time, and from time to time during the development of the subdivision,
the Township Engineer is of the opinion that additional works are necessary to
provide adequately any of the public services required by the Plan, the Developer
shall construct, install or perform such additional works at the request of the
Township Engineer.
7.2 CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause to be
constructed, all requisite works in order to provide services to the lots and
buildings blocks within the Phase.
7 .3 PRESERVATION AND PLANTING OF TREES
7.3.1 The Developer must preserve all healthy trees within the limits of the
subdivision, where possible. If, in the opinion of the Township Engineer,
indiscriminate removal of trees takes place within the limits of the Plan of
Subdivision, including road allowances, parkland, and individual lots, the
Township shall have the option of having a Stop Work Order on
construction of the services and/or building on a particular lot where the
removal is taking place. Work will not be allowed to proceed until the
Township is satisfied that the practice will not continue and the
Developer/Builder agrees to carry out remedial work requested by the
Township. The Developer agrees to provide a copy of this clause to each
and every prospective builder/prospective purchaser.
7.3.2 The Developer shall plant one (1) 2.4 metre, or taller, hardwood tree of a
minimum of 50 mm caliper on each lot having less than three (3) trees in
the front yard(s), if required by the Township. The type of tree must be
satisfactory to the Township.
7.4 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump, nor permit to be
dumped, any fill or debris on, nor shall he remove or permit to be removed, any
fill, topsoil, trees or shrubs from any public or Municipal lands, without the written
consent of the Township Engineer.
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7.5 BLASTING
Ida)/J5
Before any blasting is proceeded with by the Developer, the Developer shall
obtain from the Township Engineer or Township Public Works Official, written
permission for carrying out the blasting operation, and shall obtain the blasting
permit and show proof of insurance for all damage or claims for damage resulting
from the blasting operation. The Developer, in any event, shall be responsible for
any such claims.
7.6 ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable
to the Township Engineer and Township Public Works Official during the time of
construction, including dust control and the removal of any mud or debris tracked
from the subdivision, and no roadway outside the limits of the proposed
subdivision may be closed without the written consent of the Township Public
Works Official. For the purpose of getting such consent, the Developer shall
advise the Township Public Works Official 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.
7.7 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 Engineer shall arrange for an inspection with the
Township Public Works Official and Township Engineer for the purpose of
compiling an inventory of existing conditions prior to work on the subdivision.
Otherwise, the Township Public Works Official's assessment of conditions prior to
construction will be final.
7.8 DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground
Works) has been issued, the Developer shall apply calcium to the roads within
the subdivision and/or utilized by construction traffic, in quantities sufficient to
prevent any dust problem to traffic or home occupants, to the satisfaction of the
Township Engineers.
If the Developer has not taken remedial action within twenty-four (24) hours of
receiving a written notification (via facsimile) from the Township's Engineer
regarding a dust control problem, then the Township's Engineer, at their sole
discretion, shall employ outside forces to implement, at the Developer's expense,
a suitable measure of dust control.
7.9 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 is not responsible for the
removal or disposal of refuse, garbage and debris. Open air buming is not
permitted by the Township. The Developer agrees to deliver a copy of this
clause to each and every builder obtaining a Building Permit for any lot or part of
a lot on the said Plan of Subdivision.
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7.10 INSPECTION OF CONSTRUCTION OF SERVICES
/ de<) ~ ;;(P
During construction of the services, the Township may inspect the work in hand
at such times and with such duration and frequency as the nature of the type of
construction may dictate. Subject to the obligations of the Township Engineer to
protect the interests of the Township through such inspections, every effort will
be made to keep duplication of engineering services on site to a minimum. If,
during such inspections, the Township Engineer perceives that construction,
whether by method or otherwise, constitutes an immediate danger to life or
property, or construction does not conform to acceptable practice in order to
meet the requirements for services, he will have the authority to cease
construction operations by verbal notice to the contractor and/or the Developer's
Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter.
A copy of this clause shall be delivered by the Developer to each and every
contractor engaged in construction of services for the subdivision.
7.11 DECLARATION OF PROGRESS AND COMPLETION
7.11.1 Prior to the approval of the underground services, the Developer shall
provide the Township Engineer with an undertaking for the completion
dates of all remaining works required by this Agreement and in a form
similar to that attached to this Agreement as Schedule "H", the
Declaration of Progress and Completion, for approval of the Township
Engineer. The Township reserves the right to alter the completion dates
as it sees fit and the Developer agrees to complete the services.
7.11.2 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 Fifty Dollars ($50.00) for
each and every day the said services are behind schedule of
construction, and NO FURTHER BUILDING PERMITS SHALL BE
ISSUED.
7.12 PROGRESS OF WORKS
After the completion of the underground services, the Developer shall complete
the Declaration of Progress and Completion for the approval of the Township
Engineer and from that date, the said Declaration shall apply and take
precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and
Completion, the Developer shall install all works in accordance with the Schedule
of Works or as directed by the Township Engineer. If he fails to adhere to the
scheduling provisions outlined in the Schedule of Works or the Declaration, or
having commenced to install the aforesaid works, fails or neglects to proceed
with reasonable speed, or in the event that the aforesaid works are not being
installed in the manner required by the Township Engineer, then upon the
Township Engineer giving seven (7) days written notice by prepaid registered
mail to the Developer, the Township Engineer may, without further notice, enter
upon the said land and proceed to supply all materials and to do all necessary
works in connection with the installation of the said works; including the repair or
reconstruction of faulty work and the replacement of materials not in accordance
with the specifications, and to charge the costs thereof, together with an
engineering fee of ten percent (10%) of the cost of such materials and works to
the Developer who shall forthwith pay the same upon demand. If the Developer
fails to pay the Township within thirty (30) days of the date on the bill, the money
owing may be deducted from the cash deposit or Letters of Credit. It is
understood and 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 works by the Township.
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The Township, in addition to all other remedies it may have, may refuse to issue
Building Permits until such works are completely installed in accordance with the
requirements of the Township Engineer. It is agreed that a copy of this clause be
delivered by the Developer to each and every builder obtaining a Building Permit
for any lot or part of a lot on the said Plan,
7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the electricity and street lighting, sanitary and storm sewer
systems, detention pond and waterworks will be constructed, inspected and
approved prior to the completion of the other works, including roads and
boulevards.
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal Underground
Services). The two (2) year maintenance period for the underground services will
commence when this Certificate is issued.
During the maintenance period, the Developer shall be responsible for the normal
operation and maintenance, and all repairs for the services noted in the
Certificate.
If, during the two (2) year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Developer's securities, as set out under Clause 9.3.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services, in this case, until the Township has assumed the
responsibility of the services.
7.14 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any time, or
from time to time for the purpose of making emergency repairs to any of the
works. Such entry and repairing shall not be deemed an acceptance of the
works by the Township or any assumption by the Township of any liability in
connection therewith, or a release of the Developer from any of his obligations
under this Agreement.
7.15 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
I. The works may be used prior to acceptance by the Township or other
authorized persons for the purpose for which such works are designed.
II. Such use shall not be deemed an acceptance of the works by the Township,
and;
III. Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the works so used.
7.16 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded
to drain in accordance with the overall Grading Plan 01075-L 1 and L2
prepared by the Developer's Engineer, and approved by the Township Engineer
26
I~)/;d
and the Township of Oro-Medonte. Some fill and regrading 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 Engineer.
It is understood and agreed by the parties hereto that drainage of surface water
on the lots and blocks on the Plan is the sole responsibility of the respective lot
owners once the required drainage works have been constructed by the
Developer.
The storm swales shall be landscaped and maintained by all subsequent lot
owners. The purpose of the storm swales is to accommodate storm drainage
waters from the subject lot and adjacent lands. No lot owner in the subdivision
shall encumber or impede 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 storm swale, or
interferes with the acceptance of water from any connecting swales, then the
Township shall have the right, if it so elects, to enter upon the subject lands to
rectify such problems so that the swales can serve their original purpose.
Within the swale area, the Developer, and any subsequent lot owner, shall not
construct any works, remove, or permit to be removed, any soil from the said
swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled,
installed or erected in, over, upon, under or through the said swale/easement,
any fence, well, foundation, pavement, building or other structure or other
installation.
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 326 of the Municipal
Act.
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.
Generally, the drainage facilities will consist of open ditches within the
subdivision or storm sewers in certain locations to provide a satisfactory drainage
outlet, and will be in accordance with the Drainage Plan 01075-L 1 & L2 prepared
by the Developer's Engineer, and approved by the Township Engineer and the
Township of Oro-Medonte.
7.17 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i)
The term "Underground SelVices" shall mean the storm drainage works
(including culverts, storm sewer and detention pond), waterworks, sanitary
sewers, underground electrical distribution system, and street lighting
serving the Plan of Subdivision, as more particularly described in Schedule
"c" to this Subdivision Agreement.
27
(ii)
The tenn "Certificate of Substantial Completion and Acceptance (MU!ci~ ) , d1
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
provisions of this Subdivision Agreement, as more particularly identified in
Schedule "C", have been substantially completed in accordance with plans
and specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Municipal Underground Services) shall not constitute an assumption of the
Municipal Underground Services by the Township.
(iii)
The term "Certificate of Maintenance and Final Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services constructed by the Developer, in
accordance with the terms of this Subdivision Agreement, and as more
particularly identified in Schedule "C", have been satisfactorily completed
and maintained by the Developer during the two-year (2) maintenance
period, and issuance of the said Certificate shall constitute final acceptance
and assumption of the Municipal Underground Services by the Township.
(iv)
The term "Aboveground Services" shall mean all Municipal services to be
constructed by the Developer pursuant to the terms of this Subdivision
Agreement, as more particularly identified in Schedule "C", excluding
Underground Services.
(v)
The term "Certificate of Substantial Completion and Acceptance
(Aboveground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Aboveground Services to be installed by the Developer under the provisions
of this Subdivision Agreement, as more particularly identified in Schedule
"C", have been substantially completed. in accordance with plans and
specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Aboveground Services) shall constitute an assumption of the Aboveground
Services by the Township for winter maintenance only.
(vi)
The term "Certificate of Maintenance and Final Acceptance (Aboveground
Services)" shall mean a Certificate issued by the Township upon the
recommendation of the Township Engineer confirming that the
Aboveground Services constructed by the Developer in accordance with the
terms of this Subdivision Agreement, and as more particularly identified in
Schedule "C". have been satisfactorily completed and maintained by the
Developer during the two-year (2) maintenance period. and issuance of the
said Certificate shall constitute final acceptance and assumption of the
Aboveground Services by the Township.
The term "Certificate of Substantial Completion and Acceptance" means a
Certificate of Substantial Completion and Acceptance (Municipal
Underground Services) or a Certificate of Substantial Completion and
Acceptance (Aboveground Services). as the provisions of this Subdivision
Agreement require.
(vii)
28
1~-3J
(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) or a Certificate of Maintenance and Final Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement
require.
29
PART-8
IJ4) ,,3/
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE
The Developer further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building Permit for any
part or portion of the said lands or on any lot therein, and no Building Permit shall
be issued until a Certificate of Substantial Completion and Acceptance
(underground service) has been issued.
The Developer's Engineer shall prepare an overall lot Development Plan for
approval by the Township of Oro-Medonte and the Township Engineer, as a
further requirement to Clause 7.16. The Plan shall include the following:
a) envelopes for the proposed house and any adjacent structures on each lot..
b) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
c) existing and proposed grades on lot corners and mid-lot elevation.
d) location and type of proposed water and sanitary sewer connection
8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed
Site Development Plan for each lot may be required to be prepared by a
Professional Engineer registered with the Association of Professional Engineers
of Ontario, for approval by the Township Engineer, for each respective lot. Site
Development Plans, which conform to the overall Lot Development Plan at an
approved metric scale using metric dimensions and elevations, shall include the
following:
a) the location, dimensions and elevations of the proposed dwelling and any
structures to be located on the lot, as well as any adjacent structures on the
adjacent lot(s). A set of house plans, including wall sections, shall be
submitted with the Site Development Plan.
b) the location, size and elevation of the sanitary service to the dwelling.
c) the location and type of water service line to the dwelling.
d) the existing and proposed grades of the disturbed area on the lot after
building, drainage and sewage works have been completed.
e) the location and grades of any proposed drainage swales.
f) the Professional Engineer will be required to check the elevations of the
footings of the buildings prior to further construction to ensure conformity with
the approved Plans noted above.
g) the Professional Engineer will be required, prior to the issuance of a Final
Inspection Report, to certify to the Township of Oro-Medonte, in writing, that
the foregoing works have been carried out in accordance with the approved
Plans noted above.
The Developer further agrees to construct all works required under Clause 7.16,
and as shown on the approved General location and Lot Grading Plan 01075-L 1
& L2 , Storm Drainage Area Plan 01075-G4 and Erosion Control Plan 01075-G3,
all prepared by URS Cole Sherman to the satisfaction of the Township of
Oro-Medonte and the Township Engineer.
30
8.2 REQUIREMENTS FOR BUILDING PERMITS
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The approval of the Plan by the Township, or the acceptance by the Township of
the works, shall not be deemed to give any assurance that the Building Permits,
when applied for, will be issued in respect of the lots or blocks shown on the
Plan.
Notwithstanding the foregoing, no Building Permits will be given and the Chief
Building Official may refuse any application until:
(i) Township of Oro-Medonte approvals have been obtained and submitted to
the Township.
(ii) The Storm Water Management System, Sanitary Sewer System and
Waterworks have been installed, tested and approved by the Township
Engineer and he has issued his Certificate of Substantial Completion and
Acceptance (Municipal Underground Services).
(iii) Plans for remaining underground services such as Bell Telephone,
Electricity or Natural Gas have been approved.
(iv) A "Builders" road consisting of the grading, curb and gutter or ditch
shaping and full depth of Granular "B" sub-base, has been constructed on
the road providing access to the lot.
(v) Approval of the Township Engineer has been obtained for the construction
of any buildings to be erected on lots or blocks listed in Schedule "E"
hereto.
(vi) Signs denoting "Unassumed Roads" have been installed at the entrances
to the subdivision in a location acceptable to the Township, in accordance
with Clause 4.1.7.
(vii) A Certificate Letter and Lot Development Plan has been given by the
Developer's Consulting Engineer or a Professional Engineer registered
with the Association of Professional Engineers of Ontario, that the building
to be erected on any lot or block within the Plan, for which a Building
Permit has been applied for, is in conformity with the General Location and
Lot Grading Plans, or has received the approval of the Township Engineer
with respect to any variance to the Grading Plan.
The individual Lot Development Plan must be approved by the Township
Engineer prior to the issuance of a Building Permit.
(viii) All dead trees within the limit of the Plan have been removed.
(ix) Arrangements have been made and approved by the Township for
Municipal Address System numbering, as set out in Clause 8.4.
(x) The Traffic and Street Name signs have been installed and approved by
the Township Engineer.
(xi) Any development charges have been paid, in full, in accordance with the
applicable development charge By-Laws, enacted pursuant to the
Development Charges Act, 1997, as well as By-Laws enacted pursuant to
Section 257.53 of the Education Act, or alternate arrangement satisfactory
to the body enacting the development charge By-Law, have been made
and the same has been communicated to the Chief Building Official for the
Township of Oro-Medonte, in writing, by such a body.
31
8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL
ATTENTION
1;a)-33
All lots within the Plan will require special attention in order to be serviced and/or
built upon as outlined in Schedule 'E' of this Agreement. Prior to the issuance of
a Building Permit for a specific lot, a Professional Engineer must submit an
engineered footing and foundation wall design for those lots where the house
footings will not be in stable native soils and/or engineered fill.
8.4 MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address system
numbers for each and every lot from the Municipal Office. As a further
requirement, in order to obtain a Provisional Certificate of Occupancy, the
Developer and/or builder or lot owner, shall install the aforementioned number at
a location approved by the Township. The Developer agrees to provide a copy of
this clause to each and every builder or lot owner in advance of the sale of such
lot( s ).
8.5 REQUIREMENTS FOR OCCUPANCY
8.5.1 No buildings erected on the lots or blocks within the Plan shall be
occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has
been issued by the Township in accordance with the Township Building
and Plumbing By-Law.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued
to allow occupancy of a building.
8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
(i) The roadway has received the granular road base materials full
depth and the base course of asphalt, provided asphalt is
commercially available.
(ii) The underground hydro, telephone lines, gas mains and street
lights have been installed and approved by the Township Engineer.
(iii) A Certificate Letter and individual Lot Development Plan has been
given by the Developer's Consulting Engineer, or a Professional
Engineer registered with the Association of Professional Engineers
of Ontario, that the building constructed, and the final grading of the
lot or block, is in conformity with the General Location and Lot
Grading Plans, or such variance therefrom has been approved by
the Township Engineer.
The final grading on the individual Lot Development Plan must be
approved by the Township Engineer prior to the issuance of a
FINAL CERTIFICATE OF OCCUPANCY.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued
when all outstanding items on a Provisional Certificate of
Occupancy, including grading, have been completed.
(iv) Driveway culvert and end protection has been provided to the
satisfaction of the Township, in accordance with the Township's
Road Occupancy Permit.
(v) The trees have been planted on the lot by the Developer in
accordance with Clause 7.3.
32
/ ;)a) -5t(
(vi) Any deficiencies on a Provisional Certificate of Occupancy has
been complied with. It is agreed that a copy of Part 8 shall be
delivered by the Developer to each and every builder obtaining a
Builder's Permit or any prospective purchaser of the dwelling for
any lot or part of a lot on the said Plan.
8.6 OCCUPANCY LIQUIDATED DAMAGES
Notwithstanding the above, if for any reason whatsoever, occupancy of any
building occurs before the vital services listed in Clause 8.5 are installed to the
home occupied to the satisfaction of the Township Engineer, then the Developer
agrees to pay to the Township, liquidated damages in the amount of One
Hundred Dollars ($100.00), 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 Engineer that the vital services are
satisfactorily installed. If the Developer fails to pay to the Township, monies
owing under this clause within thirty (30) days of the date of the bill, the money
may be deducted from the cash deposit or Letter of Credit or other deposited
security.
33
. .'
PART.9
/~) -~.
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the underground
services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance (Municipal Underground Services) be issued. It should be noted that
the Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) can be applied for by the Developer two (2) years after the receipt of
the Certificate of Substantial Completion and Acceptance (Municipal
Underground Services).
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services in this case until the Township has assumed the
responsibility of the services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
When all of the services have been completed, including the surface lift of
asphalt in accordance with this Agreement or in a particular stage, the Township
Engineer and Public Works Official shall make an inspection to ensure that the
Township will accept the road system. The Township Engineer shall issue a
Certificate of Substantial Completion and Acceptance (Aboveground Services)
when the works are accepted by the Township. This Certificate may contain a
list of minor deficiencies, which have to be corrected by the Developer, but which
are not considered of sufficient importance to delay the issuance of the
Certificate and the acceptance of the services by the Township. The two (2) year
maintenance period will commence when the Township Council approves the
issuance of the Certificate.
9.3 MAINTENANCE OF WORKS
The Developer will be responsible for the repair and maintenance of all the
subdivision services for a period of two (2) years from the date the Township
Council approves the Certificate of Substantial Completion and Acceptance. This
shall be called the Maintenance Period. The maintenance shall include the
maintaining and mowing of grass within the road allowances, as well as the
parkland area and detention pond, on a regular basis. If the Township is
requested to carry out this maintenance, the Developer shall pay all charges to
the Township.
If, during this period, the Developer fails to carry out maintenance work within
forty-eight (48) hours after receipt of a request from the Township, then the
Township Engineer may, without further notice, undertake such maintenance
work and the total cost of such work, including Engineering fees, shall be borne
by the Developer. If the Developer fails to pay the Township within thirty (30)
days of the date of billing, then the money owing may be deducted from the cash
deposit or Letter of Credit. During the maintenance period, ten percent (10%) of
the original estimated cost of the works shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written
request to the Township for a final inspection to be made and notwithstanding the
two (2) year period noted above, the maintenance period will continue for the
34
original two (2) years, or for thirty (30) days after the receipt of the Developer's I~).... 3~
written request for a final inspection, whichever period of time is the greater.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services in this
case until the Township has assumed the responsibility of services.
9.4 WINTER ROAD MAINTENANCE
An exception to the liability of the Developer for all maintenance and repair of the
services during the two (2) year maintenance period will be winter control, which
operation will be the Township's responsibility after the issuance of the Certificate
of Substantial Completion and Acceptance (Aboveground Services). Winter
control shall include snow plowing, sanding and any other winter maintenance
operations. It is agreed by the Developer that the winter control operations shall
not prejudice the Township's rights to enforce the maintenance provisions. Prior
to the issuance of the Certificate of Substantial Completion and Acceptance
(Aboveground Services) however, the Developer shall be responsible for the
winter control also. In the event that proper vehicular access or winter control is
not provided by the Developer, the Township, through its servants, contractors,
or agents, may provide without notice to the Developer. Such winter control shall
be only carried out at times deemed to be an emergency by the Public Works
Official. All costs of such work shall be paid by the Developer within thirty (30)
days of the date of billing or otherwise may be deducted from the cash deposit or
Letter of Credit
The cost of such works to be at the following rates:
Machinery and Equipment
Labour
Mixed Sand and Salt
Payroll Burden - 41 %
Administration - 7%
G.S.T. - 7%
$40.00/hr.
$20.00/hr.
$12.00/m3
The Township may adjust these rates from time to time.
The Developer further agrees that any work done by the Township pursuant to
this Agreement before the roads are accepted by the Township, shall not be
deemed in any way to be an acceptance by the Township of the roads in the said
subdivision upon which such work is done. The Developer acknowledges that
the Township, whilst providing winter control, may damage or interfere with the
works of the Developer and covenants that he will make no claims against the
Township for such interference or damage, providing the work is carried out in a
normal and reasonable manner.
9.5 REPLACEMENT OF SURVEY BARS
Prior to the final acceptance of the subdivision by the Township, the Developer
agrees to supply a statement from an Ontario Land 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.
35
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
!~~3:t
Upon receipt of the Developer's request for a final inspection of the Aboveground
Services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance be issued.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services, in this
case, until the Township has assumed the responsibility of the services.
9.7 RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the
requisite public services to the lands, shall be entitled to an effective release in a
form suitable for registration in the Land Registry Office for each Jot or block,
which is in conformity with the overall Grading Plan for the lands or such variance
therefrom as has been approved by the Township Engineer.
Every such release shall operate as a discharge of all levies hereunder by the
Township in respect to each lot or block described in the release, with the
exception of the responsibility for drainage as outlined in Clause 9.8 and the
completion and maintenance of the services.
9.8 DRAINAGE. RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT
OWNERS
It is understood and agreed that the drainage of surface waters upon and from the
said lands shall remain the sole responsibility of the Developer and the subsequent
owners, from time to time, of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from the said lands in accordance with the provisions of
Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.16 to each and every prospective
builder/prospective purchaser of a lot or block within the Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within the Plan
of Subdivision upon which the Township elects to enter for the purpose of rectifying
the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a
result of the Township or of its servants or agents entering upon the lands for the
purpose of correcting drainage problems. The cost of such work will be for the
account of the Developer and/or subsequent lot owner. Any invoices not paid
within thirty (30) days after due date, shall be added to the tax roll and collected in
a like manner as realty taxes as per Section 326 of the Municipal Act.
36
. .'
PART -10 - DEFAULT PROVISIONS
\ )
1~)-'3Z
10.1 DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement,
and in addition to any other remedies, when the Developer is deemed by the
Township to be in default of this Agreement, the Township reserves the right to
realize upon any securities deposited on or on behalf of the Developer to recover
costs incurred by the Township, in accordance with the provisions of Section 5.6 of
this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or
Occupancy Permits, and the Developer agrees not to apply for any Building
Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until
such time as the Developer is in full compliance with the provisions of this
Subdivision Agreement.
10.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and ensure to the benefit of the parties
hereto and their respective heirs, executors, administrators and assigns.
10.3 SUBSTITUTION FOR APPROVALS
Wherein this Agreement reference is made to any named Ministry of the Province,
Township of Oro-Medonte or other public body, such reference where the same
requires their approval, is deemed to be a reference to any other Ministry or body
as may be substituted by legislative change or policy of the Provincial Government
or of the Township.
10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the
Township in satisfying the obligations of the Developer in the event of default of the
Developer under the terms of this Subdivision Agreement, together with any costs,
charges or expenses incurred by the Township in enforcing the obligations of the
Developer under this Agreement, shall be a first charge or lien against the said
lands in accordance with the provisions of Section 326 of the Municipal Act.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have
hereunto caused to be affixed the corporate seals, duly attested to by the proper signing
officers.
SIGNED, SEALED AND DELIVERED this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
J. Neil Craig
Title Mayor
Per
Marilyn Pennycook
37
.
, .
SCHEDULE "A"
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NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH I
Part lot 3 concession 4, Oro. Designated
as part of Part 8 and all of Parts 6, 7, 20, and
21 on Plan 51 R-30671
Subject to an easement over parts of 7 and 20
Plan 51 R-30671 as in instrument #l T 522875
together with an easement over parts 1 and 2
Plan 51 R-30671 as in instrument # L T 522878
being part of PIN #74055-0119(lt)
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:
38
SCHEDULE "8"
/ Ji) ~'L/o
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH 1
PLAN OF SUBDIVISION
51-M
39
SCHEDULE "C"
'\
/ ;}o.) /(/1
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH I
WORKS TO BE CONSTRUCTED
Complete roadway construction, including excavation, granular roadbed,
materials, curb and gutter as required, two (2) lifts of asphalt, topsoil and
seeded boulevards with sod, and erosion control measures as required
Storm drainage works, including ditches, culverts, and storm sewers
Storm water management ponds by others (Horseshoe Resort)
Water works including hydrant, valves and services
Street and traffic signs
Underground Hydro, telephone and street lighting
Sanitary sewers and services
Sanitary sewer extension by others (AWS)
All of the above works are incorporated onto the following drawings prepared by
URS Cole Sherman Project # CN 30701075 Municipal Affairs No. 43-0M-20001
01075-G1
01075-G2
01075-G2A
01075-G3
01075-G4
01075-L 1
01075-L2
01075-P1
01075-P2
01075-P3
01075-P4
01075-P5
01075-P6
01075-P7
01075-P8
01075-01
01075-02
01075-03
01075-04
01075-05
General plan
Sanitary Drainage plan
Phase 1 sanitary drainage plan
Erosion and sediment control plan
Storm drainage plan
Lot grading plan
Lot grading plan
Landscapes Drive
Oakmont Drive
Tanglewood Crescent
Tanglewood Crescent
Tanglewood Crescent
Sanitary outlet
Storm outfall
Emergency access road
Standard details
Standard details
Standard details
Standard details
Standard details
The above referenced drawings were stamped, as accepted, by the township
engineers, R. G. Robinson and Associates (Barrie) Ltd. on October 1, 2002.
40
SCHEDULE "0"
I d-a}f'-f<Y
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEOONTE
AND LAUREL VIEW HOMES (HV) INC.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS
The following list summarizes the cost estimate of the major works, but is not
necessarily inclusive:
A) Roadway construction complete, including clearing
and grubbing, excavation, granular road base
materials, concrete curb and spillways and two lifts
of asphalt............... ................................................................ .$434,400.00
B) Storm Drainage works complete, including storm
sewers, ditch inlet catchbasins, culverts, detention pond,
topsoil, seed and mulch, sod, ditching and siltation and
erosion control devices........................................................$ 271,000.00
C) Sanitary works complete, including sewer and manhole...... $ 192,100.00
D) Waterworks, including watermains, valves, hydrants and
valves, water services and modification to pumphouse....... ...$ 149,100.00
E) Miscellaneous items such as street name and
regulatory signs.................................... ............................$ 36,100.00
F) Electrical supply, including street lights,
control panels and duct crossings....................................... .....$ 76,448.00
G)
Parkland works, including grading, trees, fence
and park sign................................... ................. ..............$
N/A
SUB-TOTAL
$1,159,648.00
G) Allowance for Engineering and supervision.........15%......... $ 173,947.20
7% G.S.T.
$1,133,595.20
$ 93,351,67
TOTAL
GRAND TOTAL COST
$1,426,946.87
41
SCHEDULE "E"
( Jd) -4(3
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
Refer to Section 8.3 which outlines specific requirements for all lots on the Plan in order
to obtain Building Permits for each and every lot.
42
,
. ,
SCHEDULE "F"
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NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) 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 the first Building Permit for each
particular 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 By-Law 99-081 of the Township of Ora-
Medonte 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 By-law [#3203-00] of 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 By-law #3 (2000) of 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 be advised that specific rates applicable to each lot in the Plan of Subdivision
can be obtained by contacting, for the Township of Ora-Medonte, the Treasurer; for the
Simcoe-Muskoka Catholic District School Board, the Associate Director of Education;
and in the case of the Simcoe County District School Board, the Superintendent of
Facility Services.
Please also be advised that development charge By-Laws may be enacted after the
date of this subdivision by the County of Simcoe or by a Public Utility Commission
pursuant to the Development Charges Act, 1997, which may impose a charge on the
development of the lands within the plan of subdivision;
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, may be
amended or superceded by subsequent By-Laws enacted in accordance with the
respective legislation.
43
SCHEDULE"G"
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NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) 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 Do{fars ($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 easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
Block 71
Block 72
Block 73
Part 2
Part 1
Part 2
Part 3
Part 4
51M
51M
51M
51R-31656
51R-31650
51R-31650
51R-31650
51 R-31650
8M Block
0.32M Reserve
0.30M Reserve
8M Block
0.30 Reserve
3.0M Road Widing
0.30 Reserve
3.0M Road Widing
2.0 STORM EASEMENTS
Block 68
Block 69
Part 1
51M
51M
51R
3.0M Storm Easement Lot 58
2.1 STORM EASEMENTS FROM HORSHOE VALLEY LANDS LTD
Part 1
Part 7
51R-30671 Storm Water Management Facility
51R-30671 Easement
3.0 SANITARY EASEMENT TO BE CONVEYED TO AWS CANADA CORP
Block 67
Block 70
Part 1
Part 2
51M
51M
51 R-30671
51R-30671
44
",
.
SCHEDULE "H"
! ;;d) ,y&
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
LANDSCAPES AT HORSESHOE VALLEY
DEVELOPER
LAUREL VIEW HOMES (HV) INC.
CONSULTING ENGINEER COLE, SHERMAN & ASSOCIATES LIMITED
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND
LAUREL VIEW HOMES (HV) INC.
The Developer(s} dated
1. The Developer hereby agrees and undertakes to complete the construction of the
Works as required by the above-mentioned Agreement in accordance with the
time schedule for the completion of services as approved by the Township
Engineer and more specifically in accordance with the following schedule and
conditions:
a) 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.
b) Granular "B" and Granular "A" on or before September 18, 2002
c) Grading, topsoiling and seeding of private blocks and parks on or before
October 15,2004
d} Boulevard sodding on all roads on or before October 15, 2004
e) Hot asphalt on or before October 15, 2004
f) Planting oftrees on or before October 15,2004
2. The Developer further agrees that the Township is hereby authorized to carry
out, at his expense, any of the work set out in this Declaration not finished on or
before the completion dates, to be commenced not sooner than one week
following such completion date, it being understood and agreed that the
Township's authorization is limited only to that work required under the
Declaration;
3. The Developer undertakes to properly maintain the gravel road base at all times
and to keep all roads in a mud-free and dust-free condition until such times as
the roads, including boulevards, have been completed;
45
J
I .'....
4.
The Developer further agrees and the Township is hereby authorized to
undertake any of the maintenance work as set out under Item 3 hereof, not
completed by him within 24 hours after receipt of such request for maintenance,
at his expense, and without limiting the generality of the foregoing, the
Township's cost shall be the cost of materials, equipment rental, labour, payroll
burden, plus 20% for overhead;
(Jq) -~
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 Fifty Dollars
($50.00) 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.
DEVELOPER
Seal or Witness
Date
46
( ... -..'
SCHEDULE "I"
I ~)-<{z/
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township,
then:
a) six copies to be delivered to the solicitor for the Township.
b) six copies to be delivered to the Township.
c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered
to the solicitor for the Township.
47
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INT'L TRADE CENTRE - ONTARIO
180 WELLINGTON ST W.,
9TH FLOOR,
TORONTO, ONTARIO, M5J 1J1
CANADA
)ATE OF ISSUE: DECEMBER 20, 2002
OUR REFERENCE NUMBER:
P173752T07512
DATE OF EXPIRY: DECEMBER 19, 2003
PLACE OF EXPIRY: TORONTO, ONTARIO
3ENEFI CIARY :
rHE CORPORATION OF THE TOWNSHIP OF
)RO-MEDONTE
1:>.0. BOX 100
)RO, ONTARIO LOL 2XO
APPLICANT:
LAUREL VIEW HOMES (HV) INC.
4001 CHESSWOOD DRIVE
TORONTO, ONTARIO
M3J 2R8
AMOUNT: CAD 474,904.72
FOUR HUNDRED SEVENTY FOUR THOUSAND NINE
HUNDRED FOUR AND 72 / ~ 00 'S CANADIAN
DOLLARS
IRREVOCABLE STANDBY LETTER OF CREDIT NO. P173752T07512.
WE HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK OF CANADA, INTERNATIONAL TRADE
CENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO, MSJ ~J~, FOR THE
ACCOUNT OF LAUREL VIEW HOMES (HV) INC., UP TO AN AGGREGATE AMOUNT OF FOUR
HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED AND FOUR AND 72/~00' S, CANADIAN
DOLLARS (CAD.474,904.72) AVAILABLE ON DEMAND.
PURSUANT TO THE REQUEST OF OUR CUSTOMER, THE SAID LAUREL VIEW HOMES (HV) INC.,
WE, ROYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON
STREET WEST, TORONTO, ONTARIO MSJ 1J1, HEREBY ESTABLISH AND GIVE YOU AN
IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOUR IN THE TOTAL AMOUNT OF
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:AD.474,904.72 WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME
JPON WRITTEN DEMAND FOR PAYMENT MADE UPON US BY YOU WHICH DEMAND WE SHALL HONOUR
lITHOUT ENQUIRING WHETHER YOU HAVE A RIGHT AS BETWEEN YOURSELF AND OUR SAID
~STOMER TO MAKE SUCH DEMAND, AND WITHOUT RECOGNIZING ANY CLAIM OF OUR SAID
~STOMER OR OBJECTION BY THEM TO PAYMENT BY US.
JEMAND SHALL BE BY WAY OF A LETTER SIGNED BY AN AUTHORIZED SIGNING OFFICER OF
rHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. THE ORIGINAL LETTER OF CREDIT
"lUST BE PRESENTED TO US AT ROYAL BANK OF CANADA, INTERNATIONAL TRADE
~ENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO MSJ 1J1. THE LETTER
)F CREDIT, WE UNDERSTAND, RELATES TO A SUBDIVISION AGREEMENT BETWEEN OUR SAID
~STOMER AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, RE: LAND
REGISTRATION.
THE AMOUNT OF THIS STANDBY 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 ARE 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 OR COURIER THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT TO BE
RENEWABLE FOR ANY ADDITIONAL PERIOD.
EXCEPT AS OTHERWISE EXPRESSLY STATED THIS CREDIT IS ISSUED SUBJECT TO UNIFORM
CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), ICC PUBLICATION
NO. 500.
WE ENGAGE TO HONOUR PRESENTATIONS SUBMITTED WITHIN THE TERMS AND CONDITIONS
INDICATED ABOVE.
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TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
PD 2003-04 Council Andria Leigh
Subject: Department:
Council
Final Approval of Laurel View Planning
C. of W.
Homes (Phase 1) 43-0M-20001
Concession 4, Part of Lots 3
and 4 (Oro)
Development Application P- Date: January 27,2003
Motion # 126/01
R.M. File No.
Date: D1211503
BACKGROUND/ANALYSIS:
On April 5, 2001 Council received and approved a report from the Senior Planner recommending
draft plan approval of a plan of subdivision at Concession 4, Part of Lots 3 and 4 (Oro) located south
of Highland Drive for 595 residential lots. This approval was subject to a number of conditions, which
were required to be satisfied prior to final approval of the plan of subdivision. A copy of the draft plan
conditions are attached for Council's reference.
Since April 2001 the original developer (Horseshoe Resort) has sold the initial phase (Phase 1 of 66
lots) to Laurel View Homes. Laurel View Homes has been working towards completion of all
conditions of draft plan approval strictly for Phase 1.
Condition 1 is satisfied with the submission of the draft M-Plan for registration of the subdivision
showing the area involved for Phase 1 only being 66 lots.
Conditions 2 -4 and 8 are to be satisfied with the inclusion of Schedule G in the Subdivision
Agreement which is attached to Report to Council # EES 2003-06 also being considered at the
- Council meeting on February 5, 2003.
. Cond:tion 5 was satisfied with the adoption of a Zoning By-law Amendment which re!oi:f~; r
subject property to the Residential One Exception (R1*140) Zone but placed a Holding Provision on
all lands except the 66 lots in Phase 1.
Condition 6 is to be satisfied with the adoption of the Subdivision Agreement which is attached to
Report to Council #EES2003-06.
Condition 7 is satisfied with the provisions of Section 6 of the Subdivision Agreement.
Conditions 9-12 are satisfied with the wording in clauses 1.12 and 4.1 .3 of the Subdivision
Agreement.
Condition 13 is to be satisfied with the Sewar Agreement attached to Report to Council # EES2003-
05 which is being considered at the Council Meeting on February 5, 2003.
Conditions 14 and 15 are satisfied with the wording in the Subdivision Agreement that was reviewed
by the Township Engineers.
Conditions 16-20 and 26 are satisfied with the letter of release submitted by the Nottawasaga Valley
Conservation Authority dated November 27, 2002 (attached) and through the wording in the
Subdivision Agreement.
Conditions 21 and 25 are satisfied with the letter of release submitted by the Simcoe Muskoka
Catholic District School Board dated September 26, 2002 (attached) and through the wording in the
Subdivision Agreement.
Conditions 22 and 24 are satisfied with the letter of release submitted by the Simcoe County District
School Board dated September 23, 2002 (attached) and through the wording in the Subdivision
Agreement.
Conditions 23 and 27 are satisfied with the letter of release submitted by the County of Simcoe dated
December 24,2002 (attached) and through the wording in the Subdivision Agreement.
On this basis, all conditions of the draft plan approval granted on April 5, 2001 have been satisfied.
The Township, as the approval authority, is now in the position to approved the plan for final
registration subject to execution and registration of the subdivision agreement. It is recommended
that authority be given to the Mayor and Clerk to sign the final mylar plan to permit registration of
Phase 1 of this plan of subdivision upon execution and registration of the subdivision agreement.
2
I d6)~3
.RECOMMENDATION (5):
,
1. THAT this report be received and adopted; and
2. That the draft plan of subdivision (43-0M-20001), Concession 4, Part of Lots 3 and 4 (Ora) be
approved for final registration; and
3. That upon execution and registration of the Subdivision Agreement, the Mayor and Clerk be
authorized to sign the final plan to permit registration of the Plan of Subdivision.
Respectfully submitted,
.-/! J- -tot
Andria Leigh, MCIP,RPP
Senior Planner
C.A.O. Comments:
Date:
}~Q)I 03
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Dept. Head
3
Applicant: Laurel View Homes
File No.: 43-0M-20001
Municipality: Township of Oro-Medonte
Subject Lands: Concession 4, Part of Lots 3 & 4 (Oro)
Date of Decision: March 20, 2002
Date of Notice: April 4, 2002
Last Date of Appeal: April 24, 2002
/'}/'\ (I
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NOTICE OF CHANGES TO THE CONDITIONS OF APPROVAL
With Respect to a Plan of Subdivision
Subsection 51(45) ofthe Planning Act
On March 20, 2002 the Township of Oro-Medonte changed the conditions of approval of the draft plan of subdivision in the
above noted application.
That a redline revision to the Draft Approved Plan which has the effect of reducing the number of lots from 71 lots to 66 lots
in Phase 1, relocating the fire access route, and removing the portion of Street C between Street A and Street B is approved as
identified on the attached plan.
That condition 1 of the previous conditions approved February 28, 2001 is replaced with the following condition:
----1-.-- ThaHhis draftplan-approval-applies-to-thei:lraftplan-43-0M,,20001prepared-by-----.. . -----
Shawn P. Watters & Associates, P.K. Menzies Planning and Development, The Landplan Collaborative Ltd., and
Dino RS. Astri, dated June 30 2000, showing 595 lots and 32 blocks on Part of North Half and South Half of Lot 3
and Part of Lot 4, Concession 4 in the fonner Township ofOro (now Township ofOro-Medonte) and amended by
the draft M-plan prepared by Dino Astri for Phase I dated January 15,02.
When and How to FOe an Appeal
Notice to appeal the changed conditions to the Ontario
Municipal Board must be filed with the Township of Oro-
Medonte no later than 20 dates from the date of this
notice as shown above as the last date of appeal.
The notice of appeal should be sent to the attention of the
Township Planner, at the address shown below and it
must,
(I) set out the reasons for the appeal, and
(2) be accompanied by the fee prescribed under the
Ontario Municipal Board Act in the amount of
$125.00, payable by certified cheque to the Minister
of Finance, Province of Ontario.
Who Can FOe an Appeal
Only individuals, corporations or public bodies may
appeal the decision of the Township of Oro-Medonte to
the Ontario Municipal Board. An appeal may not be filed
by an unincorporated association or group. However, a
notice of appeal may be filed in the name of an individual
who is a member of the association or group.
Right of Applicant and Public Body to Appeal
Conditions
(1) The applicant or any public body may, at any time
before the final plan of subdivision is approved,
appeal any of the conditions of draft approval to the
Ontario Municipal Board by filing a notice of appeal
with the Township of Oro-Medonte.
Getting Additional Information
Additional infonnation about the application is available
for public inspection during regular office hours at the
address noted below.
Malling Address for Filing a Notice of Appeal
Township of Oro-Medonte
148 Line 7 South
Box 100
Oro ON LOL 2XO
Attn: Andria Leigh, Planner
Tel (705) 487-2171
Fax (705) 487-0133
a.
Applicant: Horseshoe Resort Corporation
File No.: 43-0M-20001
Municipality: Township of Oro-Medonte
Subject Lands: Concession 4, Part of Lots 3 & 4 (Oro)
Date of Decision: February 28,2001 1)6) /5
Date of Notice: March 15,2001
Last Date of Appeal: April 4, 2001
NOTICE OF DECISION
On Application for Approval of Draft Plan of Subdivision
Subsection 51(37) of the Planning Act
Approval of Draft Plan of Subdivision to the application in respect of the subject lands noted above, is proposed to be given
by the Township ofOro-Medonte. A copy of the decision is attached.
When and Bow to File an Appeal
Notice to appeal the decision to the Ontario Municipal
Board must be filed with the Township of Oro-Medonte
no later than 20 dates from the date of this notice as
._--..--shown-aoov.e-as-the last-4ate of appeaL--
--,..-...---.
The notice of appeal should be sent to the attention of the
Township Planner, at the address shown below and it
must,
(1) set out the reasons for the appeal, and
(2) be accompanied by the fee prescribed under the
Ontario Municipal Board Act in the amount of
$125.00, payable by certified cheque to the Minister
of Finance, Province of Ontario.
Who Can File an Appeal
Only individuals, corporations or public bodies may
appeal the decision of the Township ofOro-Medonte to
the Ontario Municipal Board. An appeal may not be filed
by an unincorporated association or group. However, a
notice of appeal may be filed in the name of an individual
who is a member of the association or group.
Right of Applicant or Public Body to Appeal
Conditions
The applicant or any public body may, at any time before
the fmal plan of subdivision is approved, appeal any of
the conditions imposed by the Township of Oro-Medonte
to the Ontario Municipal Board by filing with the
Township, a notice of appeal.
How to receive Notice of Changed Conditions
The conditions of an approval of draft plan of subdivision
may be changed at any time before the fmal approval is
given.
,--..----..."..----
-.------
".----"'.--
'-'-'-~'---' ..---..."
You will be entitled to receive notice of an changes to the
conditions of approval of draft plan of subdivision if you
have either,
(1) made a written request to be notified of the decision
to give or refuse to give approval of draft plan of
subdivision, or
(2) make a written request to be notified of changes to
the conditions of approval of the draft plan of
subdivision.
Other Related Applications:
Zoning By-law Amendment - Development Application
File No. P-100/00
Getting Additional Information
Additional infonnation about the application is available
for public inspection during regular office hours at the
address noted below.
Mailing Address for Filing a Notice of Appeal
Township ofOro-Medonte
148 Line 7 South
Box 100
Oro ON LOL 2XO
Attn: Andria Leigh, Planner
Tel (705) 487-2171
Fax (705) 487-0133
Applicant: Horseshoe Resort Corporation
File No.: 43-0M-20001
Municipality: Township of Oro-Medonte
Subject Lands: Concession 4, Part of Lots 3 & 4 (Oro)
Date of Decision: February 28,2001 / :::. J
Date of Notice: March 15,2001 / t...,r>
Last Date of Appeal: April 4, 2001
/
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V.
The Township's conditions and amendments to final plan approval for registration of this
subdivision are as follows:
No. Conditions
1 . Thatthis draft plan approval applies to the draft plan 43-0M-20001 prepared by
Shawn P. Watters & Associates, P.K. Menzies Planning and Development, The Landplan
Collaborative Ltd., and Dino R.S. Astri , dated June 30 2000, showing 595 lots and 32 blocks on
Part of North Half and South Half of Lot 3 aI1d Part of Lot 4, Concession 4 in the fonner
Township ofOro (now Township of Oro-Medonte).
2. That the road allowances included within this draft plan of subdivision shall be dedicated as a
public highway without monetary consideration and free of all encumbrances.
.J.._That the 0.3 metre r~sery~s in~lucledwithinJhis Qraftplan of subdiyisio!!.~.hallbe C()nveyed to
the Township of Oro-Medonte without monetary consideration and free of all encumbrance~...
-_.-"-
4. That the road allowances within this draft plan of subdivision shall be named to the satisfaction
of the Township of Oro-Medonte.
5. That prior to final approval the appropriate zoning shall be in effect for this subdivision, in
accordance with the provisions of the Planning Act.
6. That the owner shall enter into a subdivision agreement with the Township of Oro-Medonte,
agreeing to satisfy all conditions, financial and otherwise, ofthe Township of Oro-Medonte.
7. That the subdivision agreement between the owner and the Township contain phasing
arrangements to the satisfaction of the Township.
8. That such easements as may be required for utility or drainage purposes shall be granted to the
appropriate authority.
9. That prior to final approval, an amended Certificate of Approval from the Ministry of Environment
be obtained with respect to ownership and operation of the waste treatment facility. That the owner
is required to advise all prospective purchasers that the waste treatment facility is privately owned
and operated and not under the control of the Township.
10. That prior to final approval, an amended Certificate of Approval from the Ministry of Environment
be obtained with respect to ownership and operation of the stonn water facilities.
11. That prior to final approval, an amended Certificate of Approval from the Ministry of Environment
be obtained with respect to ownership and operation of the water works facilities.
Applicant: Horseshoe Resort Corporation
File No.: 43-0M-20001
Municipality: Township ofOro-Medonte
Subject Lands: Concession 4, Part of Lots 3 & 4 (Oro)
Date of Decision: February 28,2001
Date of Notice: March 15,2001
Last Date of Appeal: April 4, 2001
I ;;6):}
12. That the Ministry of Environment receive a fully executed copy of the subdivision agreement to
ensure that conditions are being fulfilled.
13. That the owner enter into a Responsibility Agreement with the Township of Oro-Medonte and the
private operator (Azurix) in regards to the ownership, financing, construction, operation,
maintenance, and repair of certain sewer and waste treatment facilities.
14. That prior to final approval, a plan or plans shall be prepared to the satisfaction of the Township
Engineer showing:
a) drainage control measures,
b) general lot grading including existing and proposed elevations,
c) building envelopes
d) erosion control measures
e) location and type of drinking water supply.
These-appr.ovedplan(s) willform p8rt of theB1]bnivisionAgreemenLwi1h_~~Township.
The consultant may be required to check the elevations of the building footings, prior to further
construction, to ensure confonnity with the approved plans noted above.
The consultant may be required, prior to the issuance of a Final Inspection Report, to certify in
writing that the installed works have been carried out in accordance with the approved plans.
15. That the Subdivision Agreement shall contain a clause to the effect that any major works required in
the approved plans noted in Condition 14 will be carried out by the developer.
16. That prior to any site alteration, the following shall be prepared to the satisfaction of the
Nottawasaga Valley Conservation Authority and the Township ofOro-Medonte:
A detailed Stonn Water Management Report;
An Erosion Control Plan; and,
A detailed Grading Plan.
17. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga
Valley Conservation Authority, to carry out or cause to be carried out the recommendations and
measures contained within the plans and reports set out above.
18. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Nottawasaga
Valley Conservation Authority, to ensure that all stonn water management facilities and sediment
and erosion control measures will be in place prior to any site alteration.
19. That the owner shall agree in the Subdivision Agreement to engage a qualified
professional to certify in writing that the works were constructed in accordance with
the plans, reports and specifications, as approved by the conservation authority.
Applicant: Horseshoe Resort Corporation
File No.: 43-0M-20001
Municipality: Township of Oro-Medonte
Subject Lands: Concession 4, Part of Lots 3 & 4 (Oro)
Date of Decision: February 28,2001
Date of Notice: March 15,2001
Last Date of Appeal: April 4, 2001
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20. That the owner shan agree in the Subdivision Agreement, in wording acceptable to the
Nottawasaga Valley Conservation Authority, to maintain the stonn water management facilities
(ponds) and their function, in accordance with the approved stonn water management report.
21. That the Subdivision Agreement contain the following clause to the satisfaction of
the Simcoe Muskoka Catholic District School Board:
"The owner shall include in all offers of purchase and sale a clause advising prospective
purchasers that pupils from this development attending educational facilities operated by the
Simcoe Muskoka Catholic District School Board may, be transported to/accommodated in
temporary facilities out of the neighbourhood school's area."
22. That the Subdivision Agreement contain the following clause to the satisfaction of the Simcoe
County District School Board:
" Purc.Jwse-r-s,r-enlers, lessees are warned that there areJ:JfLS.chools planned wiJhinJhi~l}JJjvision.
or within walking distance of it and that pupils may be accommodated in temporary facilities and or
be directed to facilities outside of the area. /I
23. That prior to final approval a Traffic Impact Study be submitted to the County
Engineer for approval. Completion of the study may require the applicant to enter
into agreements with the County for road Improvements, including implementation,
intersection design, and signalization. Any road improvements that are attributable
and benefiting the proposed development(s) would be the financial responsibility of
the proponent.
24. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe
County District School Board how condition 22 has been satisfied.
25. That prior to the final approval of this plan, the Township is advised in writing by the Simcoe
Muskoka Catholic Separate School Board how condition 21 has been satisfied.
26. That prior to the final approval of this plan, the Township is advised in writing by the
Nottawasaga Valley Conservation Authority how conditions 16 through 20 have been satisfied.
27. That prior to the final approval of this plan, the Township is advised in writing by
the County of Simcoe how condition 23 has been satisfied.
NOTES TO DRAFT APPROV AL
1 . It is the applicant's responsibility to fulfil the conditions of Council's approval and to ensure that
the required clearance letters are forwarded by the appropriate agencies to the Township of Oro-
Medonte, Planning Department, Administration Centre, 148 Line 7 South, Box 100, Oro, ON
LOL 2XO, quoting Township file number 43-0M-2000 1.
Applicant: Horseshoe Resort Corporation
. File No.: 43-0M-20001
Municipality: Township ofOro-Medonte
Subject Lands: Concession 4, Part of Lots 3 & 4 (Oro)
Date of Decision: February 28,2001
Date of Notice: March 15,2001
Last Date of Appeal: April 4, 2001
I}.b J 9
I
2. The Land Titles Act requires all new plans be registered in a Land Titles system if the land is
situated in a land titles division and there are certain exceptions.
3. The Township ofOro-Medonte uses a 0.3 metre reserve to notify the public that access to the
Municipal highway will not be granted across the reserve. It should be shown as a block on the
final plan outside the road allowance. Deeds in triplicate conveying this reserve to the
Corporation of the Township ofOro-Medonte together with the proposed final plan should be
sent to the municipal Clerk.
4. Inauguration, or extension of a piped water supply, a sewage system, or a storm drainage system,
is subject to the approval of the Ministry of Environment under sections 23 and 24 of the Ontario
Water Resources Act, R.S.O. 1980.
5. Hydro One wishes to advise the developer ofthe following:
(a)--the...costs of any r.elocations orr..eyjsio.Ds.JQB-y_dro One facilities which are nece~s..~..J:()__
accommodate this subdivision will be borne by the developer
(b) any easement rights of Hydro One are to be respected
(c) the developer should contact the local Hydro One Area Office to verify if any low
voltage distribution lines may be affected by the proposal
6. The final plan approved by the Township must be registered within 30 days or the .
Township may withdraw the approval under Section 51(59) of the Planning
Act, R.S.O. 1990
7. All measurements in the subdivision final plan must be presented in metric units.
8. Clearances are required from the following agencies:
Corporation of the Township of Oro-Medonte
Box 100
Oro Station, Ontario
LOL 2XO
Ministry of the Environment
659 Exeter Rd
London, Ontario
N6E 1L3
Simcoe County District Health Unit
15 Sperling Drive
Barrie, Ontario
L4M 6K9
.
Applicant: Horseshoe Resort Corporation
File No.: 43-0M-20001
Municipality: Township ofOro-Medonte
Subject Lands: Concession 4, Part of Lots 3 & 4 (Oro)
Nottawasaga Valley Conservation Authority .
R.R.#I
Angus, Ontario
LOM I BO
Date of Decision: February 28,2001
Date of Notice: March 15, 2001
Last Date of Appeal: April 4, 2001
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Simcoe County District School Board
1170 Highway 26
Midhurst,ON
LOL lXO
Simcoe Muskoka Catholic District School Board
46 Alliance Blvd.
Barrie,ON
L4M 5K3
County of Simcoe
1-1-l.Q-JIi-ghw-ay26-
Administration Centre
Midhurst,ON
LOL lXO
.-------"..-.-
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If the agency conditions concern conditions in the subdivision agreement, a copy of the relevant section
of the agreement should be sent to them. This will expedite clearance of the final plan.
9. If final approval is not given to this plan within three years of the draft approval date, and no
extensions have been granted, draft approval shall lapse under subsection 51 (32) of the Planning
Act, R.S.O. 1990, as amended. If the owner wishes to request and extension to draft approval. a
written explanation, must be received by the Township of Oro-Medonte Prior to the lapsing date.
Please note that an updated review of the plan, and revisions to the conditions of approval, may
be necessary if an extension is to be granted.
10. When the Zoning By-law is being prepared, reference to this subdivision application OM-file
number should be included in the explanatory note. This will expedite the Township's and other
agencies' consideration of the by-law.
Est. 1960
cold M. Parker, Chair
ris Carrier, Vice-Chair
yne R Wtlson, c.A.O.
Ir Member
Ilnicipalities
ala-Tosorontio Township
"",utth Township
y of Barrie
wn of Bradford-
,st Gwillimbury
wn of Collingwood
,wn of The Blue Mountains
~arview Township
:sa Township
,wn of Innisfil
elancthon Township
)wn of Mono
lu\mur Township
Dwn of New Tecumseth
lro-Medonte Township
{unicipality of Grey Highlands
own ofShelbume
pringwater Township
.own of Wasaga Beach
Watershed Connties
:Ounty of Simcoe
:Ounty of Duffenn
County of Grey
Member Conservation Ontario
/'1 /\"
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Nottawasaga Valley Conservation Authority
John Hix Conservation Administration Centre
Tiffm Centre for Conservation
8195 Concession 8, Utopia, Ontario LOM ITO
TEL (705) 424-1479, FAX (705) 424-2115
WWW.nvca.on.ca
November 27, 2002
Andria Leigh, MCIP, RPP
Township of Oro-Medonte
P.O. Box 100
ORO, Ontario
LOL 2X0
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Dear Ms. Leigh,
Subject:
Draft Approved Plan of Subdivision
Part of Lots 3 and 4, Concession 4
Community of Horseshoe Valley, Township of Oro-Medonte
Township File No.: 43-0M-20001 (Horseshoe Resort Corp.)
This letter is to advise you that the conditions of draft plan approval related to the
Nottawasaga Valley Conservation Authority (NVCA)in the Township's' decision
have been addressed to our satisfaction. In particular, Condition 26 has been
addressed through the fulfillment of the following:
· Condition 16 has been satisfied through the preparation of detailed
reports and plans, all of which have been approved by the NVCA's
engineering department.
.
Conditions 17, 18, 19, and 20 have been satisfied through appropriate
provisions in the Subdivision Agreement.
On this basis, the NVCA has no objection to the final approval and registration of
this subdivision plan.
Copy: Meridian Planning Consultants, Ms. C. Phillips, MCIP, RPP
Building Partnerships With Our Communi!'f to Conserve our Healtf?y Waters
Help us achieve our goals by becoming a member of the
Nottawasaga Valley Conservation Foundation
.".
...
I )b),/ d-/
Simcoe Muskoka
Catholic District School Board
46 A.l1iance Blvd.
Barrie, Ontario L4M 5K3
Telephone (705) 722-3555
Fax(705)722~534
September 26, 2002
Meridian Planning Consulla:nts
113 Collier Street
Barrie, ON
L4M 1H2
Attention: Ms. Celeste Phillips
J1'"A FAX ONLY: 705-737-5078
Re: CLEARANCE LETTER.
Draft Plan of Subdivision Conditions
Applicant: Horseshoe Resort Corporation
Part of North Half and South HaIf of Lot 3, and
Part of Lot 4, Concession 4
(Formerly in the Township ofOTo)
Township of Oro-Medonte
File: 43-0M-20001
Your Dept. File: 5002
Dear Celes~e,
The Simcoe Muskoka Catholic District School Board has received your correspondence, dated
July 18. 2002, and September 16, 2002, and bas reviewed Condition 21 for the Conditions of
Draft Plan Approval, issued. by the Township of Oro-Medonte for Draft Plan 43-OM-2000 1, for
66 residential units_ Condition 21 reads as follows:
Condition 21 :
That the Subdivision Agreement contain the following clause to the satisfaction of the
Simcoe Muskoka Catholic District School Board:
"The Owner shall include in all offers of purchase and sale a clause a.dvising
prospective purchaser that pupils from this development attending educational
facilities operated by the Simcoe Muskoka Catholic District Schoo1 Board may,
be transported to/accommodated in temporary faeilities out of the neighbourhood
school's area."
The inc1usion of Condition 21 in Schedule "E'; of the "Subdivision Agreement". generally
satisfies the Simcoe Muskoka Catholic District School Board's conditions.
Our Board has also reviewed Section 1.10 - Simcoe County Boards of Education Waming, that
was submitted with your letter of September 16, 2002, and is satisfied with this wording that
J:I1"1.ANNING\M""I.ipnl\Circu1cDon ~~\CIeOranC.e ~"'3.0M-20001 HOI'S'$!Ioe Resort Corpo_.do<:
ZZI-~ ZOO/IOO'd gel-!
-WOj~ WdOO:ZO ZO-9Z-d&S
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will be included in the Subdivider's Agreement for the Township of Oro-Medontc.
If you h<lve a.ny questions or comments about the Board's response, please feel free to contact
Mr. Garry Lambright, or the undersigned at 705-722-3555.
Yours 1ni1y,
c-~~
Christine Thomp~ AMcr
Acting Manager of PI arming
CT:gll
Ce. Ms. Andrea Leisa, Township ofOro-Medonte
Director of Plamring
VlA FAX ONLY: 705-487-0133
'-
l:\J'LANNING\Munkipcl\Cir<:ul:sl~ Reopo.....'O,o-m<:<!o_~OOQ'C1eormtce Lctt"",w.~OM-1000J f!l)m$hoe R.esort C;mx>r'llliDn.i!oc
"I-~ 'nn/'nn'd g~l-l
-WOJ= WdQQ:ZQ ZQ-9Z-d9S
~ Simcoe' County District School Board
~ 1170 Highway 26
Midhurst, Ontario lOl 1 XO
Phone: (705) 728-7570
Fax: (705) 728-2265
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RECEIVED
SEP 1 5 1001
September 23,2002
Ms. Celeste Phillips
Meridian Planning Consultants
113 Collier Street
Barrie, Ontario
L4M 1H2
ORO-MEDONTE ;
TOWNSHIP _J
Dear Ms. Phillips:
RE: LANDSCAPES AT HORSESHOE SUBDIVISION
LAUREL VIEW HOMES - 43-0M-20001
TOWNSHIP OF ORO-MEDONTE
Planning staff at the Simcoe County District School Board had requested that a clause be
inserted into all offers of purchase and sale for Draft Plan of Subdivision 43-0M-20001
to advise that students residing in this development may be accommodated in temporary
facilities located outside of the neighbourhood.
We have received a copy of Schedule "F" of the Township's Standard Subdivision
Agreement that contains this clause and can release this plan for registration. We require
a copy of the pertinent schedules contained in the Subdivision Agreement between
Horseshoe Valley Resort Ltd. and the Township once it has been executed.
Should you require additional information, please do not hesitate to contact the
undersigned.
#zttuIY~~
HOI:!Z:ek, MClP, RPP
Planning Officer
cc: Andria Leigh /
Township Planner
Ian Bender, Director of Planning
County of Simcoe
.2/24/2002
10:20
ENGINEERING COUNTY OF SIMCOE ~ 4870133
NO. 199
(;102
.
The Corporation of the
County of Simcoe
(705)726-9300 Fox: (70S)727-7984
Beeton Area; 1905)729-229.4-
Emoil: roads@county.simcoe.on.co
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Roods and Engineering
Telephone Extension 250/251
1 , 10 Highway 26
Adm1nlstrotion Centre
Midnurs1. Ontario LOL I XO
December 24, 2002
File: D12 Oro.Medonte Planning
Township ofOro-Medonte
Box 100 .
Ora, Ontario
LOL 2XO
Attention:
Keith Matheison
Dear Sir
Subject:
Clearance For Laurel View Homes (HV) Inc.
This is to advise that the County of Simcoe and Horseshoe Resort Corporation have entered into an
agreement amending tbe original agreement regarding the development of the Horseshoe Resort lands.
The amending agreement, a copy ofwmch is attacbed hereto, amends the trigger mechanisms and timing
for the intersection improvements on County road 22 at the main entrance to the resort. As a result,
Condition 23 of the draft plan conditions ,has been fulfilled for the Laurel View Homes (HV) Inc., and the
development of the 66 lots in Laurel View Homes Subdivision may proceed.
I trUSt that this is satisfactory.
....,
Yours trUly
William H. Brown, P. Eng
County Engineer
P P--G: D Ii. b~, p-O ',' ~..:i 'I \)
cc
Celest Phillips
The Planning Partnership
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TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
PD 2003-03 Committee of the Whole Andria Leigh
Subject: Department:
Council
OMB Hearing Hillway Planning
C. of W.
Equipment Ltd.
Date: January 20, 2003
Motion #
R.M. File No.
Date: C11 12450
BACKGROUND/ANALYSIS:
The Municipality has received notification of an appeal of Council's decision to deny the Zoning By-
law Amendment for Hillway Equipment Ltd. Development Application P-75/98 which was required to
permit the implantation of an aggregate extraction operation on property located in Concession 12,
Part of Lots 8 and 9 and Concession 13, Part of Lot 9 (Oro).
The Ontario Municipal Board has notified the Municipality of the receipt of the appeal but to date the
OMS has not scheduled a hearing date. In the applicant's appeal letter (attached) they do indicate
the necessity for a pre-hearing to determine the parties and the issues to be addressed through the
hearing.
This report addresses the co-ordination of the required staff and solicitor for the hearing. In order to
defend the policies of the Township's Official Plan and Council's decision to deny the application,
representation by the Township in the form of a Planner and Solicitor is required at the hearing. It is
recommended that Chris Williams and Nick McDonald be requested to represent the Municipality's
position in regard to this hearing. Both have extensive knowledge of the issue of aggregate
extraction in the Municipality and specifically the impact of haul routes, which was the reason for
Council's denial of the application.
Ide) /;;-~-
RECOMMENDATION (8):
1. THAT this report be received and adopted; and
2. That the Township Solicitor and Township Planning Consultant be directed to represent the
Township at the Ontario Municipal Board hearing when scheduled in support of Council's
decision to deny the proposed Zoning By-law Amendment for Hillway Equipment Ltd.,
Concession 12, Part of Lots 8 and 9, and Concession 13, Part of Lot 8 (Oro), Development
Application P-75/98.
Respectfully submitted,
~^.A: Y:-ut
Andria Leigh, MCIP,RPP
Senior Planner
(UJ~
Date: ~-y)! D'2:>
Rf!:~C3
Dept. Head
C.A.O. Comments:
C.A.O.
J
2
12/13/02 10:29 FAX 1 705 721 4025
BUR GAR ROWE
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Bur8or, Rowe LLP
Barriscers, So)oilors & Trade Mark Agents
December 13. 2002
Via Fax and Courier
Ontario Municipal Board
1500-655 Bay Street
Toronto, Ontario
M5G lE5
Dear Sirs:
RE: APPEAL OF REFUSAL OF ORO-l\:IEDONTE COUNCIL
ZoNING BY-LAW AMENDMENT.I'OR HILLWAY
EQUIPMENT LTD.
P ART LOTS 8 AND 9, CONCESSMN 12
PART LOT 13 :
FORMER TOWNSHIP OF OR.O
OUR FILE: 017v16
The writer is the solicitor for Hillway ,Equipment Ltd. with respect to the above noted matter.
My client had applied to the TownshiV of Oro-Medonte fOT an amendment to the Tow.nship's
zoning by-law to rezone the above not~d lands to Mineral Aggregate Resource One Exception
(MARI-) to pemlit an aggregate use ::On the subject lands. This rezoning was requested in
conjunction with an application for a licence under the AggregaLe Resources Act for the same
lands. :
Please accept this correspondence a5.my client's appeal pursuant to Section 34(11) of the
Planning Act as a result of a refusal by:ouncil of my client's application. Please find attached a
copy of Resolution No. 36 passed by Ci)uncil on Nov~mber 6, 2002 and certified by the Clerk of
the Township.
My client's planning and engineering. consultants, Skelton, Brumwell & Associates Inc. are
requesting that the Ministry of Nattf,'al Resources refer my client's application under the
Aggregate Resourc:es Act to the Board :tnd we would ask that the two matters be consolidated at
the earliest opportunity.
While my cHent is anxious to reduce fl1e number of outstanding issues and have as efficient a
hearing as possible, the issues which hwc been currently identil1ed with respect to my client's
proposal by the Township and other intl;:rested persons would indicate that the hearing is likely to
m:\m,~w\wor\(\ijr\active files\hillway\correspondence\ltrdec11.02nolice of appeal.doc
*
Nil":'.\' MlilnHI<:r Sln'lfl I~ o. /lo.t 75,1;, ilardI!, O'l!tldo, (.-IM ,/)'5
I'll: 7tJ5.7!J.33'l7 hl~.: 7tJ.~.721..l(J:5
DllrJUtr, ROII,t, I.LI' 1,< " I.i",:"ol I.i""ilil)' I'unlll'r.~fli{l I'r.ghl':"f.J ;" ()"IIUi,i
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Page 1 of 2
12/13/02 10:30 FAX 1 705 721 4025
BURGAR ROWE
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exceed 5 days in total. We would therefc:~e re.quest that the Ontario Municipal Board schedule a
preheaTing conference as soon as possible.:
I will proceed the file the Board's Appei~1 Checklist and material tUlder separate cover. We are
enclosing herewith our cheque in favour'!)f the Minister of Finance representing the Board's fee
herein. .,
Yours very truly.
BUfEPI', Rowe LLP
&-~
Per: Ian J. Rowe
ijrlslw
irowe@burgarrowe.com
cc: Glen Stewart
cc: Gary Bell
cc: Marilyn PennyC\.)ok
ene!.: Resolution
cheque:
*
'!
Page 2 of 2
12/13/02 10:30 FAX 1 705 721 4025
BURGAR ROWE
~ 003/003
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12/0U02
14:28
!r'O' 728 0331. SKELTON BR1JIOIELL I;) c.) ,l02l002
CORPORATION OF~THE TOWNSHIP OF ORO-MEDONTE
~ril' #L,I?
Moved By. ~ :.
Seconded By :~
Be it resolved that
Date: November 6, 2002
Resolution No.
~i$
Development Application P-75/98, a pri.:!posed Zoning By-law Amendment for Concession 13,
Part of Lot 9. and Concession 12, Part f,f lots 8 and 9 (Oro) (Hillway Equipment ltd.) be denied
as the application does not conform wit(:. the policies of the Official Plans for the County and
Township and does not represent good;plannlng due to the social impact of the proposed haul
route on the existing residents in the Rural Settlement Area of Rugby.
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MAYOR
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. 'Ontario
Municipal
. Board
655 Bay St Suite 1500
Toronto, ON M5G 1E5
, Tel (416) 326-6800
Fax (416) 326-5370
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Commission des
affaires municipales
de l'Ontario
655 rue Bay Bureau 1500
Toronto, ON MSG 1 E5
Tel (416) 326-6800
Fax (416) 326-5370
www omh govon ca
January 9, 2003
Ian J. Rowe
Burgar, Rowe LLP
Barristers & Solicitors
Ninety Mulcaster St
PO Box 758
Barrie ON L4M 4Y5
Re:
OMB Case No.: PL021159
OMB File No.: Z020164
Your File No.: 017y16
Application to rezone lands
Lands locations Part Lots 8 and 9, Concession 12 and Part Lot 13
Appeal bv Hillwav EQuipment Ltd.
<./
The Board acknowledges receipt of the above referenced matter. In communicating with the Board, please
quote the OMB file number Z020164 and OMB case number PL021159.
This acknowledgement letter is related only to the file(s) cited in the heading above. Please note that if you intend
to file an appeal of any related file(s), you are required to appeel to the appropriate authority, with the required
fee, when and if applicable.
This case will be assigned the earliest available hearing date. All parties are therefore advised that they should
be prepared to proceed to a hearing at any time.
In order to avoid loss of hearing time, hearing dates once scheduled are firm unless adjourned by the Board.
Adjournments will not be granted except in the most compelling circumstances, and with consent of all parties
"-
and/or the approval of the Board. . ..
All parties must attend at the scheduled start time of the hearing, irrespective of the number of days scheduled.
Failure to attend at the opening of the hearing may preclude your being heard by the Board.
If you have any questions regarding this case, please contact Mary Filipetto at (416) 326-6786. For general
information concerning the Boards policies or procedures you may also contact the Board's Information office at
(416) 326--6800 or visit ourwebsite atwww.omb.gov.on.ca.
Yours truly,
ClJA'x ~
Alix de la Haye
Planning Administrative Assistant
Marilyn Pennycook, Clerk, Township otOro-Medonte /
cc:
,-
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t',:
TOWNSHIP OF ORO-MEDONTE
REPORT
Dept. Report No. To: Prepared By:
PD 2003-05 Council Andria Leigh
Subject: Department:
Council
Planning
C. of W. Deeming By-law for
Concession 1, Plan M-726,
Lots 11 and 12 (Ora)
Deeming Application D-1/03 Date: January 29,2003
Motion #
A.M. File No.
Date: C11 12450
II BACKGROUND/ANALYSIS:
I
An application has been received to merge two lots on a registered plan of subdivision in order to
construct a single detached dwelling in the middle of the proposed larger parcel. This request was
received and circulated to all department heads for comments and no concerns were noted.
The process in which to merge these two lots is through a deeming by-law.
The subject property is located at 23 and 25 Maple Ridge Road south of the Bidwell Road. A map is
attached for Council's reference.
The Assessment office records for the subject property show the property with two property roll
numbers with the same person owning both parcels. The applicant has been made aware that the
only way to separate these parcels in the future is through a consent application considered by the
Committee of Adjustment; which would be unlikely once the house is constructed.
It is recommended that Council give favorable consideration to the deeming of these two lots through
the attached deeming by-law.
/Jdr;;--
RECOMMENDATION (S):
1. THAT this report be received and adopted; and
2. That the Clerk bring forward the appropriate by-law for adoption by Council.
Respectfully submitted,
--1~J: -tr
Andria Leigh, MCIP,RPP
Senior Planner
C.A.O.Comments:
Dat~~/03
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THE CORPORATION OF THE TOWNSIllP OF ORO-MEDONTE
BY-LAW NO. 2003- 006
BEING A BY-LAW TO DEEM CERTAIN PLANS OF SUBDMSION OR PARTS
THEREOF NOT TO BE REGISTERED PLANS OF SUBDIVISION WITmN THE
MEANING OF THE PLANNING ACT R.5.0. 1990 Co P. 13, AS AMENDED.
WHEREAS it is considered desirable in order to control adequately the development of certain
areas within the Township of Oro-Medonte, that certain existing Plans of Subdivision be deemed
not to be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act
R.S.O. 1990c. P. 13, as amended.
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has the
authority pursuant to Section 50(4) of the Planning Act, R.S.O. 1990 c.P. .13, as amended, may by
by-law designate any Plan of Subdivision or part thereof, to not be registered Plans of Subdivision
for the purposes of Section 50(3) of the said Planning Act R.S.O. 1990 c. P. 13, as amended.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSIllP OF
ORO-MEDONTE ENACTS AS FOLWWS:
1. That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto
pursuant to Section 50(4) of the Planning Act R.S.O. 1990 c.P. 13, as amended, are hereby
deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the
Planning Act R.S.O. 1990 c.P. 13, as amended.
2. That Schedule "A" attached hereto fonns part of this by-law.
3. This By-law shall come into force and effect subject to the provisions of Section 50(26), (28),
and (29) of the Planning Act, R.S.O. 1990, c.P. 13 as amended.
BY.LA W READ A FIRST AND SECOND TIME, THIS Sth DAY OF FEBRUARY 2003.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS
DAY OF FEBRUARY, 2003.
THE CORPORATION OF THE TOWNSIllP OF ORO-MEDONTE
Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
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SCHEDULE "A" TO BY -LA W 2003- 0 0 6
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The following Registered Plan is situated in the Township of Oro-Medonte in the County of
Simcoe:
Registered Plan M-726. Lots 11 and 12
..
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TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2003-05 Keith Mathieson
SUBJECT: DEPARTMENT:
COUNCIL:
Sewer Agreement between Engineering and
the Township of Environmental Services
C. OF W.: Oro-Medonte and American
Water Services Canada Corp. DATE: January 22, 2003
MOTION #:
DATE: R. M. FILE NO.:
American Water Services Canada Corp., formerly known as Azurix North America (Canada) Corp.,
owns and operates a sewage treatment plant within the Horseshoe Valley development area.
This facility provides sewage treatment for Horseshoe Resort, Carriage Hills, and will supply
treatment for the Horseshoe Adult Lifestyle community. The Township and A.W.S. entered into a
"Municipal Responsibility Agreement" dated September 1,2001 to ensure operation of the facility.
Attached for Council's perusal is a Sewer Responsibility Agreement between A.W.S. and the
Township with respect to the maintenance and ownership of the sanitary sewers to be constructed in
the Adult Community, referred to in the Agreement as the "community sewers".
This Agreement requires A.W.S. to supply the Township securities and establish a reserve fund to
ensure the maintenance and operation of the sewers. The first phase of the development is being
. constructed by Laurel View Homes, who will be responsible for the installation and maintenance of
the sewers until the Township issues the Certificate of Maintenance and Final Acceptance, at which
time the ownership and maintenance of the sewers will become the responsibility of A.W.S.
. Idle} /r
Tne collection of sewer fees will be the responsibility of A.W.S. and prospective purchasers shall be
notified through the Subdivision Agreement that the waste treatment facility and sewers are privately
owned and operated.
Township staff and Township solicitor have been circulated and all comments and concerns have
been satisfied.
1. THAT this report be received and adopted.
2. THAT the Township of Oro-Medonte and American Water Services Canada Corp. enters into a
Sewer Responsibility Agreement.
3. THAT the Clerk prepares a By-law to enter into a Sewer Responsibility Agreement for Council's
consideration.
Iy submitted,
C.A.O. COMMENTS:
DATEd== ~ I\)3,
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C.A.O.:
o
DEPT. HEAD:
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04/11/02.3
THIS AGREEMENT made this _ day of January, 2003.
BETWEEN:
THE TOWNSHIP OF ORO MEDONTE
(herein called the "Township")
OF THE FIRST PART
- and -
AMERICAN WATER SERVICES CANADA CORP.
previously known as Azurix North America (Canada) Corp.
(herein called "A WS")
OF THE SECOND PART
WHEREAS AWS owns, operates and manages water and wastewater assets, offers
water-related services and develops and manages water resources worldwide;
AND WHEREAS AWS has certain property rights in certain lands described and
depicted in Schedule "A" hereto (the "Lands"), on which is or will be located sewage
conveyance facilities more fully described in Schedule "B" hereto (the "Sewers");
AND WHEREAS Horseshoe Resort Corporation ("Horseshoe") and other developers,
including specifically Laurel View Homes Inc. (collectively with Horseshoe, the "Developers")
own certain lands in close proximity to the Lands, on which Horseshoe has developed a resort,
including hotel, restaurant and condominium facilities (the "Development") and the Developers
intend to further develop a residential site entailing an adult lifestyle facility (the "Adult
Community");
AND WHEREAS AWS is currently providing sewage treatment to the Development and
the Developers require the service to be increased, as a result of the addition of the Adult
Community;
AND WHEREAS AWS and Horseshoe have entered, or will enter, into an agreement
(the "Contract") for the construction of, inter alia, an addition to the current sewage treatment
facility (the "Facility"), which addition shall include a trunk sewer extension to the Sewers (the
"Trunk Sewer Extension") and the operation, maintenance and repair of the Facility and
Sewers once completed;
AND WHEREAS the Township will only support the further development of the Adult
Community based on the construction and operation of the Sewers and the continued operation
of the Facility by AWS;
AND WHEREAS the Ministry has issued, and will from time to time issue, an
amendment to the Certificate of Approval for the Facility to incorporate the Sewers, a copy of
which is attached hereto as Schedule "C".
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f~ e.-) -1
AND WHEREAS the Developers have or will enter into contracts with certain persons for
the phased~in construction of the Community Sewers, as described in Schedule "8" hereto;
AND WHEREAS the Township will require, as a condition of the subdivision approval
the transfer of ownership of the, Community Sewers from the Developers to AWS on a phased-
in process once the Community Sewers are constructed, commissioned and the maintenance
period has expired and the Township has assumed the Sewers;
AND WHEREAS depending upon the development of the area around the Adult
Community, the Town Sewers, as described in Schedule "8" hereto may be constructed to
provide sewage to such town residents;
AND WHEREAS the Township does not wish to construct, own or maintain the Town
Sewers once constructed and intends to transfer ownership of the Town Sewers to AWS on a
phased-in process once the Town Sewers have been constructed, commissioned and the
maintenance period has expired and the Township has assumed the use of the Sewers;
NOW THEREFORE for good and valuable consideration, the sufficiency and receipt of
which is hereby acknowledged, and the mutual covenants contained herein, the parties agree
as follows:
ARTICLE 1. DEFINITIONS AND INTERPRETATION
1.1 As used in this Agreement, in addition to those words and phrases already defined
herein, the following words and phrases mean:
a) "Adult Community" means the approximately 600 residential units to be built by
the Developers intended to be an adult lifestyle facility located east of Oro-
Medonte Third Line and south of Highland Drive, Oro-Medonte, Ontario;
b) "Arbitration Act" means the Arbitration Act, S.O. 1991, c.17, as amended or
replaced from time to time;
c) "AWS" means American Water Services Canada Corp, an Ontario corporation,
previously known as Azurix North America (Canada) Corp.;
d) "Certificate of Approval" means an approval issued under the authority of the
Ontario Water Resources Act, the Environmental Protection Act, the Ministry or
other any applicable provincial legislation relating to the operation or functioning
of the Facility and the Sewers, or a portion thereof, as it may be amended,
revised or reissued from time to time;
e) "Certificate of Maintenance and Final Acceptance" means a certificate issued
by the Township upon the recommendation of the Township Engineer confirming
that the Sewers constructed by the Developer, in accordance with the terms of
the applicable subdivision agreement, have been satisfactorily completed and
maintained by the Developer during the two-year (2) maintenance period, and
issuance of the said certificate following a CCTV inspection and any remedial
works carried out at the developer's cost, shall constitute final acceptance and
assumption of the Sewers by the Township;
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f) "Certificate of Substantial Completion and Acceptance" means a certificate
issued by the Township upon the recommendation of the Township Engineer
confirming that the Sewers to be installed by the Developer under the provisions
of the applicable subdivision agreement, have been substantially completed in
accordance with plans and specifications reviewed and accepted by the
Township Engineer. The issuance of a Certificate of Substantial Completion and
Acceptance shall not constitute an assumption of the Sewers by the Township;
g) "Certified Cheque" means the certified cheque provided by AWS and issued in
favour of the Township to secure the operation, maintenance and management
of the Sewers in accordance with the terms and conditions of this Agreement;
h) "Community Sewers" has the meaning set out in Schedule "8)) hereto;
i) "Contract" means that agreement to be executed between AWS and Horseshoe
for the construction of the Trunk Sewer Extension and the continued operation,
maintenance and repair of the Facility and Sewers;
j) "Condominium Act" means the Condominium Act 1998, S.O. 1998, c. 19, as
amended or replaced from time to time;
k) "Construction Lien Acf' means the Construction Lien Act, R.S.O. 1990, c.
C.30, as amended or replaced from time to time;
I) "Deficiency" means any breakdown or malfunction of the Sewers that would
cause them not to function and provide the service required by the residents of
the Adult Community, that would cause them not to comply with the requirements
of the Certificate of Approval and/or is a detriment to the Township and public
property, public health or the environment;
m) "Developers" means Horseshoe and such other developers who are
responsible from time to time for the development of the Adult Community;
n) "Development" means the resort, including hotel, restaurant, time-share and
condominium facilities as may be developed by Horseshoe and the Developers
from time to time;
0) "Director" means the director appointed by the Minister of Environment under
the Environmental Protection Act or the Ontario Water Resources Act;
p) "End Users" shall mean those residents of the Adult Community or such other
residents of the Township who will receive and pay for sewage services from the
operation of the Facility and the Community Sewers between such residents or
the Town Sewers, respectively, pursuant to a service agreement with the
Developer or AWS, respectively;
q) "Environmental Protection Acf' means the Environmental Protection Act,
R.S.O. 1990, c. E.19, as amended or replaced from time to time;
r) "Facility" means the existing sewage treatment facility owned by AWS and
servicing the Development;
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s) "Fund" means the replacement and reserve fund to be established by AWS, into
which the Fund Allocation shall be deposited for the purpose of financing
Replacement and Reserve Costs;
/ de) t ,
t) "Fund Allocation" means that portion of Revenue allocated by AWS to be
deposited into the Fund, as defined in Article 7.1 herein, in any given year, based
on the Replacement and Reserve Costs;
u) "Horseshoe" means Horseshoe Resort Corporation, an Ontario corporation,
which owns the Development;
v) "Lands" means the real property owned by AWS, as described and depicted in
Schedule "A" hereto;
w) "Ministry" means the Ministry of the Environment for the Province of Ontario or
any other agency designated by either the Province of Ontario or the Ministry of
the Environment to act on its behalf;
x) "Municipal Act" means the Municipal Act, R.S.O. 1990, c. M.45, as amended as
it existed on December 31, 2002;
y) "Municipal Act, 2001" means the Municipal Act, 2001, S.D. 2001, c. 25, which
comes into force on January 1, 2003, and any regulations to be enacted in
respect thereof;
Z) "Municipal Responsibility Agreement" means the agreement between the
Township and AWS dated September 1,2001 providing for the responsibilities of
each of the Township and AWS in respect of the Facility;
aa) "Ontario Water Resources Act' means the Ontario Water Resources Act,
R.S.O. 1990, c. 0.40, as amended or replaced from time to time;
bb) "Planning Act" means the Planning Act, R.S.O. 1990, c. P .13, as amended or
replaced from time to time;
cc) "Replacement Costs" means the estimated costs for replacing the Sewers, ,
including the associated inspection and maintenance of the Sewers and any
mechanical or electrical elements of the pumping station that may require repair
in any given year, as set out in Schedule "D" hereto;
dd) "Revenue" shall mean the monies collected by Horseshoe and/or AWS (or such
other party as AWS may designate from time to time) from the End Users for the
provision of sewage services through the operation of the Facility and the Sewers
by AWS, which shall ultimately be paid to AWS by Horseshoe and/or the End
Users pursuant to the terms of the Contract or those contracts that AWS shall
have directly with the End Users;
ee) "Sewers" means the original trunk sewer, the Trunk Sewer Extension, the
Community Sewers and the Town Sewers, all as more particularly described in
Schedule "8" hereto;
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ff) "Town Sewers" has the meaning set out in Schedule "8" hereto;
gg) "Township" means the Township of Oro-Medonte;
hh) "Trunk Sewer Extension" means the trunk sewer extension to the Sewers to be
built by AWS, as more particularly defined in Schedule "8" hereto; and
ii) "Trustee" means the treasurer appointed by the Township, from time to time, to
manage the financial matters of the Township.
1 .2 The division of this Agreement into articles and sections is for convenience of reference
only and shall not affect the interpretation or construction of this Agreement.
1 .3 The following schedules, which are attached hereto and may be amended from time to
time to incorporate any additions or modifications to the description of the Sewers as they are
built and the Certificate of Approval or the Fund to accommodate the modifications to the
Sewers, together with all provisions therein, are hereby made a part of this Agreement as fully
and for all purposes as would be the case if they were set out in the text of this Agreement as
covenants and agreements:
Schedule "A" - Legal description of the Lands
Schedule "8" - Description of the Sewers
Schedule "c" - Certificate of Approval for the Facility and the Sewers
Schedule "0" - Fund
1.4 The masculine gender shall include the feminine and neuter genders, and vice versa,
the word "person" shall include firms and corporations and the singular number shall include the
plural, and vice versa.
ARTICLE 2. REPRESENTATION AND WARRANTIES
2.1 AWS hereby represents and warrants as follows:
a) it is a corporation duly organized, validly existing and in good standing under the
laws of the Province of Ontario, with full legal right, power and authority to enter
into and perform its obligations under this Agreement;
b) it has duly authorized the execution and delivery of this Agreement and this
Agreement constitutes a legal, valid and binding obligation of AWS, enforceable
against it in accordance with its terms;
c) it has or will acquire an easement to the golf course and the club house owned
by Horseshoe and located on the Development, for the purpose of accessing the
Facility and the Sewers; and
d) it is either the legal and beneficial owner of the Lands or has acquired or will
acquire an easement or licence to the Lands owned by Horseshoe and an
easement or licence over the Township property, in which the Sewers are or may
be located.
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2.2 The Township hereby represents and warrants as follows:
a) it is a municipal corporation duly organized, validly existing and in good standing
under the laws of the Province of Ontario, with full legal right, power and authority
to enter into and perform its obligations under this Agreement;
b) it has duly authorized the execution and delivery of this Agreement and this
Agreement constitutes a legal, valid and binding obligation of the Township,
enforceable against it in accordance with its terms;
c) it has obtained all approval, authorization, order or consent of, or declaration,
registration or filing with, any governmental authority that is required for the valid
execution and delivery by the Township of this Agreement, including any
approval required pursuant to section 65 of the Ontario Municipal Board Act,
R.S.O. 1990, c. O. 28; and
d) it has or will enact any by-laws necessary pursuant to section 210.1 of the
Municipal Act necessary to give effect to this Agreement.
ARTICLE 3. DUTIES AND RESPONSIBILITIES OF AWS
3.1 AWS covenants and agrees that it shall:
a) construct the Trunk Sewer Extension according to current acceptable
engineering practices and operate, maintain, and if necessary, repair and/or
replace all or part of the Sewers after they are constructed in accordance with the
operating standards and the terms and conditions contained herein;
b) prepare, at its own cost, all plans, specifications, profiles, contours, and other
engineering material, drawings and data required in the opinion of the Township,
acting reasonably, in respect of the construction of the Trunk Sewer Extension
and shall submit such plans, specifications, profiles, contours and other
engineering material, drawings and data to the Township for approval;
c) obtain, at its own cost, any and all approvals and licenses required in connection
with the Trunk Sewer Extension and its operation;
d) obtain the financial assurance for the Sewers in the form of the Certified
Cheque, which amount shall be equal to Fifty Thousand dollars ($50,000);
e) not commence any work on the construction of the Trunk Sewer Extension nor
operate the Sewers until it has received a Certificate of Approval in respect of
such construction or operation and the Township's approval to commence the
operation, provided that the Township shall act reasonably and promptly in
providing such approval;
f) prepare a contingency plan for sewage haulage in the event of a Deficiency that
results in a type of failure of the Sewers that requires haulage of sewage;
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g) prepare and provide to the Township, a copy of all reports, including any plans or
specifications contained therein, in respect of the operation and maintenance of
the Sewers or required to be provided to the Ministry, from time to time; and
h) provide to the Township, a copy of any and all documents submitted to the
Ministry including, but not limited to, an operation and maintenance manual and a
sludge disposal program, and a copy of any and all field orders, work orders or
compliance documents issued by the Ministry, in respect of the operation and
maintenance of the Sewers.
3.2 AWS acknowledges and agrees that the design and construction of the Trunk Sewer
Extension and the operating standards of the Sewers will be those upon which a Certificate of
Approval and any orders or other requirements imposed under the Environmental Protection Act
or the Ontario Water Resources Act are based, by the Ministry or together with such additional
requirements as the Township may reasonably impose pursuant to any authority within its
jurisdiction and responsibility. The parties agree that the Township may impose any of the
terms of this Agreement as conditions for the approval of any Certificate of Approval or other
approval issued by the Ministry or under the Planning Act or the Condominium Act and AWS
shall not object to or otherwise appeal the imposition of such terms as conditions to any such
approval or Certificate of Approval issued to AWS.
3.3 AWS shall not add to, alter or extend the Sewers without advising and providing the
Township with a copy of any and all such additions, alterations or extensions. In the event AWS
makes any changes to the Sewers, AWS shall provide to the Township certified updated "as
builf' plans. AWS shall obtain all approvals, permits and certificates required under applicable
law prior to effecting any such addition, alteration or extension.
3.4 AWS further acknowledges and agrees that all materials to be supplied hereunder with
respect to the Trunk Sewer Extension shall be in accordance with Ontario Provincial Standards
or appropriate design guidelines and if no materials are specified in any particular case, then the
same shall be of good quality and appropriate in design and construction for the Trunk Sewer
Extension, and shall be subject to the approval of the Township acting reasonably.
3.5 Nothing contained herein shall limit the obligation of AWS to continue to provide reports
to the Ministry in respect of the Sewers, and AWS shall be solely responsible for providing such
reports to the Ministry.
ARTICLE 4. DUTIES AND RESPONSIBILITIES OF THE TOWNSHIP
4.1 The Township covenants and agrees that it shall:
a) set up a mechanism to advise any customers of the Sewers, who may
inadvertently call the Township regarding complaints or issues related to the
services provided by AWS that any such complaints or matters relating to the
service provided by AWS, should be directed to:Jeff Trudeau at 905-572-5905;
b) review within fifteen (15) days of receipt all capital expenditure plans prepared
and provided by AWS in respect of the Sewers;
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c) ensure that AWS has the opportunity to inspect the Sewers at the time of
installation and the ability to confirm that the Sewers are all built in accordance
with prevailing standards;
d) transfer to AWS any and all warranties for the Sewers that the Township obtains
from those Developers who have constructed the Sewers and assist A W S where
necessary to enforce any such warranties;
e) use its best efforts within its jurisdiction, to enact a by-law allowing AWS and/or
Horseshoe to collect water and/or sewage fees from the Township residents,
which shall also provide an enforcement mechanism by which AWS can have
remedies for non-payment of such fee and shall assist where possible with
enforcement; and
f) assume responsibility for the operation of the Sewers in the event of an
Operating Default under the Municipal Responsibility Agreement in which case
the Township shall be entitled to call in and utilize the Certified Cheque and
monies from the Fund pursuant to Article 7 herein.
ARTICLE 5. THIRD PARTY ENGINEER
5.1 For the purposes of monitoring the Sewers and providing comments on and approval of
reports prepared by AWS, the Township may, in its sole discretion, retain an engineer (the
"Township Engineer") to perform the following:
a) monitor the construction of the Trunk Sewer Extension by AWS and provide to
the Township a certificate that the construction of the Trunk Sewer Extension has
been completed in accordance with the Certificate of Approval;
b) monitor the operation of the Sewers on an annual basis to confirm compliance
with the provisions of the Certificate of Approval;
c) review any and all Rectification Plans (as defined below) proposed by AWS for
any Deficiency which may arise during the term of this Agreement in respect of
the condition or operation of the Sewers;
b) review and approve all requests for Replacement and Repair Costs exceeding
the threshold, as set out in section 7.5; and
d) review any and all capital expenditure plans in respect of the Sewers prepared by
AWS and submitted to the Township.
5.2 AWS hereby covenants and agrees to reimburse the Township for the costs associated
with retaining the Township Engineer and performing the tasks herein, provided that such costs
shall not exceed Two Thousand dollars ($2,000.00) in any given year and further provided that
any amount not reimbursed to the Township for any given year up to the maximum amount,
shall not carry over to any subsequent years as a benefit or credit to the Township. Such
amount shall be reimbursed annually up to the agreed amount of Two Thousand dollars
($2,000.00).
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5.3 Each of the Township and AWS hereby acknowledges and agrees that the Township
Engineer acts solely for and in the discretion of the Township in performing his duties hereunder
and the Township Engineer shall not be required to report to or act for the benefit of AWS.
ARTICLE 6. OWNERSHIP, REPAIR, MAINTENANCE OR REPLACEMENT OF SEWERS
6.1 The parties acknowledge and agree that during construction of the Sewers, the
respective Developers are the owners of the Sewers for which they are responsible for
constructing. The Township shall ensure that it has entered into agreements with the
Developers, granting AWS a right to inspect and confirm that the Sewers have been constructed
in accordance with industry standards and providing AWS an opportunity to require the
Developers to rectify any deficiencies. The Township shall take all steps necessary to assist
AWS in exercising such rights and to enforce such rights if necessary.
6.2 The Township shall not issue a Certificate of Substantial Completion and Acceptance to
the Developers, until such time as AWS has approved the construction of the Sewers and their
readiness and acceptability for commission. The parties acknowledge and agree that the
commissioning and transfer of ownership of the Sewers shall occur on a piecemeal basis and
nothing herein shall require the transfer of ownership of all of the Sewers at the same time.
Upon the issuance of the Certificate of Maintenance and Final Acceptance, the Township shall
immediately transfer ownership of the Sewers to AWS. AWS shall not be liable for any loss,
damage or claims in respect of the Sewers prior to its ownership thereof.
6.3 In the event the Ministry determines that a Deficiency exists AWS shall promptly notify
the Township in writing (the "Deficiency Notice") of the particulars of such Deficiency, which
Deficiency Notice shall include any order issued by the Ministry to rectify the Deficiency or AWS
intended plan of action for rectifying the Deficiency if ordered to create one by the Ministry (the
"Rectification Plan"), including the minimum and maximum time period in which the
Rectification Plan shall be completed. AWS, at its own cost, shall obtain any and all approvals
required under statute or by the Ministry to rectify any such Deficiency and shall rectify such
Deficiency in accordance with the terms of the Rectification Plan and upon completion, shall
certify to the Township that all Deficiencies have been rectified in accordance with the
Rectification Plan. In the event AWS fails to rectify the Deficiency, the Township shall have the
right to remedy the Deficiency itself, and AWS shall reimburse the Township the cost of any
such repairs.
6.4 Notwithstanding any provision contained herein, the obligation of AWS to provide a
Deficiency Notice does not preclude any obligation it may have to report such Deficiency to the
Ministry or any other authority as required by law, and AWS shall report the occurrence of such
Deficiency as required by the Ministry or any other authority.
6.5 If AWS, the Ministry or the Township determines that the Deficiency is of a type that may
cause a material danger to human health, the environment or real property owned by the
Township, the Township may provide a copy of such Deficiency Notice to any public authority it
deems appropriate and necessary to advise to ensure adequate protection of the public,
environment or property from the effects of the Deficiency.
ARTICLE 7. REPLACEMENT AND RESERVE FUND
7.1 AWS and the Township shall be required, upon the assumption of the Community
Sewers by the Township and subsequent transfer to AWS and for the term of this Agreement
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thereafter, to establish and maintain the Fund for the purpose of financing the costs of
inspecting, maintaining, repairing and replacing the Sewers. The parties hereby acknowledge
and agree that AWS shall subsidize the Fund throughout the term of this Agreement with the
Fund Allocation. AWS hereby covenants and agrees to deposit any and all of the Fund
Allocation collected by Horseshoe and/or AWS from the End Users and received by AWS from
Horseshoe and/or the Developers into the Fund. The Fund shall include an annual capital
replacement amount, for purposes of Sewer replacement at the end of an anticipated fifty (50)
year life. The amount required to be held in the Fund shall be adjusted, as and when required,
to reflect the buildout rate of new Sewers. AWS shall ensure that the monies held in the Fund
shall be held in an interest bearing account, which interest shall be added to the Fund.
7.2 AWS shall be required to maintain a sufficient amount of monies in the Fund to pay for
the Replacement and Reserve Costs budgeted in any given year, as set out in Schedule "0"
hereto for the term of this Agreement. The parties acknowledge and agree that the Fund
Allocation deposited into the Fund in any given year may exceed or be less than the amount
required for the Replacement and Reserve Costs for such year. The parties further
acknowledge and agree that any surplus of the Fund Allocation deposited into the Fund and not
expended in any given year, shall remain in the Fund and be carried forward to be applied to the
Replacement and Reserve Costs for the following years. The parties acknowledge and agree
that under no circumstance shall AWS be required to pay into the Fund monies other than the
Fund Allocation.
7.3 AWS shall annually update the Replacement and Reserve Costs (the "updated
estimate") and provide the Township Engineer with a copy of the updated estimate for its
review and approval. In determining the updated estimate, AWS shall at a minimum take into
consideration the actual cost paid to perform inspections and maintenance of the Sewers from
the preceding year, the costs of any repairs or replacements made to the Sewers, the
decreased lifespan of any of the Sewers, which may require early replacement, and any
fluctuation in the market for the costs of maintaining the Sewers. AWS hereby covenants and
agrees, in the case of those End Users who receive sewage service from the Community
Sewers, to ensure that it the costs of services charged to such End Users, are sufficient to
subsidize any increase in the Replacement and Reserve Costs resulting from the updated
estimate. In the case of those End Users who receive sewage service from the Town Sewers,
AWS shall advise the Township and the End Users at least thirty (30) days in advance, of the
need and reason to increase the cost of such services to such End Users.
7.4 Each of the parties acknowledges and agrees that the amount required to be reserved in
the Fund shall be adjusted from time to time to the extent that such reserve fluctuates up or
down as a result of increased usage of the pumping station resulting from the number of Sewers
constructed and commissioned for operation by AWS or others, changing costs, the updated
estimate or other circumstances.
7.5 AWS is hereby authorized to withdraw monies from the Fund as required to pay for the
Replacement and Reserve Costs and shall provide the Township with invoices evidencing such
costs. Notwithstanding the foregoing, AWS shall notify the Township in writing once it has
expended sixty percent (60%) of its annual Fund Allocation for such year. Upon receipt of any
such notice, the Township or the Township Engineer shall, in its sole discretion, authorize, in
writing AWS to utilize funds in excess of the sixty percent (60%) threshold. In the event the
actual Replacement and Reserve Costs in any given year are greater than the Fund Allocation
for such year, arising from an extraordinary cost not otherwise anticipated by the parties, AWS
shall directly pay for any such excess costs and shall be entitled to receive an adjustment or a
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-/3
credit to the Fund Allocation for the following year, equal to the amount of such excess
overpayment by AWS..
7.6 In the event that The Sustainable Water and Sewage Systems Act, S.O. 2002, c.29, or
similar legislation requires an owner or operator of a water or sewer system to comply with
certain regulations governing the accounting of the costs associated with operating such
systems, including costs of replacement and maintaining a replacement fund, AWS and the
Township shall comply with all applicable laws and regulations related thereto. This Agreement
shall be amended, modified or replaced to conform to any such laws and regulations, at the time
they come into effect.
ARTICLE 8. ACCESS TO THE SEWERS
8.1 For purposes of inspecting the Sewers on an annual or bi-annual basis, conducting
testing of the Sewers from time to time, and in cases of emergency, AWS hereby agrees to
permit and facilitate the Township and/or the Township Engineer access to the Sewers during
hours of operation upon the receipt of reasonable notice by AWS, provided that notice to AWS
shall not be required in the case of an emergency necessitating access by the Township and/or
the Township Engineer and further provided that AWS shall permit and facilitate immediate
access to the Sewers in the case of an emergency.
8.2 AWS hereby grants to the Township all necessary easements for the appropriate access
and egress over and across the Lands for purposes of inspecting the Sewers and reasonable
appurtenances thereto pursuant to section 8.1. AWS further agrees to do all acts or things
necessary to ensure the access of the Township as may be required by the Township and/or
the Township Engineer to inspect the Sewers.
8.3 The Township hereby grants to AWS all necessary licences for the appropriate access
and egress over and across any lands or roadways of the Township on or under which the
Sewers are located, for purposes of undertaking its responsibilities under Article 3 herein and
providing any emergency services that may be required. The Township further agrees to do all
acts or things necessary to ensure the access of AWS as may be required by AWS in order to
undertake its responsibilities hereunder.
8.4 AWS hereby covenants and agrees to obtain from Horseshoe, or such other property
owner, all necessary easements for the appropriate access and egress over and across any
lands of Horseshoe, or such other property owner, on or under which the Sewers are located,
for purposes of undertaking its responsibilities under Article 3 herein and providing any
emergency services that may be required.
ARTICLE 9. COLLECTION OF FEES
9.1 The parties hereby acknowledge and agree that as a private service provider, AWS shall
contract with Horseshoe, the Developers or such other party as it deems appropriate, for the
collection of fees for those services provided to End Users from the Community Sewers, and
Horseshoe, the Developers or such other party as it deems appropriate, will be solely
responsible for issuing invoices to such End Users and collecting all fees payable under such
invoices. AWS shall be responsible for issuing invoices to and collecting all fees payable under
such invoices directly from those End Users who receive services from the Town Sewers.
Other than as required under section 4.1 (e), the Township shall not be required to collect any
11
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such fees and shall have no role in the enforcement of remitting fees for services provided by
AWS for either the Community Sewers or the Town Sewers.
ARTICLE 10. INSURANCE
10.1 AWS shall, upon transfer of ownership of each of the Sewers from the Developers and
the Township and throughout the term of this Agreement, at its sole cost and expense, self
insure the Sewers for all major perils, including, fire and standard extended coverage, sprinkler
leakages (where applicable), earthquake, flood and collapse.
10.2 The parties acknowledge and agree that any payments for claims arising from the
operation of the Sewers, including sewer backup, are the sole responsibility of AWS.
10.3 In the event of damage to the Sewers for which a claim is made under the Township's
environmental insurance coverage, the parties acknowledge and agree that the aforementioned
insurance may be subject to a loss deductible clause and that any payments for claims arising
from damage to the Sewers that fall within the deductible limit are the sole responsibility of
AWS.
ARTICLE 11. DEFAULT
11.1 A default (a "Default") shall be deemed to have occurred if anyone or more of the
following events occur:
a) receipt by the Township of notice that AWS has ceased or threatens to cease to
carry on business, whether such cessation of business be either voluntary or
involuntary;
b) receipt by the Township of notice of the impending insolvency of AWS;
c) failure by AWS to meet its obligations to any third party that would affect the
operation of the Sewers; and
d) failure by AWS to remedy a Deficiency within the timeframe allocated by AWS to
be remedied in the Rectification Plan pursuant to section 6.3 herein, which
timeframe shall include any extensions granted or agreed to by the Township.
11.2 In the event of a Default the Township shall give written notice to AWS of the nature of
the Default, and the timeframe, if applicable, within which AWS shall be required to remedy the
Default. If AWS is unable to or fails to remedy such Default within the time frame and the
manner required by the Township, the Township may, in its sole discretion, use the Certified
Cheque, where possible to remedy such Default. Notwithstanding anything to the contrary, the
Township acknowledges and agrees that it may not be entitled to assume responsibility for the
operation of the Sewers in the event of a Default pursuant to section 11.1 (c), and that such
responsibility may be determined by a trustee in bankruptcy.
11.3. In the event an Operating Default, as defined in the Municipal Responsibility Agreement,
which continues twenty-four (24) months beyond the timeframe within which AWS was required
to remedy such default, AWS shall immediately upon demand by the Township, transfer
ownership of the Facility and the Sewers to the Township, and do whatever acts as may be
necessary to affect such transfer. In the event of such transfer, this Agreement shall terminate
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and neither the Township nor AWS shall have any further obligation hereunder, with the
exception of AWS's obligation pursuant to Article 12 herein. The transfer referred to herein shall
also refer to any interest AWS may have in the Certified Cheque and the Fund. In addition, to
the remedies provided herein, the Township shall have any and all remedies available to it
under law for termination of this Agreement pursuant to a default.
11.4 In the event the Township is required to assume responsibility for operation of the
Sewers pursuant to a Default under section 11.3 or otherwise obtains ownership of the Sewers,
AWS shall assist and cooperate with the Township and/or its agents with effecting such
assumption of operations or transfer of ownership, including but not limited to, providing:
documentation and records relevant to the operation of the Sewers, employees and/or
contractors to assist in operating the Sewers and unrestricted access to the Sewers. AWS shall
also transfer to the Township the full amount of monies reserved in the Fund in accordance with
Schedule "0", less any amounts expended on Replacement and Reserve Costs pursuant to
Article 7 herein. AWS hereby covenants and agrees to continue to provide sewage service
through the Facility, notwithstanding the assumption of operation by or transfer of ownership of
the Sewers to the Township.
ARTICLE 12. INDEMNITY
12.1 AWS agrees to indemnify and shall keep indemnified and save harmless the Township
from all loss, damage, cost and expense, claims, demands or actions of every nature and kind
whatsoever, including death or injury, arising from or in consequence of the negligent
maintenance or operation of the Sewers or any matter under this Agreement, whether such
loss, damage, cost or expense, claims, demands or actions is sustained by the Township, AWS,
or their several and respective employees, workmen, servants, agents or councilors or any
other person.
ARTICLE 13. TERMINATION
13.1 Unless earlier terminated as a result of an Operating Default, under the Municipal
Responsibility Agreement or a Default, this Agreement shall remain in effect until such time as
AWS transfers ownership or operations of the Sewers to another party and the Agreement
referred to in section 13.3 below is executed. AWS shall not transfer ownership or operations of
the Sewers to another party without the prior written consent of the Township, which shall not be
unreasonably withheld.
13.2 Either party may terminate this Agreement without cause upon twelve (12) months'
advance written notice to the other party. In the event of such termination, AWS shall transfer
ownership of the Town Sewers to the Township and AWS shall comply with its obligations as
set out in section 11.5 herein.
13.3 Prior to any transfer of ownership or operation of the Sewers, AWS shall have provided
the Township with thirty (30) days notice of such impending transfer and shall have advised the
prospective owner or operator of this Agreement and its requirement to enter into a similar
agreement with the Township and such similar agreement shall have been executed by the
prospective owner or operator and the Township. Notwithstanding the foregoing, nothing
contained herein shall restrict AWS from effecting any changes in corporate ownership or
structure and continuing its obligations hereunder subsequent to any such change in corporate
ownership or structure.
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/ deJ -/(p
13.4 Upon the coming into force of Municipal Act, 2001 and the enactment of regulations
permitting the creation of municipal infrastructure corporations for the operation of water
systems, sewers and sewage treatment plants, the parties agree to consider the benefits of
creating and participating in such corporation, and if necessary, to amend or rescind this
Agreement in consideration thereof.
ARTICLE 14. GENERAL PROVISIONS
14.1 All notices, requests, demands or other communications by the terms hereof required or
permitted to be given by one party to another shall be given in writing by personal delivery or by
registered mail, postage prepaid, addressed to such other party or delivered to such other party
as follows:
to the Township at: Box 100
Oro Station, ON LOL 2XO
Attention: Township Clerk
Fax: (705) 487-0133
to AWS at:
1 00 King Street West
P.O. Box 57159, Jackson Station
Hamilton, ON L8P 4X1
Attention:
Fax:
(905) 521-9613
or at such other address as may be given by any of them to the others in writing from time to
time and such notices, requests, demands or other communications shall be deemed to have
been received when delivered, if facsimile transmission three (3) business hours after
transmission, or, if mailed, three (3) days after the day following the day of the mailing thereof;
provided that if any such notice, request, demand or other communication shall have been
mailed and if regular mail service shall be interrupted by strikes or other irregularities, such
notices, requests, demands or other communications shall be deemed to have been received
three (3) days after the day following the resumption of normal mail service.
14.2 The parties hereto shall sign such further and other documents, cause such meetings to
be held, resolutions passed and by-laws enacted, exercise their vote and influence, do and
perform and cause to be done and performed such further and other acts and things as may be
necessary or desirable in order to give full effect to this Agreement and every part hereof.
14.3 The parties hereto acknowledge and agree that this Agreement shall be registered on
title to the Lands and any existing encumbrances registered on title to the Lands shall be
postponed in favour of the registration of this Agreement.
14.4 Time shall be of the essence of this Agreement and of every part hereof and no
extension or variation of this Agreement shall operate as a waiver of this provision.
14.5 This Agreement constitutes the entire agreement between the parties hereto with
respect to all of the matters herein and its execution has not been induced by, nor do any of the
parties hereto rely upon or regard as material, any prior or concurrent representations or
writings whatsoever not incorporated herein and made a part hereof.
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14.6 In the event that any provision of this Agreement shall, for any reason, be determined to
be invalid, illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree as to such amendments, modifications or supplements of this Agreement, that to the
maximum extent practicable in light of such determination, implement and give effect to the
intentions of the parties as reflected herein, and the other provisions of this Agreement shall, as
so amended, modified or supplemented, or otherwise affected by such action, remain in full
force and effect.
14.7 This Agreement may be executed in counterparts and by fax, each of which counterpart
shall be deemed an original, and all of which when executed and delivered, shall together
constitute one and the same instrument.
14.8 Neither this Agreement nor any provision hereof may be changed, modified, amended or
waived except by written agreement executed by each party hereto.
14.9 This Agreement shall be construed in accordance with, and governed by, the laws of the
Province of Ontario.
14.10 This Agreement and the covenants, provisions, conditions and schedules therein, shall
enure to the benefit of and be binding upon the respective successors and assigns of each of
the parties hereto.
ARTICLE 15. COSTS OF ADMINISTRATION
15.1 AWS hereby covenants and agrees to pay, in addition to the costs associated with the
retention of the Township Engineer, to the Township, any and all reasonable costs associated
with the negotiation and administration of this Agreement, including any and all costs charged to
the Township for retaining legal counselor other consultants, excluding the maximum amount
allocated to the Township Engineer, to the maximum of ten thousand dollars ($10,000.00). For
any amounts greater than such amount, the Township shall provide a copy of the invoice to
A W S for its review and approval as to payment.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement as of
the date first written above.
THE TOWNSHIP OF ORO-MEDONTE
AMERICAN WATER SERVICES
CANADA CORP.
C <-.A-;-J c...
to,~o " ..
Per: 'il · ~
Name' "'fim1R .
Title: . ASSISTANT SECRETARY
Per:
Name:
Title: Mayor
Per:
Name:
Title: Township Clerk
15
H:\Construction & Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMRA-Jan 17.03-Final.doc
j()e)-rt
SCHEDULE "A"
LEGAL DESCRIPTION OF THE LANDS
Part of Parcel 1-3, Section 51-MED-3, in the Township of Oro-Medonte (formerly in the
Township of Oro), in the County of Simcoe, designated as Part 1 on Plan 51R-30017, being
Part of the East Half of Lot 2, Concession 3
Part of Parcel 1-3, Section Med-3, in the Township of Oro-Medonte (formerly in the Township of
Oro), I the County of Simcoe, designated as Part 2 on Plan 51 R-27515, being Part of the East
Half of Lot 2, Concession 3
Parcel 1-4, Section 51-0ro-3, being composed of Part of Lot 1, Concession 4, designated as
Parts 1, 2, and 4 on Plan 51 R-15088, Township of Oro-Medonte (formerly in the Township of
Oro), County of Simcoe, and Parcel 1-22, Section 51-0ro-3, being part of Lots 1 and 2,
Concession 4, Part of Lots 1 and 2, Concession 3, Part of the Original Road Allowance between
Concessions 3 and 4 (Closed by By-Law No. 814 registered as Instrument No. 164818,
designated as Part 3 on Plan 51 R-15088 and Parts 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 15,24, 25,26,
27,28,29, 30, 31,32,33, 34, 35, 36, 37, 38, 39, 40, 41,42,43,44,45,46,47 and 48, Plan
51 R-28722, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe
The Remainder of Parcel 1-3, Section 51-0ro-3, being composed of Part of Lot 1, Concession
4, in the Township of Oro-Medonte (formerly in the Township of Oro), in the County of Simcoe
16
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SCHEDULE "B"
I:J~ //1
DESCRIPTION OF THE SEWERS
· Original trunk sewer
· Trunk Sewer Extension to be constructed
· Phased-in construction of collector sewers, forcemain and pumping station to be located
within the Adult Community and connected to the Facility (the "Community Sewers")
· Additional collector sewers, forcemains and pumping station, which may be constructed
on lands owned by the Township within close proximity to the Adult Community and
connected to the Facility (the "Town Sewers")
17
H:\Construction & Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMRA-Jan 17,03-Final.doc
SCHEDULE "C"
CERTIFICATE OF APPROVAL FOR THE SEWERS
[to be provided once issued by the Ministry]
18
H:\Construction & Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMRA-Jan 17.03-Final.doc
/ ;k;;-fjo
I drlrl71
SCHEDULE "0"
REPLACEMENT AND RESERVE COSTS
The current configuration of the sewer does not include pumps, other rotating equipment or
pumping stations (that degrade over time).
The Replacement Fund Allocation is structured to include routine inspection and maintenance of
the sewers and manholes, as well as replacement. Routine sewer maintenance is generally
comprised of:
. Camera inspection every five (5) years or as required
. Annual inspection of manhole and frame condition
. Local sewer flushing on an as required basis
A contribution will be made to the Replacement Fund Allocation on an annual basis, to cover
costs associated with the above, as follows:
YEAR CONTRIBUTION YEAR CONTRIBUTION
1 $5,000 11 $6,719
2 $5,150 12 $6,921
3 $5,305 13 $7,129
4 $5,464 14 $7,343
5 $5,628 15 $7,563
6 $5,796 16 $7.790
7 $5,970 17 $8,023
8 $6,149 18 $8,264
9 $6,334 19 $8,512
10 $6,524 20 $8,767
19
H:\Construction & Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMRA-Jan 17,03-Final.doc
/J-r)~1
TOWNSHIP OF ORO-MEDONTE
REPORT
DEPT. REPORT NO.: TO: COUNCIL PREPARED BY:
EES2003-07 Keith Mathieson
SUBJECT: DEPARTMENT:
COUNCIL:
BestPro Corporation - Engineering and
Amended Subdivision Environmental Services
C. OF W.: Agreement
DATE: January 24, 2003
MOTION #:
DATE: R. M. FILE NO.:
L04-12054
BestPro Corporation and the Township of Oro-Medonte entered into a Subdivision Agreement in
June, 2002 to construct a 30-lot subdivision within the village of Edgar. Section 1.12 of this
Agreement requests the Developer to notify each prospective purchaser that "in-house treatment
systems will be required to provide water quality (potable)".
Report #ES2002-44 was presented to Council and approved supporting the Developer's request to
the Ministry of the Environment to revise the conditions and Agreement for the subdivision and if
approved by the M.O.E., an amended Subdivision Agreement would be presented to Council for
consideration.
Attached for Council's perusal is correspondence dated November 5, 2002 from the Ministry of the
Environment accepting revisions to the wording in Section 1.12 Ministry of the Environment and an
amended Subdivision Agreement incorporating the revised wording in Section 1.12.
.1. THAT this report be received and adopted.
2. THAT the Township of Oro-Medonte and Bestpro Corporation enter into an Amending Subdivision
Agreement.
3. THAT the Clerk prepares a By-law to enter into an Amending Subdivision Agreement for Council's
consideration.
R(=:! submITted,
Keith Mathieson
tJ~
DAZ) ~
~/65
I
C.A.O. COMMENTS:
C.A.O.:
J
DEPT. HEAD:
]"[05/2002 15:57
----
519-873-5020
LONDON REGIONAL MOE
PAGE 02/02
'Z' lItage
659, chemin EJ<eter
London, ON NeE 1 L3
Till.; (519) 873-5000
1.800-265-7672
Telae. : (519) 873-5020
I ;;f).j .
@ Ontario.
Ministry of Environment
and Ensrgy
2'" Floor
659 EX9ter Road
Lon<jo!'\. ON N6E 1L:3
Tel.: (519) 813-5000
1-800-265-7672
Fax: {S19} 873-5020
Ministere de l'Envlronnement
et de l'Energie
November 5,2002
Keith Mathieson, Director
Engineering & Environmental Services
Township of Oro-Medonte
Box 100
Oro, Ontario
LOL 2XO
Dear Mr. Mathieson:
RE: Plan ofSubdivisiou. 43T-93016, Edgar Subdivision
In our August 27, 2002 comment on the water testing data and analysis by Wilson & Associates (July
5, 2002) we noted a deficiency in the sampling for mercury. In response the consultant re-sampled
and provided the results to us September 10, 2002. We have reviewed that material and advise that
the sampling was satisfactory and did not identify the presence of mercury above the detection level.
Based on this further work would accept revisions to the subdivision agreement and conditions of
subdivision approval as proposed.
If clarification is required or questions arise please contact the undersigned at (519) 873-5013.
"
W. Annstrong, MCIP,
Environmental Planner
Southwestern Region
cc B. Clement, Skelton Brumwell
C. Seabrook
H. Pierard
THE CORPORATION OF THE
/~ () ,<-/
f
148 Line 7 S.. Box 100
Ora, Ontario LOL lXO
TOWN01IIP
(g/V-~J16edvW
Phone (705)487-2171
Fax (705) 487-0133
www.township.oro-medonte.on.ca
August 20,2002
Ministry of the Environment
659 Exeter Road
2nd Floor
LONDON, Ontario
N6E 1 L3
ATTENTION: Mr. Bill Armstrong
Re: Edgar Subdivision - Ministry File - 43T-93016
Subdivision Agreement
Dear Mr. Armstrong:
On August 6,2002, the Township of Oro-Medonte and BestPro Corporation entered into
a Subdivision Agreement to construct a thirty-(30) lot subdivision in the Village of Edgar.
Enclosed is Section 1.12, Ministry of the Environment, from the Subdivision Agreement
that was required per Draft Plan Condition #9.
Upon receipt and review of the resamples from Well #3 by Ian D. Wilson ahd Associates
Limited dated June 28, 2002, Motion #CW-43 from the Committee of the Whole Meeting
of August 14, 2002, was received and adopted by Council supporting the request from
BestPro Corporation to amend the existing Subdivision Agreement wording.
If approved by the M.O.E., the wording in Section 1.12 of the amended Subdivision
Agreement would read as follows:
1.12 MINISTRY OF THE ENVIRONMENT
The Developer, and each individual lot owner, agrees to comply with the
requirements and recommendations of the hydrogeologist's report prepared by
Ian D. Wilson and Associates Limited dated October 2, 1990, Addendum No. 1
dated March 29, 1993, Addendum No.2 dated June 20, 1995, and Addendum #3
dated July 5, 2002.
. . ./2
/J{J-s.
age Two
to Mr. Bill Armstrong, M.O.E.
Re: Edgar Subdivision - Ministry File - 43T-93016
August 20,2002
In addition, the Developer shall notify each prospective purchaser of a lot(s) that
a) Wells should only be constructed into the water supplies that had their
quality confirmed through testing;
b) Elevated Iron and Manganese concentrations are possible in groundwater
supplies and may require the use of in-house treatment units to achieve
aesthetically acceptable levels of Iron and/or Manganese, should it be
desired by the resident.
Please contact the undersigned at (705) 487-6499 if you require any further information
with regards to this matter.
Sincerely,
r
TO~ ORO-MEDONTE
Keith Mathieson, C.R.S.I.
Director of Engineering and Environmental Services
KM/ps
"
Enclosure
REPORT
/:;r)~
DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY:
# ES2002-44 WHOLE Ke ith Mathieson
SUBJECT & FILE #: DEPARTMENT:
COUNCIL:
Public Works
Edgar Subdivision
C. OF W.: Ministry File # 43T -93016
DATE: August 6, 2002
MOTION #:
DATE: R. M. FILE #: D12-6761
Prior to draft plan approval for the 30 Lot Edgar Subdivision, a test well was installed to evaluate the
potential for a communal water supply system in 1990. This original development concept was
changed from a communal water supply system to individual wells. This change resulted in The
Ministry of the Environment requesting four (4) more test wells in 1995.
The report prepared by Ian Wilson Associates Ltd. of the wells in 1995, showed that there was some
exceedence of both iron and manganese above the drinking water standard as summarized in the
attached chart. "
Both iron & manganese are considered aesthetic and not health related.
Well #3 in 1995 detected mercury at 0.5 ug/L. Although below the health related drinking water
objective of 1 ug/L, Ian Wilson in his report suggested that the mercury detected was believed to be a
laboratory error. To ensure that there was no mercury contamination the M.O.E. requested reo
sampling of the well, which was never done, resulting in the draft plan conditions 9 (a) warning
concerning water quality (Potable).
This development has recently been sold and the new owner has proceeded with M.O.E. request to
have well #3 retested. The water test was preformed by Ian Willson Associates Limited and have
been attached for councils perusal.
Of note pages 3 &4 of the 2002 report shows the mercury content of the water was non-detectable
. and the iron content of the water is considerble lower.
The developer is requesting that the M.O.E. reword the draft plan condition #9 required in the
subdivision agreement to remove the warning concerning water quality (potable) and is requesting
the Township support is amendment.
upported by council and approved by the M.O.E., this will require an amendment to the existi
bdivision agreement, which would be presented to council for consideration.
1. THAT Council receives and adopts this report.
2. That the Township of Oro-Medonte support Bestpro Corporation's request to the MOEE to reword
draft plan condition #9 in the subdivision agreement.
To Read:
9 (a) That the subdivision agreement contains the appropriate caution that groundwater may
contain aesthetically elevated levels of iron and lor manganese, which may require the use on in-
home treatment systems to reduce these parameters to levels below applicable aesthetic drinking
water standards. The Municipality concurs with the utilization of in-home treatment systems.
9 (b) That the subdivision agreement contains a requirement that all agreements of purchase
and sale entered into by the subdivider contain the appropriate caution. That groundwater may
contain aesthetically elevated levels of iron and / or manganese, which may require that use of in-
home treatment systems to reduce these parameters to levels below applicable aesthetic drinking
water standards, to the satisfaction of the Ministry of the Environment and Energy.
Respectfully Submitted
.',
Keith Mathieson
Director of Engineering and Environmental Services
C.A.O. COMMENTS:
DATE:
C.A.O.:
DEPT. HEAD:
"
THIS SUBDIVISION AMENDING AGREEMENT made as of the _ day of
January, 2003.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
- and -
BESTPRO CORPORATION
(hereinafter called the "Developer")
WHEREAS:
A. The Developer and the Township have entered into a Subdivision Agreement
dated the 26th day of June, 2002 and registered August 6, 2002 as Instrument No.
SC44725 (the "Subdivision Agreement") in respect to the lands legally described
as Lots 1-30, both inclusive, and Blocks 31 to 44, both inclusive on Plan 51M-
723, Township ofOro-Medonte, County of Simcoe; and
B. The Developer and the Township wish to amend the Subdivision Agreement on
the terms and conditions hereinafter set forth;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
sum of Two Dollars ($2.00) of/awful money of Canada (now paid by each party to the
other) and other good and valuable consideration (the receipt and sufficiency of which is
hereby acknowledged) the Developer and the Township hereby agree as follows:
1. Section 1.12 of the Subdivision Agreement is hereby deleted and replaced with
the following provision:
1.12 MINISTRY OF THE ENVIRONMENT
The Developer, and each individual lot owner, agrees to comply with the
requirements and recommendations of the hydrogeologist's report
prepared by Ian D. Wilson and Associates Limited dated October 2, 1990,
Addendum No. I dated March 29, 1993, Addendum No.2 dated June 20,
1995, and Addendum No, 3 dated July 5, 2002.
In addition, the Developer shall notify each prospective purchaser of a
lot(s) that:
(a) Wells should only be constructed into the water supplies
that had their quality confirmed through testing;
(b) Elevated Iron and Manganese concentrations are possible
in groundwater supplies and may require the use of in-
house treatment units to achieve aesthetically acceptable
levels ofIron and/or Manganese, should it be desired by the
resident.
2.
All capitalized terms not otherwise defined herein shall have the meanings
ascribed to them in the Subdivision Agreement.
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3. The parties hereto ratify and confirm that all other terms of the Subdivision
Agreement remain the same and continue in full force and effect.
4. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original and all of which taken together shall be deemed
to constitute one and the same instrument. Counterparts may be executed either
in original or faxed form and the parties adopt any signatures received by a
receiving fax machine as original signatures of the parties; provided, however,
that any party providing its signature in such manner shall promptly forward to
the other party an original of the signed copy of this Agreement which was so
faxed.
5. This Agreement shall enure to the benefit of and be binding on the parties hereto
and their respective permitted successors and assigns.
IN WITNESS WHEREOF the parties have duly executed this agreement as of the
date first written above.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Name:
Title:
Name:
Title:
BESTPRO CORPORATION
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N.ame: .pa~IE <;"71L-\
Title: (1CE<:;.IJ}Er-/,
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Name: /1? Ei5/'?Cl:C(:::'/
Title: "~
I/We have authority to bind the Corporation.
::ODMA\PCDOCSIDOCS\1401383\1
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TOWNSHIP OF ORO-MEDONTE
PLANNING ADVISORY COMMITTEE
MINUTES
JANUARY 21, 2003
MEMBERS PRESENT: Susan Grant, Fran Sutton, Bob Barlow, Councillor Don
Bell, Councillor Ruth Fountain, Councillor Paul Marshall
MEMBERS ABSENT: Mayor Neil Craig, Peter Wigham
STAFF PRESENT: Andria Leigh, Senior Planner
1 . Call to Order by Chairman
Councillor Marshall had indicated that he would be late for this meeting. In the
absence of the Chairman, Councillor Fountain called the meeting to order at 7:05
p.m.
2. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF - IN ACCORDANCE WITH THE ACT."
None Declared.
3. Adoption of Minutes
Moved by Bob Barlow, seconded by Susan Grant
That the minutes of the meeting of the Township of Oro-Medonte Planning
Advisory Committee held on December 3, 2002 be adopted as printed and
circulated.
Carried.
4. Correspondence and Communication
None.
Councillor Marshall assumed the Chair at 7:15 p.m.
/ 36))/
5. Deputations
7:00 p.m. 1391088 Ontario Ltd. (Stand Fast Investments)
Concession 14, Part of Lot 16 (Medonte)
Proposed Zoning By-law Amendment
P-142/02
In Attendance: Mr. Calvin Grant, Applicant
Ms. Leigh explained the background on this application and reviewed her planning
report with the Committee. The property is located within the Rural Settlement Area of
Warminster and is subject to the policies contained in Section D4.3.3, which are the
requirements for new commercial uses. The application appears to conform with those
policies as the intended self-storage units would only be located within the existing
building and no outdoor storage would be permitted. The property would also be
subject to Site Plan Control prior to consideration of a Zoning By-law Amendment.
The Committee had a number of items for discussion including: parking requirements,
fire code compliance, public access to the storage units. The applicant indicated that he
had been working with the fire department, that the access was to be limited through the
existing post office hours, and that parking would be addressed through the site plan
process.
Moved by Susan Grant, seconded by Fran Sutton
"It is recommended to C~uncil that Development Application P-142/02,
1391088 Ontario Limited (Stand Fast Investments), Concession 14, Part of
Lot 6 (Medonte) 9813 Highway 12, a proposed Zoning By-law Amendment
proceed to a Public Meeting in accordance with the requirements of the
Planning Act."
Carried.
7:10 p.m. Pabar Marketing Corporation (Agent - Quality Homes)
P-144/03
Concession 10, West Part of Lot 20 (Oro)
In Attendance: Mr. Bob Stewart, Agent
Ms. Leigh explained the background on this application and reviewed her planning
report with the Committee. The property is located between Highway 11 and School
House Road east of Line 9 South and is currently designated Agricultural. The owner
has submitted an Official Plan Amendment to re-designate the subject property to a
Commercial designation and is currently completing the additional studies required by
the Municipality. The Temporary Use By-law if approved would permit the use to initiate
prior to the completion of the Official Plan Amendment. If the Official Plan Amendment
were not adopted by the Municipality the Temporary Use By-law would lapse and the
use would be required to cease. Securities would be required to be posted with the
Municipality to ensure removal of the buildings if a permanent change in the designation
i
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and zoning was not successful. Ms. Leigh explained that the current Agricultural/Rural
zoning would permit the house with basement and the storage building to remain on site
if no change in zoning to commercial was successful and would only require the removal
of the other two modular homes and the concrete pads there are constructed on.
Moved by Bob Barlow, seconded by Susan Grant
"It is recommended to Council that Development Application P-144/03,
Pabar Marketing Corporation (Quality Homes), Concession 10, West Part of
Lot 20 (Oro), a proposed Temporary Use By-law Amendment proceed to a
Public Meeting in accordance with the requirements of the Planning Act."
Carried.
7:20 p.m. 1500494 Ontario Inc.
Concession 1, South Half of Lot 1 (Orillia)
Proposed Zoning By-law Amendment
P-132102
In Attendance: No One
Ms. Leigh reviewed her report with the Committee and explained that the property was
located within the Rural Settlement Area designation and the intended self-storage use
was permitted within this designation. The property is subject to site plan approval to
ensure that a number of matters raised at the public meeting by the residents are
addressed to the satisfaction of the Municipality. These would include parking and
loading facilities, landscaping and/or fencing requirements, signage and lighting. The
applicant has submitted the site plan application but is currently obtaining the
appropriate site plan drawings before the application is circulated to the Site Plan
Committee for consideration. The proposed Zoning By-law Amendment would be
subject to a Holding Provision that would not be removed until the Site Plan Agreement
and Drawing are considered favorably by Council.
Moved by Bob Barlow, seconded by Susan Grant
"It is recommended to Council that the Zoning By-law Amendment for
Development Application P-132102, 1500494 Ontario Inc. (Meier),
Concession 1, South Half of Part of Lot 1 (Orillia), 8980 Highway 12, be
adopted."
Carried.
I u~ ~1_
7:30 p.m. 1254554 Ontario Ltd.
Concession 1, Part of Lot 15, 51 R-2993, Part 1.
51 R-27229, Part 2 (Orillia)
Proposed Zoning By-law Amendment
P-145/03
In Attendance: Mr. Ken Secord, Applicant
Ms. Leigh reviewed her planning report with the Committee and explained that the
property is currently designated Commercial and therefore is subject to the policies of
Section 08.4 which addressed the matters to be considered when the site plan
application is submitted. The applicant is currently operating a retail business on the
property and is requesting permission to include auction sales as part of this commercial
business, which would be held through the week primarily, and not weekends. This use
would be a supplement to the existing commercial business. Ms. Leigh indicated that
the property and the proposed use would be subject to site plan approval to ensure that
parking and loading facilities, accessory outdoor storage, and other landscaping
measures are addressed to the satisfaction of the Municipality.
Moved by Susan Grant, seconded by Bob Barlow
"It is recommended to Council that Development Application P-145/03,
1254554 Ontario Limited (Ken Secord), Concession 1, Part of Lot 15, RP
51 R-2993, Part 1 and RP 51 R-27229, Part 2 (Orillia), 5287 Highway 11, a
proposed Zoning By-law Amendment proceed to a Public Meeting in
accordance with the requirements of the Planning Act."
Carried.
7:40 p.m. Mark Porter and Greg Bell
Concession 2, Part of Lot 2 (Oro)
Proposed Zoning By-law Amendment
P-139/02
In Attendance: No One
Ms. Leigh reviewed her planning report with the Committee and explained that the
zoning by-law amendment no longer included provisions for sanitary facilities in the
boathouse but did continue to permit a deck in the shoreline area, which would still
require a permit from the Lake Simcoe Region Conservation Authority. Ms. Leigh
explained that the application conformed with the requirements of the Official Plan and
would correct a number of technical matters on the subject properties.
Moved by Susan Grant, seconded by Fran Sutton
"It is recommended to Council that the Zoning By-law Amendment for
Development Application P-139/02, Mark Porter and Greg Bell, Concession
2, Part of Lot 2 (Oro) be adopted."
Carried.
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7:45 p.m. Horseshoe Resort Corporation
Concession 4, Part of Lots 1 and 2 (Oro)
Proposed Zoning By-law Amendment
P-135/02
This application was deferred to a subsequent meeting of the Committee.
6. Other Business
None.
7. Adjournment
Moved by Bob Barlow
That the meeting now adjourn at 8: 1 0 p.m.
Carried.
Councillor Paul Marshall, Chairman
Andria Leigh, Senior Planner
Ministre
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Ontario
-, ly
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Ministry of Culture
Minister
Ministere de la Culture
12th Floor, Ferguson Block
77 Wellesley Street West
Toronto, ON M7A 1N3
Tel: (416) 327-2333
Fax: (416) 327-3790
12' etage, Edifice Ferguson
77, rue Wellesley ouest
Toronto, ON M7A 1N3
Tel.: (416) 327-2333
Telec.: (416) 327-3790
Ms. Lynda Aiken
Chief Executive Officer
Township of Oro-Medonte
P.O. Box 100
148 Line 7 South
Oro, Ontario
LOL 2XO
January 13, 2003
Dear Ms. Aiken:
Re: File Number: 2002-1 DBC-1333
Public Library Operatinq Grant Proqram 2002 - Ministry of Culture
I am pleased to announce the Ministry's 2002 operating grant to your library. Your library's
operating grant amount is $29,702. The library operating grant is conditional on adherence to
the Public Libraries Act and its Regulation 976.
This is an exciting time as libraries develop new partnerships and services that expand the
definition of the public library and recognize the growth of the knowledge economy. The
Government of Ontario is proud to be a partner with the municipal sector and the many
volunteers who support Ontario's public libraries and sustain this important service.
The Government of Ontario is committed to a strong and accessible public library system.
Best wishes for another successful year of providing excellent library services to your
community.
Yours truly,
c. Garfield Dunlop
M.P.P., Simcoe-North
JAN-24-2003 FRI 04:56 PM MERIDIAN PLAN
_._. -~"'." ..... ~~.' ....-.. .-. ~~......
FAX NO. 17057375078
P. 02/02
Ms. Mary Filipetto
Ontario Municipal Board
15th Floor
655 Bay Street, ON
M5G 1 E5
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January 24, 2003
Re: Buffalo Springs Draft Approved Plan of Subdivision
OMP File No 0930065, R910S81 and 5930038
MMAH File No: 43T-91031
Township of Oro-Medonte
Our File Number 2328
Dear Ms. Filipetto:
I am writing on behalf of the Township of Oro-Medonte to indicate that Council has passed a resolution.
which is attached. that authorizes our firm to initiate the process to undesignating and unzoning the lands
which are subject to the above draft approval. These initiatives will be carried out in an open and
transparent manner and will culminate in the holding of a public meeling in accordance with Sections 17
and 34 of the Planning Act
The timing of the date of public meeting is unknown. However, following the hOlding of pUblic meeting
Council may decide to formally ask the Ontario Municipal Board to lescind Draft Approval of the above
noted plan of subdivision. At that point. we would be in the Boarlj's hands with respect to how that
request could be accommodated.
In the interim, if you have any questions. please give me a call.
Yours truly.
1l~~
Partner
NMfJrw
C. Jennifer Zieleniewski. CAO
Andria Leigh. Planner
Chris Williams. Aird & Berlis
113 Collier Street, Barrie. ON Canada L4M 1H2 . Tel: 705737.451;;! · F<))(: i05.737.S07B · WebEoite: www.meridianplan.ca
Sa,; Wellingtun lower, Box 792.181 Bay Su-r.et. SUiCB 2:310. Toronto. ON M5J 2T3 . Tel: 416.977.7511 · Fax: 416.977.9850
2400 Meadowpina Boulavar'd, Suite #102. MissiSI>Buga. ON L5N 6S2 . Tel: 905.828.7998 · Fax: 905,819.2994
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
..
BY-LAW2003-00'3
A By-law to rezone Part of Lot 1 and 2, Concession 2, Township of Oro-Medonte (fonnerly
Township of Oro), County of Simcoe (PorterlBell).
WHEREAS Zoning By-law 1997-95 was enacted to regulate the use of land and the character,
location, and use of buildings and structures within the Township of Oro-Medonte;
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it
appropriate to further amend By-law 1997-95, as amended;
AND WHEREAS this by-law is in conformity with the Official Plan of the Township of Oro-
Medonte;
AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O., 1990 c.
P. 13, to the Council of the Township of Oro-Medonte to exercise such powers.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSIllP OF
ORO-MEDONTE ENACTS AS FOLLOWS:
1. Schedule "AI" of By-law 1997-95 for the Township of Oro-Medonte, as amended, is
hereby further amended by rezoning those lands shown on Schedule "A" attached hereto,
from the AgriculturalJRural Exception (AIRU*135) Zone, the Shoreline Residential
Exception (SR*135) Zone, and the Environmental (EP) Zone to the AgriculturaURural
Exception (AIRU*134) Zone, the Shoreline Residential Exception (SR*134) Zone, the
Shoreline Residential Exception (SR* 135) Zone, the AgriculturaURural Exception
(AIRU*135) Zone, and the Environmental Protection Exception (EP*135) Zone.
2. Schedule "AI" of By-law 1997-95 for the Township of Oro-Medonte, as amended, is
hereby further amended by rezoning those lands shown on Schedule "A" attached hereto,
from the AgriculturalJRural (AIRU) Zone and Environmental Protection (EP) Zone to
AgriculturalJRural Exception (AIRU*136) Zone, the Shoreline Residential Exception
(SR * 136) Zone, and the Environmental Protection Exception (EP* 136) Zone.
3. That Subsection 7 of By-law 1997-95 is hereby amended by replacing subsection 135 with
the following subsection:
7.135 *135 - PART OF LOTS 1 AND 2, CONCESSION 2
(FORMER ORO)
Notwithstanding any other provision in this By-law, the minimum
lot frontage required is approximately 138 metres (452 feet), and
minimum lot area required is approximately 4.5 hectares (11.1
acres) on the lands denoted by the symbol * 135 on the schedule to
this By-law. Further notwithstanding any other provisions in this
by-law buildings or structures are permitted on the lands zoned
AgriculturaURural (AIRU) and denoted by the symbol * 135 on the
schedule to this by-law. For the purposes of the Section such
buildings or structures may include a swimming pool, a tennis
court, change facilities, and garage/storage buildings, provided
such buildings or structures are accessory to the residential use on
the same lot. And further notwithstanding any other provisions in
the By-law, including the provisions under Section 5.28, a deck
located adjacent to the shoreline is permitted on the lands zoned
Environmental Protection (EP) and on lands zoned Shoreline
Residential (SR) and denoted by the symbol *135 on the schedule
to this By-law.
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4.
That subsection 7 of By-law 1997-95 is hereby amended by the addition of the following
subsection:
"
7.136 *136 - PART OF LOTS 1 AND 2, CONCESSION 2
(FORMER ORO)
Notwithstanding any other provision in this By-law, the minimum
lot frontage required is approximately 75 metres (246 feet), and
minimum lot area required is approximately 3.0 hectares (7.4
acres) on the lands denoted by the symbol * 136 on the schedule to
this by-law. Further notwithstanding any other provisions in this
by-law buildings or structures are permitted on the lands zoned
AgriculturallRural (AlRU) and denoted by the symbol *136 on the
schedule to this by-law. For the purposes of the Section such
buildings or structures may include a swimming pool, a tennis
court, change facilities, and garage/storage buildings, provide such
buildings or structures are accessory to the residentiaJ use on the
same lot. And further notwithstanding any other provisions in the
by-law, including the provisions under Section 5.28, a deck located
adjacent to the shoreline is permitted on the lands zoned
Environmental Protection (EP) and on lands zoned Shoreline
Residential (SR) and denoted by the symbol *136 on the schedule
to this By-law.
5. Schedule "A", attached, foons part of this by-law.
6. This by-law shall take effect and come into force pursuant to the provisions of and
regulations made under the Planning Act, R.S.o., 1990 c. P. 13.
BY-LAW READ A FIRST AND SECOND TIME, THIS _ DAY OF
BY-LAW READ A TillRD TIME AND FINALLY PASSED TillS _ DAY OF
2003.
2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
..
4
Schedule ~' fo BY-law
This is Schedule 'A' to By-law 2003-003
IIaSsed the 5th day of February. 2003
f
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Mayor
J. Neil Craig
Clerk
Marilyn Pennycook
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RE:\nSIONS:
SCHEOULE A
PROPOSE:O ZONING CH"'NOES
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Lucas & Associates
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003- 00.<1
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A By-law to Rezone Concession 1, Part of Lot 1, RP 51R-I2429, Part 1, Township of Oro-
Medonte (formerly Township of Orillia), County of Simcoe (1500494 Ontario Ine - Meier).
WHEREAS Zoning By-law 1997-95 was enacted to regulate the use of land and the character,
location, and use of buildings and structures within the Township of Oro-Medonte;
AND WHEREAS the Council of the COIporation of the Township of Oro-Medonte deems it
appropriate to further amend By-law 1997-95, as amended;
AND WHEREAS this By-law is in conformity with the Official Plan of the Township of Oro-
Medonte;
AND WHEREAS authority is granted pursuant to Section 34 of the Planning Act, R.S.O., 1990 c.
P. 13, to the Council of the Corporation of the Township of Oro-Medonte to exercise such powers.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE ENACTS AS FOLLOWS:
1. Schedule "AI9" of By-law 97-95 for the Township of Oro-Medonte, as amended, is hereby
further amended by rezoning those lands shown on Schedule "A", attached hereto, from the
General Commercial (GC) Zone to the General Commercial Exception Holding (GC*153(H))
Zone.
2. That Subsection 7 of By-law 97-95 be and is hereby amended by the addition of the following
subsection:
"7.153
* 153 - CONCESSION I, PART OF LOT I,
RP 51R-12429, PART 1 (FORMER ORllLIA)
Notwithstanding any other provision in this By-law, a commercial self
storage establishment is permitted on the lands denoted by the symbol *153
on the schedules to this By-law."
3. The Holding Provision shall not be removed until such time as a Site Plan Agreement is
executed and registered on title.
4. Schedule, "A", attached, forms part of this By-law.
5. This By-law shall take effect and come into force pursuant to the provisions of and regulations
made under the Planning Act, R.S.O., 1990 c. P. 13.
BY-LAW READ A FIRST AND SECOND TIME, THIS 5TH DAY OF FEBRUARY, 2003.
BY-LAW READ A TIDRD TIME AND FINALLY PASSED THIS
, 2003.
DAY OF
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor - J. Neil Craig
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Clerk - Marilyn Pennycook
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Schedule 'A' to By-Law
2(1n3-nOd
.
This is Schedule 'A' to By-Law 2003 - 0 04
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passed the
5th day of
February
2003
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Mayor
J. Neil Craig
Clerk
Marilyn Pennycook
300
150
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300 Meters
W+B
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PROPERTY SUBJECT TO REWNING
"_H._.__..,_._. _
AREA TO BE REZONED FROM THE GENERAL COMMERCIAL (GC)
ZONE TO THE GENERAL COMMERCIAL EXCEPTION
HOLDING (GC*153(H)) ZONE
/
Township of Oro-Medonte
~
..
..
THE CORPORATION OF THE TOWNSIDP OF ORO-l\IEDONTE
BY-LAW NO. 2003- 006
"
BEING A BY-LAW TO DEEM CERTAIN PLANS OF SUBDIVISION OR PARTS
THEREOF NOT TO BE REGISTERED PLANS OF SUBDIVISION WITmN THE
MEANING OF THE PLANNING ACT R.s.O. 1990 c. P. 13, AS AMENDED.
WHEREAS it is considered desirable in order to control adequately the development of certain
areas within the Township of Oro-Medonte, that certain existing Plans of Subdivision be deemed
not to be registered Plans of Subdivision for the purposes of Section 50(3) of the Planning Act
RS.O. 199Oc. P. 13, as amended.
AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has the
authority pursuant to Section 50(4) of the Planning Act, RS.O. 1990 c.P.13, as amended, may by
by-law designate any Plan of Subdivision or part thereof, to not be registered Plans of Subdivision
for the purposes of Section 50(3) of the said Planning Act R.S.O. 1990 c. P. 13, as amended.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSIDP OF
ORO.MEDONTE ENACTS AS FOLWWS:
1. That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto
pursuant to Section 50(4) of the Planning Act R.S.O. 1990 c.P. 13, as amended, are hereby
deemed not to be a registered plan of subdivision for the purposes of Section 50(3) of the
Planning Act RS.O. 1990 c.P. 13, as amended.
2. That Schedule "A" attached hereto fonDS part of this by-law.
3. This By-law shall come into force and effect subject to the provisions of Section 50(26), (28),
and (29) of the Planning Act, R.S.O. 1990, c.P. 13 as amended.
BY.LA W READ A FIRST AND SECOND TIME, THIS Sth DAY OF FEBRUARY 2003.
BY.LA W READ A THIRD TIME AND FINALLY PASSED THIS
DAY OF FEBRUARY, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO.MEDONTE
Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
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SCHEDULE "A" TO BY -LA W 2003- 0 0 6
a
The following Registered Plan is situated in the Township of Oro-Medonte in the County of
Simcoe:
..
Registered Plan M-726, Lots II and 12
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Feb-04-2003 05:02pm From-CHEETAHA GIRLS
, ,
IONS INC,
4165388591
T-090 P.002/004 F-3G7
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ICEBOUND PRODUCTIONS (MUSE) INC.
940 LANSDOWNE AVE. BLDG. #15 _ 3tCL) FLOOR
TORONTO ONTARIO
M6H 3Z4
PH: 416-538-4607 /1 / ) /
FX: 416...s38~679 Ie -
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February 04 2003
Jennifer Zieleniewski
CAO
The Corporation of the Township ofOro-Medonte
148 Line 7 S. Box 100
Oro, Ontario
LOL 2XO
Via Facsimile: 1-705-487-0133
Dear Jennifer
Re: Proposed fUrning at Oro-Medontt; Memorial Park
Let me begin by thanking you and yom township for your enthusiasm for our project. We
came to the final decision on Monday to fully commit to Lake Simcoe as our primary
location.
Icebound Productions is currently preparing a television movie about the true story of Dr.
Jerri Neilson, a physician stationed at the South Pole. Susan Sarandon will play Dr.
Neilson's character. As part of our scheduled work., we would like to confinn our request
to film at the Memorial Park located ~;outh of 9th Line on Lakeshore Road. Our filming
dates currently scheduled are February 17, 18 and 19,2003.
The nature of the scene is to use the flatness of the ice to simulate the landscape of the
Antarctic. We chose Memorial Park for the access to the ice as well as the angle of view
from the shoreline. The Park also WOJ"ks very wen for us with regards to logistical
difficulties often related to the filmmaking process. To accomplish our scheduled work,
we win require we will require the address the park and ice surface in three phases:
Phase 1 (Pr~paration)
All of our film work will take place 011 the ice surface, The amount of preparation time
required for our shoot is estimated currently at 5 business days beginning approximately
on the 10th or 11th of February. We imend to place set dressing that matches the extelior
dre$sing of the South Pole Station.. TI Us dressing includes radio towers. flags, spike-
markers as well as the actual "South Pole". We \Vill also require construction to place a
section of a Hercules C-130 Airplane near the shore to simulate our cast stepping off of a
plane at the Antarctic.
Feb-04-2003 05:03pm From-CHEETAHA GIRLS
.
IONS INC,
4165388591
T-090 P.003/004 F-367
/<ic)~d--
To assist with the preparation, we w(,uld like to request the use of the existing structures
on site. Our intention would be to pn;ssure fit plywood and seal up the openings of the
existing structures and use diesel heal ers to heat the interiors, Our own generators that
would be present on site through out our stay would power lighting and all of our power
tools. We will also require washroom facilities on site. Let me know if the washrooms on
site are seasonal or functional year roond. The number of crew present for the preparation
stage of OUf shoot would consist of20 - 30.
Upon arrival at the park on Monday, it came to our anention that a large amount of huts
have been erected by the fisherman for the winter season. For obvious reasons we cannot
see these on camera and we have a few ways that we can accomplish this. The first and
simplest way is to cover them with snow blankets. The second is to paint them white and
the third and most expensive is to pl~e a wall ofwmte in front of the hut. I assume that
anyone on the ice requires a permit to :fish as well as place a hut. If the huts are numbered
in any way, we will be able to determ.ine the owners, contact them and hopefully have
them permit us to cover their hut for a 4-5 day period. The assistance ofa member from
the Ministry of Natural Resources in 1 his matter would be greatly appreciated.
Stage 2 (Shoot Da)ts)
The shoot days currently scheduled aJ'e February 17) 18 and 19 2003. The majority of our
production vehicles would arrive on tile Friday and Sunday prior to the shoot days. We
would like to request all available parking lots in the area to be cleared and sanded prior
to the 131.h if possible. Please advise if this timefi"ame may be problematic so that we can
arrange a private contractor. On our ~;hoot days we estimate approximately 800 feet of
tractor-trailers, 2-3 5-tons, 6 cube trucks and approximately 100 crew vehicles. The
number of crew vehicles will be reduc;ed on the 2nd and 3rd day with our transpon
department shuttling fi'om the hotels. Traditionally, our film day consists ofa I3-hour
day. We anticipate a start time of 7:00 am on day 1, and an 11:00 ~ 12:00 pm start time on
day 3. This is because of our schedult;d night work that will be required at this location.
With regards to extras holding and lunch space the existing structures that were used for
prep can now be utilised for the filming crew.
Please advise us as how to proceed with filming after 11 :00 pm. Traditionally we canvas
the neighbourhood and acquire permission from the residents.
Stage 3 (Wrap Days)
Our wrap schedule consists of2 - 3 days. This time is ~pent reversing the order of prep.
Our production wilt make every attenlpt to leave Memorial Park in the same condition., or
better than when we arrived.
In your letter you had mentioned a let tef of credit. I assume this is a damage deposit that
will be held be the Township until an inspection is completed and the Township is
Feb-04-2003 05:03pm From-CHEETAHA GIRLS
IONS INC.
4165388591
T-090 P.004/004 F-367
-
/Lfc)3r
.
satisfied. The insurance that you have requested is not a problem. our production carries a
policy for 10 million.
Icebound Productions a.ppreciates yOllr assistance in this endeavour. Please let me know
what additional infonnation you may require and when we can arrange a site survey to
finalise our plans.
Yours truly.
.-...- ----:.;:.
4:;;;:~
Thomas Vencelides
Location Manager
~
----
THE CORPORATION OF THE
/</ C) ~5'
148 Line 7 S., Box 100
Oro, Ontario LOL ZXO
TOWN~IIIP
-&/V-~7I6~
Phone (705)487-2171
Fax (705) 487-0133
www.township.oro-medonte.on.ca
January 28, 2003
BY FAX ONLY 416-538-6679
Mr. Tom Vincelides
CBS Programming
Re: Ice Bound Production
The outline of your project to film at Memorial Park has been brought forward to Ron Kolbe, Director of
BuildingIPlanning; and Jerry Ball, Public Works Superintendent for their input. It is an exciting project and we
are pleased that you have chosen Oro-Medonte, and Memorial Park in particular, as the location. Several
excellent suggestions have been made by staff as to accommodation at the site for trailers, hydro hookups,
shelters, etc.
It is my understanding that the tentative date for the filming would be February 17 and 18,2003. The week
before would be needed for construction on the ice and a few days afterward for cleanup of the site.
Confinnation of these dates is required beforehand. To meet this deadline, your written comments are required
by February 5, 2003 at the latest.
You are no doubt aware that Memorial Park is a public park and it is therefore incumbent on the Township to
ensure that the park is left in the condition it was found when your project is finished. For this reason the
Township requests the following:
1. Please provide a detailed written account of what is to take place on the grounds and what type
of alterations you are suggesting to buildings, grounds, etc.
2. The Public Works Superintendent has suggested a location for trailers and has offered to
snowplow the area. This should be discussed.
3. Pending the extent of activity on the site, the Township would -require that your corporation post
a Letter of Credit to cover any costs for damages or clean-up that may be incurred by the
Township.
4. The Township requires that Oro-Medonte be named on an insurance policy for 3rd party liability.
.J-/" -"
We look forward to discussing these matters with you and wish you every success with your venture.
~~-
c.c. R. Kolbe
J. Ball
...
/&d.)~ I
...
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-007
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SEWER
RESPONSIBILITY AGREEMENT BETWEEN THE TOWNSHIP OF ORO-MEDONTE
AND AMERICAN WATER SERVICES CANADA CORP.
WHEREAS The Municipal Act, S.O. 2001, c.25, Section 23 authorizes the Council of a
Municipality to enact a by-law for entering into an agreement with any person to
maintain and operate a sewage works;
AND WHEREAS Council of the Corporation of the Township of Oro-Medonte deems it
necessary to enter into a Sewer Responsibility Agreement with American Water Services
Canada Corp.;
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign an agreement between
the Corporation of the Township of Oro-Medonte and American Water Services
Canada Corp., said agreement attached hereto as Schedule 'A' and forming part
of this by-law.
2. THAT this by-law comes into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 5TH DAY OF FEBRUARY,
2003.
BY-LAW READ A THIRD AND FINAL TIME THIS
DAY OF
2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR, J. NEIL CRAIG
CLERK, MARILYN PENNYCOOK
, Sched..J.J<- 11' ~ ~Ja.W &003 -001
I Lod~ J-
04111/02-3
THIS AGREEMENT made this _ day of January, 2003.
BETWEEN:
THE TOWNSHIP OF ORO MEDONTE
(herein called the "Township")
OF THE FIRST PART
- and -
AMERICAN WATER SERVICES CANADA CORP.
previously known as Azurix North America (Canada) Corp.
(herein called "AWS")
OF THE SECOND PART
WHEREAS AWS owns, operates and manages water and wastewater assets, offers
water-related services and develops and manages water resources worldwide;
AND WHEREAS AWS has certain property rights in certain lands described and
depicted in Schedule "A" hereto (the "Lands"), on which is or will be located sewage
conveyance facilities more fully described in Schedule "B" hereto (the "Sewers");
AND WHEREAS Horseshoe Resort Corporation ("Horseshoe") and other developers,
including specifically Laurel View Homes Inc. (collectively with Horseshoe, the "Developers")
own certain lands in close proximity to the Lands, on which Horseshoe has developed a resort,
including hotel, restaurant and condominium facilities (the "Development") and the Developers
intend to further develop a residential site entailing an adult lifestyle facility (the "Adult
Community");
AND WHEREAS AWS is currently providing sewage treatment to the Development and
the Developers require the service to be increased, as a result of the addition of the Adult
Community;
AND WHEREAS AWS and Horseshoe have entered, or will enter, into an agreement
(the "Contracf') for the construction of, inter alia, an addition to the current sewage treatment
facility (the "Facility"), which addition shall include a trunk sewer extension to the Sewers (the
"Trunk Sewer Extension") and the operation, maintenance and repair of the Facility and
Sewers once completed;
AND WHEREAS the Township will only support the further development of the Adult
Community based on the construction and operation of the Sewers and the continued operation
of the Facility by AWS;
AND WHEREAS the Ministry has issued, and will from time to time issue, an
amendment to the Certificate of Approval for the Facility to incorporate the Sewers, a copy of
which is attached hereto as Schedule "C".
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AND WHEREAS the Developers have or will enter into contracts with certain persons for
the phased-in construction of the Community Sewers, as described in Schedule "8" hereto;
AND WHEREAS the Township will require, as a condition of the subdivision approval
the transfer of ownership of the, Community Sewers from the Developers to AWS on a phased-
in process once the Community Sewers are constructed, commissioned and the maintenance
period has expired and the Township has assumed the Sewers;
AND WHEREAS depending upon the development of the area around the Adult
Community, the Town Sewers, as described in Schedule "8" hereto may be constructed to
provide sewage to such town residents;
AND WHEREAS the Township does not wish to construct, own or maintain the Town
Sewers once constructed and intends to transfer ownership of the Town Sewers to AWS on a
phased-in process once the Town Sewers have been constructed, commissioned and the
maintenance period has expired and the Township has assumed the use of the Sewers;
NOW THEREFORE for good and valuable consideration, the sufficiency and receipt of
which is hereby acknowledged, and the mutual covenants contained herein, the parties agree
as follows:
ARTICLE 1. DEFINITIONS AND INTERPRETATION
1.1 As used in this Agreement, in addition to those words and phrases already defined
herein, the following words and phrases mean:
a) "Adult Community" means the approximately 600 residential units to be built by
the Developers intended to be an adult lifestyle facility located east of Oro-
Medonte Third Line and south of Highland Drive, Oro-Medonte, Ontario;
b) "Arbitration Act" means the Arbitration Act, S.O. 1991, c.17, as amended or
replaced from time to time;
c) "AWS" means American Water Services Canada Corp, an Ontario corporation,
previously known as Azurix North America (Canada) Corp.;
d) "Certificate of Approval" means an approval issued under the authority of the
Ontario Water Resources Act, the Environmental Protection Act, the Ministry or
other any applicable provincial legislation relating to the operation or functioning
of the Facility and the Sewers, or a portion thereof, as it may be amended,
revised or reissued from time to time;
e) "Certificate of Maintenance and Final Acceptance" means a certificate issued
by the Township upon the recommendation of the Township Engineer confirming
that the Sewers constructed by the Developer, in accordance with the terms of
the applicable subdivision agreement, have been satisfactorily completed and
maintained by the Developer during the two-year (2) maintenance period, and
issuance of the said certificate following a CCTV inspection and any remedial
works carried out at the developer's cost, shall constitute final acceptance and
assumption of the Sewers by the Township;
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f) "Certificate of Substantial Completion and Acceptance" means a certificate
issued by the Township upon the recommendation of the Township Engineer
confirming that the Sewers to be installed by the Developer under the provisions
of the applicable subdivision agreement, have been substantially completed in
accordance with plans and specifications reviewed and accepted by the
Township Engineer. The issuance of a Certificate of Substantial Completion and
Acceptance shall not constitute an assumption of the Sewers by the Township;
g) "Certified Cheque" means the certified cheque provided by AWS and issued in
favour of the Township to secure the operation, maintenance and management
of the Sewers in accordance with the terms and conditions of this Agreement;
h) "Community Sewers" has the meaning set out in Schedule "B" hereto;
i) "Contract" means that agreement to be executed between AWS and Horseshoe
for the construction of the Trunk Sewer Extension and the continued operation,
maintenance and repair of the Facility and Sewers;
j) "Condominium Act" means the Condominium Act 1998, S.O. 1998, c. 19, as
amended or replaced from time to time;
k) "Construction Lien Acf' means the Construction Lien Act, R.S.O. 1990, c.
C.30, as amended or replaced from time to time;
I) "Deficiency" means any breakdown or malfunction of the Sewers that would
cause them not to function and provide the service required by the residents of
the Adult Community, that would cause them not to comply with the requirements
of the Certificate of Approval and/or is a detriment to the Township and public
property, public health or the environment;
m) "Developers" means Horseshoe and such other developers who are
responsible from time to time for the development of the Adult Community;
n) "Development" means the resort, including hotel, restaurant, time-share and
condominium facilities as may be developed by Horseshoe and the Developers
from time to time;
0) "Director" means the director appointed by the Minister of Environment under
the Environmental Protection Act or the Ontario Water Resources Act;
p) "End Users" shall mean those residents of the Adult Community or such other
residents of the Township who will receive and pay for sewage services from the
operation of the Facility and the Community Sewers between such residents or
the Town Sewers, respectively, pursuant to a service agreement with the
Developer or AWS, respectively;
q) "Environmental Protection Acf' means the Environmental Protection Act,
R.S.O. 1990, c. E.19, as amended or replaced from time to time;
r) "Facility" means the existing sewage treatment facility owned by AWS and
servicing the Development;
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s) "Fund" means the replacement and reserve fund to be established by AWS, into
which the Fund Allocation shall be deposited for the purpose of financing
Replacement and Reserve Costs;
t) "Fund Allocation" means that portion of Revenue allocated by AWS to be
deposited into the Fund, as defined in Article 7.1 herein, in any given year, based
on the Replacement and Reserve Costs;
u) "Horseshoe" means Horseshoe Resort Corporation, an Ontario corporation, ,
which owns the Development;
v) "Lands" means the real property owned by AWS, as described and depicted in
Schedule "A" hereto;
w) "Ministry" means the Ministry of the Environment for the Province of Ontario or
any other agency designated by either the Province of Ontario or the Ministry of
the Environment to act on its behalf;
x) "Municipal Act" means the Municipal Act, R.S.O. 1990, c. MAS, as amended as
it existed on December 31 , 2002;
y) "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25, which
comes into force on January 1, 2003, and any regulations to be enacted in
respect thereof;
z) "Municipal Responsibility Agreement" means the agreement between the
Township and AWS dated September 1, 2001 providing for the responsibilities of
each of the Township and AWS in respect of the Facility;
aa) "Ontario Water Resources Act' means the Ontario Water Resources Act,
R.S.O. 1990, c. 0.40, as amended or replaced from time to time;
bb) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended or
replaced from time to time;
cc) "Replacement Costs" means the estimated costs for replacing the Sewers, ,
including the associated inspection and maintenance of the Sewers and any
mechanical or electrical elements of the pumping station that may require repair
in any given year, as set out in Schedule "0" hereto;
dd) "Revenue" shall mean the monies collected by Horseshoe and/or AWS (or such
other party as AWS may designate from time to time) from the End Users for the
provision of sewage services through the operation of the Facility and the Sewers
by AWS, which shall ultimately be paid to AWS by Horseshoe and/or the End
Users pursuant to the terms of the Contract or those contracts that AWS shall
have directly with the End Users;
ee) "Sewers" means the original trunk sewer, the Trunk Sewer Extension, the
Community Sewers and the Town Sewers, all as more particularly described in
Schedule "8" hereto;
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ff) "Town Sewers" has the meaning set out in Schedule "8" hereto;
gg) "Township" means the Township of Oro-Medonte;
hh) "Trunk Sewer Extension" means the trunk sewer extension to the Sewers to be
built by AWS, as more particularly defined in Schedule "8" hereto; and
ii) "Trustee" means the treasurer appointed by the Township, from time to time, to
manage the financial matters of the Township.
1.2 The division of this Agreement into articles and sections is for convenience of reference
only and shall not affect the interpretation or construction of this Agreement.
1.3 The following schedules, which are attached hereto and may be amended from time to
time to incorporate any additions or modifications to the description of the Sewers as they are
built and the Certificate of Approval or the Fund to accommodate the modifications to the
Sewers, together with all provisions therein, are hereby made a part of this Agreement as fully
and for all purposes as would be the case if they were set out in the text of this Agreement as
covenants and agreements:
Schedule "A" - Legal description of the Lands
Schedule "8" - Description of the Sewers
Schedule "C" - Certificate of Approval for the Facility and the Sewers
Schedule "0" - Fund
1.4 The masculine gender shall include the feminine and neuter genders, and vice versa,
the word "person" shall include firms and corporations and the singular number shall include the
plural, and vice versa.
ARTICLE 2. REPRESENTATION AND WARRANTIES
2.1 AWS hereby represents and warrants as follows:
a) it is a corporation duly organized, validly existing and in good standing under the
laws of the Province of Ontario, with full legal right, power and authority to enter
into and perform its obligations under this Agreement;
b) it has duly authorized the execution and delivery of this Agreement and this
Agreement constitutes a legal, valid and binding obligation of AWS, enforceable
against it in accordance with its terms;
c) it has or will acquire an easement to the golf course and the club house owned
by Horseshoe and located on the Development, for the purpose of accessing the
Facility and the Sewers; and
d) it is either the legal and beneficial owner of the Lands or has acquired or will
acquire an easement or licence to the Lands owned by Horseshoe and an
easement or licence over the Township property, in which the Sewers are or may
be located.
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2.2 The Township hereby represents and warrants as follows:
a) it is a municipal corporation duly organized, validly existing and in good standing
under the laws of the Province of Ontario, with full legal right, power and authority
to enter into and perform its obligations under this Agreement;
b) it has duly authorized the execution and delivery of this Agreement and this
Agreement constitutes a legal, valid and binding obligation of the Township,
enforceable against it in accordance with its terms;
c) it has obtained all approval, authorization, order or consent of, or declaration,
registration or filing with, any governmental authority that is required for the valid
execution and delivery by the Township of this Agreement, including any
approval required pursuant to section 65 of the Ontario Municipal Board Act,
R.S.O. 1990, c. O. 28; and
d) it has or will enact any by-laws necessary pursuant to section 210.1 of the
Municipal Act necessary to give effect to this Agreement.
ARTICLE 3. DUTIES AND RESPONSIBILITIES OF AWS
3.1 AWS covenants and agrees that it shall:
a) construct the Trunk Sewer Extension according to current acceptable
engineering practices and operate, maintain, and if necessary, repair and/or
replace all or part of the Sewers after they are constructed in accordance with the
operating standards and the terms and conditions contained herein;
b) prepare, at its own cost, all plans, specifications, profiles, contours, and other
engineering material, drawings and data required in the opinion of the Township,
acting reasonably, in respect of the construction of the Trunk Sewer Extension
and shall submit such plans, specifications, profiles, contours and other
engineering material, drawings and data to the Township for approval;
c) obtain, at its own cost, any and all approvals and licenses required in connection
with the Trunk Sewer Extension and its operation;
d) obtain the financial assurance for the Sewers in the form of the Certified
Cheque, which amount shall be equal to Fifty Thousand dollars ($50,000);
e) not commence any work on the construction of the Trunk Sewer Extension nor
operate the Sewers until it has received a Certificate of Approval in respect of
such construction or operation and the Township's approval to commence the
operation, provided that the Township shall act reasonably and promptly in
providing such approval;
f) prepare a contingency plan for sewage haulage in the event of a Deficiency that
results in a type of failure of the Sewers that requires haulage of sewage;
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g) prepare and provide to the Township, a copy of all reports, including any plans or
specifications contained therein, in respect of the operation and maintenance of
the Sewers or required to be provided to the Ministry, from time to time; and
h) provide to the Township, a copy of any and all documents submitted to the
Ministry including, but not limited to, an operation and maintenance manual and a
sludge disposal program, and a copy of any and all field orders, work orders or
compliance documents issued by the Ministry, in respect of the operation and
maintenance of the Sewers.
3.2 AWS acknowledges and agrees that the design and construction of the Trunk Sewer
Extension and the operating standards of the Sewers will be those upon which a Certificate of
Approval and any orders or other requirements imposed under the Environmental Protection Act
or the Ontario Water Resources Act are based, by the Ministry or together with such additional
requirements as the Township may reasonably impose pursuant to any authority within its
jurisdiction and responsibility. The parties agree that the Township may impose any of the
terms of this Agreement as conditions for the approval of any Certificate of Approval or other
approval issued by the Ministry or under the Planning Act or the Condominium Act and AWS
shall not object to or otherwise appeal the imposition of such terms as conditions to any such
approval or Certificate of Approval issued to AWS.
3.3 AWS shall not add to, alter or extend the Sewers without advising and providing the
Township with a copy of any and all such additions, alterations or extensions. In the event AWS
makes any changes to the Sewers, AWS shall provide to the Township certified updated "as
builf' plans. AWS shall obtain all approvals, permits and certificates required under applicable
law prior to effecting any such addition, alteration or extension.
3.4 AWS further acknowledges and agrees that all materials to be supplied hereunder with
respect to the Trunk Sewer Extension shall be in accordance with Ontario Provincial Standards
or appropriate design guidelines and if no materials are specified in any particular case, then the
same shall be of good quality and appropriate in design and construction for the Trunk Sewer
Extension, and shall be subject to the approval of the Township acting reasonably.
3.5 Nothing contained herein shall limit the obligation of AWS to continue to provide reports
to the Ministry in respect of the Sewers, and AWS shall be solely responsible for providing such
reports to the Ministry.
ARTICLE 4. DUTIES AND RESPONSIBILITIES OF THE TOWNSHIP
4.1 The Township covenants and agrees that it shall:
a) set up a mechanism to advise any customers of the Sewers, who may
inadvertently call the Township regarding complaints or issues related to the
services provided by AWS that any such complaints or matters relating to the
service provided by AWS, should be directed to:Jeff Trudeau at 905-572-5905;
b) review within fifteen (15) days of receipt all capital expenditure plans prepared
and provided by AWS in respect of the Sewers;
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c) ensure that AWS has the opportunity to inspect the Sewers at the time of
installation and the ability to confirm that the Sewers are all built in accordance
with prevailing standards;
d) transfer to AWS any and all warranties for the Sewers that the Township obtains
from those Developers who have constructed the Sewers and assist AWS where
necessary to enforce any such warranties;
e) use its best efforts within its jurisdiction, to enact a by-law allowing AWS and/or
Horseshoe to collect water and/or sewage fees from the Township residents,
which shall also provide an enforcement mechanism by which AWS can have
remedies for non-payment of such fee and shall assist where possible with
enforcement; and
f) assume responsibility for the operation of the Sewers in the event of an
Operating Default under the Municipal Responsibility Agreement in which case
the Township shall be entitled to call in and utilize the Certified Cheque and
monies from the Fund pursuant to Article 7 herein.
ARTICLE 5. THIRD PARTY ENGINEER
5.1 For the purposes of monitoring the Sewers and providing comments on and approval of
reports prepared by AWS, the Township may, in its sole discretion, retain an engineer (the
"Township Engineer") to perform the following:
a) monitor the construction of the Trunk Sewer Extension by AWS and provide to
the Township a certificate that the construction of the Trunk Sewer Extension has
been completed in accordance with the Certificate of Approval;
b) monitor the operation of the Sewers on an annual basis to confirm compliance
with the provisions of the Certificate of Approval;
c) review any and all Rectification Plans (as defined below) proposed by AWS for
any Deficiency which may arise during the term of this Agreement in respect of
the condition or operation of the Sewers;
b) review and approve all requests for Replacement and Repair Costs exceeding
the threshold, as set out in section 7.5; and
d) review any and all capital expenditure plans in respect of the Sewers prepared by
AWS and submitted to the Township.
5.2 AWS hereby covenants and agrees to reimburse the Township for the costs associated
with retaining the Township Engineer and performing the tasks herein, provided that such costs
shall not exceed Two Thousand dollars ($2,000.00) in any given year and further provided that
any amount not reimbursed to the Township for any given year up to the maximum amount,
shall not carry over to any subsequent years as a benefit or credit to the Township. Such
amount shall be reimbursed annually up to the agreed amount of Two Thousand dollars
($2,000.00).
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5.3 Each of the Township and AWS hereby acknowledges and agrees that the Township
Engineer acts solely for and in the discretion of the Township in performing his duties hereunder
and the Township Engineer shall not be required to report to or act for the benefit of AWS.
ARTICLE 6. OWNERSHIP, REPAIR, MAINTENANCE OR REPLACEMENT OF SEWERS
6.1 The parties acknowledge and agree that during construction of the Sewers, the
respective Developers are the owners of the Sewers for which they are responsible for
constructing. The Township shall ensure that it has entered into agreements with the
Developers, granting AWS a right to inspect and confirm that the Sewers have been constructed
in accordance with industry standards and providing AWS an opportunity to require the
Developers to rectify any deficiencies. The Township shall take all steps necessary to assist
AWS in exercising such rights and to enforce such rights if necessary.
6.2 The Township shall not issue a Certificate of Substantial Completion and Acceptance to
the Developers, until such time as AWS has approved the construction of the Sewers and their
readiness and acceptability for commission. The parties acknowledge and agree that the
commissioning and transfer of ownership of the Sewers shall occur on a piecemeal basis and
nothing herein shall require the transfer of ownership of all of the Sewers at the same time.
Upon the issuance of the Certificate of Maintenance and Final Acceptance, the Township shall
immediately transfer ownership of the Sewers to AWS. AWS shall not be liable for any loss,
damage or claims in respect of the Sewers prior to its ownership thereof.
6.3 In the event the Ministry determines that a Deficiency exists AWS shall promptly notify
the Township in writing (the "Deficiency Notice") of the particulars of such Deficiency, which
Deficiency Notice shall include any order issued by.the Ministry to rectify the Deficiency or AWS
intended plan of action for rectifying the Deficiency if ordered to create one by the Ministry (the
"Rectification Plan"), including the minimum and maximum time period in which the
Rectification Plan shall be completed. AWS, at its own cost, shall obtain any and all approvals
required under statute or by the Ministry to rectify any such Deficiency and shall rectify such
Deficiency in accordance with the terms of the Rectification Plan and upon completion, shall
certify to the Township that all Deficiencies have been rectified in accordance with the
Rectification Plan. In the event AWS fails to rectify the Deficiency, the Township shall have the
right to remedy the Deficiency itself, and AWS shall reimburse the Township the cost of any
such repairs.
6.4 Notwithstanding any provision contained herein, the obligation of AWS to provide a
Deficiency Notice does not preclude any obligation it may have to report such Deficiency to the
Ministry or any other authority as required by law, and AWS shall report the occurrence of such
Deficiency as required by the Ministry or any other authority.
6.5 If AWS, the Ministry or the Township determines that the Deficiency is of a type that may
cause a material danger to human health, the environment or real property owned by the
Township, the Township may provide a copy of such Deficiency Notice to any public authority it
deems appropriate and necessary to advise to ensure adequate protection of the public,
environment or property from the effects of the Deficiency.
ARTICLE 7. REPLACEMENT AND RESERVE FUND
7.1 AWS and the Township shall be required, upon the assumption of the Community
Sewers by the Township and subsequent transfer to AWS and for the term of this Agreement
9
H:\Construction & Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMRA-Jan 17,03-Final.doc
/"d)-ti
thereafter, to establish and maintain the Fund for the purpose of financing the costs of
inspecting, maintaining, repairing and replacing the Sewers. The parties hereby acknowledge
and agree that AWS shall subsidize the Fund throughout the term of this Agreement with the
Fund Allocation. AWS hereby covenants and agrees to deposit any and all of the Fund
Allocation collected by Horseshoe and/or AWS from the End Users and received by AWS from
Horseshoe and/or the Developers into the Fund. The Fund shall include an annual capital
replacement amount, for purposes of Sewer replacement at the end of an anticipated fifty (50)
year life. The amount required to be held in the Fund shall be adjusted, as and when required,
to reflect the buildout rate of new Sewers. AWS shall ensure that the monies held in the Fund
shall be held in an interest bearing account, which interest shall be added to the Fund.
7.2 AWS shall be required to maintain a sufficient amount of monies in the Fund to pay for
the Replacement and Reserve Costs budgeted in any given year, as set out in Schedule "0"
hereto for the term of this Agreement. The parties acknowledge and agree that the Fund
Allocation deposited into the Fund in any given year may exceed or be less than the amount
required for the Replacement and Reserve Costs for such year. The parties further
acknowledge and agree that any surplus of the Fund Allocation deposited into the Fund and not
expended in any given year, shall remain in the Fund and be carried forward to be applied to the
Replacement and Reserve Costs for the following years. The parties acknowledge and agree
that under no circumstance shall AWS be required to pay into the Fund monies other than the
Fund Allocation.
7.3 AWS shall annually update the Replacement and Reserve Costs (the "updated
estimate") and provide the Township Engineer with a copy of the updated estimate for its
review and approval. In determining the updated estimate, AWS shall at a minimum take into
consideration the actual cost paid to perform inspections and maintenance of the Sewers from
the preceding year, the costs of any repairs or replacements made to the Sewers, the
decreased lifespan of any of the Sewers, which may require early replacement, and any
fluctuation in the market for the costs of maintaining the Sewers. AWS hereby covenants and
agrees, in the case of those End Users who receive sewage service from the Community
Sewers, to ensure that it the costs of services charged to such End Users, are sufficient to
subsidize any increase in the Replacement and Reserve Costs resulting from the updated
estimate. In the case of those End Users who receive sewage service from the Town Sewers,
AWS shall advise the Township and the End Users at least thirty (30) days in advance, of the
need and reason to increase the cost of such services to such End Users.
7.4 Each of the parties acknowledges and agrees that the amount required to be reserved in
the Fund shall be adjusted from time to time to the extent that such reserve fluctuates up or
down as a result of increased usage of the pumping station resulting from the number of Sewers
constructed and commissioned for operation by AWS or others, changing costs, the updated
estimate or other circumstances.
7.5 AWS is hereby authorized to withdraw monies from the Fund as required to pay for the
Replacement and Reserve Costs and shall provide the Township with invoices evidencing such
costs. Notwithstanding the foregoing, AWS shall notify the Township in writing once it has
expended sixty percent (60%) of its annual Fund Allocation for such year. Upon receipt of any
such notice, the Township or the Township Engineer shall, in its sole discretion, authorize, in
writing AWS to utilize funds in excess of the sixty percent (60%) threshold. In the event the
actual Replacement and Reserve Costs in any given year are greater than the Fund Allocation
for such year, arising from an extraordinary cost not otherwise anticipated by the parties, AWS
shall directly pay for any such excess costs and shall be entitled to receive an adjustment or a
10
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~ ~/f4)~/9
credit to the Fund Allocation for the following year, equal to the amount of such excess
overpayment by AWS..
7.6 In the event that The Sustainable Water and Sewage Systems Act, S.O. 2002, c.29, or
similar legislation requires an owner or operator of a water or sewer system to comply with
certain regulations governing the accounting of the costs associated with operating such
systems, including costs of replacement and maintaining a replacement fund, AWS and the
Township shall comply with all applicable laws and regulations related thereto. This Agreement
shall be amended, modified or replaced to conform to any such laws and regulations, at the time
they come into effect.
ARTICLE 8. ACCESS TO THE SEWERS
8.1 For purposes of inspecting the Sewers on an annual or bi-annual basis, conducting
testing of the Sewers from time to time, and in cases of emergency, AWS hereby agrees to
permit and facilitate the Township and/or the Township Engineer access to the Sewers during
hours of operation upon the receipt of reasonable notice by AWS, provided that notice to AWS
shall not be required in the case of an emergency necessitating access by the Township and/or
the Township Engineer and further provided that AWS shall permit and facilitate immediate
access to the Sewers in the case of an emergency.
8.2 AWS hereby grants to the Township all necessary easements for the appropriate access
and egress over and across the Lands for purposes of inspecting the Sewers and reasonable
appurtenances thereto pursuant to section 8.1. AWS further agrees to do all acts or things
necessary to ensure the access of the Township as may be required by the Township and/or
the Township Engineer to inspect the Sewers.
8.3 The Township hereby grants to AWS all necessary licences for the appropriate access
and egress over and across any lands or roadways of the Township on or under which the
Sewers are located, for purposes of undertaking its responsibilities under Article 3 herein and
providing any emergency services that may b~ required. The Township further agrees to do all
acts or things necessary to ensure the access of AWS as may be required by AWS in order to
undertake its responsibilities hereunder.
8.4 AWS hereby covenants and agrees to obtain from Horseshoe, or such other property
owner, all necessary easements for the appropriate access and egress over and across any
lands of Horseshoe, or such other property owner, on or under which the Sewers are located,
for purposes of undertaking its responsibilities under Article 3 herein and providing any
emergency services that may be required.
ARTICLE 9. COLLECTION OF FEES
9.1 The parties hereby acknowledge and agree that as a private service provider, AWS shall
contract with Horseshoe, the Developers or such other party as it deems appropriate, for the
collection of fees for those services provided to End Users from the Community Sewers, and
Horseshoe, the Developers or such other party as it deems appropriate, will be solely
responsible for issuing invoices to such End Users and collecting all fees payable under such
invoices. AWS shall be responsible for issuing invoices to and collecting all fees payable under
such invoices directly from those End Users who receive services from the Town Sewers.
Other than as required under section 4.1 (e), the Township shall not be required to collect any
11
H:\Construction& Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMAA-Jan 17,03-Final.doc
;id)-!3
such fees and shall have no role in the enforcement of remitting fees for services provided by
AWS for either the Community Sewers or the Town Sewers.
ARTICLE 10. INSURANCE
10.1 AWS shall, upon transfer of ownership of each of the Sewers from the Developers and
the Township and throughout the term of this Agreement, at its sole cost and expense, self
insure the Sewers for all major perils, including, fire and standard extended coverage, sprinkler
leakages (where applicable), earthquake, flood and collapse.
10.2 The parties acknowledge and agree that any payments for claims arising from the
operation of the Sewers, including sewer backup, are the sole responsibility of AWS.
10.3 In the event of damage to the Sewers for which a claim is made under the Township's
environmental insurance coverage, the parties acknowledge and agree that the aforementioned
insurance may be subject to a loss deductible clause and that any payments for claims arising
from damage to the Sewers that fall within the deductible limit are the sole responsibility of
AWS.
ARTICLE 11. DEFAULT
11.1 A default (a "Default") shall be deemed to have occurred if anyone or more of the
following events occur:
a) receipt by the Township of notice that AWS has ceased or threatens to cease to
carry on business, whether such cessation of business be either voluntary or
involuntary;
b) receipt by the Township of notice of the impending insolvency of AWS;
c) failure by AWS to meet its obligations to any third party that would affect the
operation of the Sewers; and
d) failure by AWS to remedy a Deficiency within the timeframe allocated by AWS to
be remedied in the Rectification Plan pursuant to section 6.3 herein, which
timeframe shall include any extensions granted or agreed to by the Township.
11.2 In the event of a Default the Township shall give written notice to AWS of the nature of
the Default, and the timeframe, if applicable, within which AWS shall be required to remedy the
Default. If AWS is unable to or fails to remedy such Default within the time frame and the
manner required by the Township, the Township may, in its sole discretion, use the Certified
Cheque, where possible to remedy such Default. Notwithstanding anything to the contrary, the
Township acknowledges and agrees that it may not be entitled to assume responsibility for the
operation of the Sewers in the event of a Default pursuant to section 11.1 (c), and that such
responsibility may be determined by a trustee in bankruptcy.
11.3. In the event an Operating Default, as defined in the Municipal Responsibility Agreement,
which continues twenty-four (24) months beyond the timeframe within which AWS was required
to remedy such default, AWS shall immediately upon demand by the Township, transfer
ownership of the Facility and the Sewers to the Township, and do whatever acts as may be
necessary to affect such transfer. In the event of such transfer, this Agreement shall terminate
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H:\Construction & Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMRA-Jan 17,03-Final.doc
/~) -ICf
,-. ,
and neither the Township nor AWS shall have any further obligation hereunder, with the
exception of AWS's obligation pursuant to Article 12 herein. The transfer referred to herein shall
also refer to any interest AWS may have in the Certified Cheque and the Fund. In addition, to
the remedies provided herein, the Township shall have any and all remedies available to it
under law for termination of this Agreement pursuant to a default.
11.4 In the event the Township is required to assume responsibility for operation of the
Sewers pursuant to a Default under section 11.3 or otherwise obtains ownership of the Sewers,
AWS shall assist and cooperate with the Township and/or its agents with effecting such
assumption of operations or transfer of ownership, including but not limited to, providing:
documentation and records relevant to the operation of the Sewers, employees and/or
contractors to assist in operating the Sewers and unrestricted access to the Sewers. AWS shall
also transfer to the Township the full amount of monies reserved in the Fund in accordance with
Schedule "0", less any amounts expended on Replacement and Reserve Costs pursuant to
Article 7 herein. AWS hereby covenants and agrees to continue to provide sewage service
through the Facility, notwithstanding the assumption of operation by or transfer of ownership of
the Sewers to the Township.
ARTICLE 12. INDEMNITY
12.1 AWS agrees to indemnify and shall keep indemnified and save harmless the Township
from all loss, damage, cost and expense, claims, demands or actions of every nature and kind
whatsoever, including death or injury, arising from or in consequence of the negligent
maintenance or operation of the Sewers or any matter under this Agreement, whether such
loss, damage, cost or expense, claims, demands or actions is sustained by the Township, AWS,
or their several and respective employees, workmen, servants, agents or councilors or any
other person.
ARTICLE 13. TERMINATION
13.1 Unless earlier terminated as a result of an Operating Default, under the Municipal
Responsibility Agreement or a Default, this Agreement shall remain in effect until such time as
AWS transfers ownership or operations of the Sewers to another party and the Agreement
referred to in section 13.3 below is executed. AWS shall not transfer ownership or operations of
the Sewers to another party without the prior written consent of the Township, which shall not be
unreasonably withheld.
13.2 Either party may terminate this Agreement without cause upon twelve (12) months'
advance written notice to the other party. In the event of such termination, AWS shall transfer
ownership of the Town Sewers to the Township and AWS shall comply with its obligations as
set out in section 11.5 herein.
13.3 Prior to any transfer of ownership or operation of the Sewers, AWS shall have provided
the Township with thirty (30) days notice of such impending transfer and shall have advised the
prospective owner or operator of this Agreement and its requirement to enter into a similar
agreement with the Township and such similar agreement shall have been executed by the
prospective owner or operator and the Township. Notwithstanding the foregoing, nothing
contained herein shall restrict AWS from effecting any changes in corporate ownership or
structure and continuing its obligations hereunder subsequent to any such change in corporate
ownership or structure. .
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1~)-iS
13.4 Upon the coming into force of Municipal Act, 2001 and the enactment of regulations
permitting the creation of municipal infrastructure corporations for the operation of water
systems, sewers and sewage treatment plants, the parties agree to consider the benefits of
creating and participating in such corporation, and if necessary, to amend or rescind this
Agreement in consideration thereof.
ARTICLE 14. GENERAL PROVISIONS
14.1 All notices, requests, demands or other communications by the terms hereof required or
permitted to be given by one party to another shall be given in writing by personal delivery or by
registered mail, postage prepaid, addressed to such other party or delivered to such other party
as follows:
to the Township at: Box 100
Oro Station, ON LOL 2XO
Attention: Township Clerk
Fax: (705) 487-0133
to AWS at:
100 King Street West
P.O. Box 57159, Jackson Station
Hamilton, ON L8P 4X1
Attention:
Fax:
(905) 521-9613
or at such other address as may be given by any of them to the others in writing from time to
time and such notices, requests, demands or other communications shall be deemed to have
been received when delivered, if facsimile transmission three (3) business hours after
transmission, or, if mailed, three (3) days after the day following the day of the mailing thereof;
provided that if any such notice, request, demand or other communication shall have been
mailed and if regular mail service shall be interrupted by strikes or other irregularities, such
notices, requests, demands or other communications shall be deemed to have been received
three (3) days after the day following the resumption of normal mail service.
14.2 The parties hereto shall sign such further and other documents, cause such meetings to
be held, resolutions passed and by-laws enacted, exercise their vote and influence, do and
perform and cause to be done and performed such further and other acts and things as may be
necessary or desirable in order to give full effect to this Agreement and every part hereof.
14.3 The parties hereto acknowledge and agree that this Agreement shall be registered on
title to the Lands and any existing encumbrances registered on title to the Lands shall be
postponed in favour of the registration of this Agreement.
14.4 Time shall be of the essence of this Agreement and of every part hereof and no
extension or variation of this Agreement shall operate as a waiver of this provision.
14.5 This Agreement constitutes the entire agreement between the parties hereto with
respect to all of the matters herein and its execution has not been induced by, nor do any of the
parties hereto rely upon or regard as material, any prior or concurrent representations or
writings whatsoever not incorporated herein and made a part hereof.
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14.6 In the event that any provision of this Agreement shall, for any reason, be determined to
be invalid, illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree as to such amendments, modifications or supplements of this Agreement, that to the
maximum extent practicable in light of such determination, implement and give effect to the
intentions of the parties as reflected herein, and the other provisions of this Agreement shall, as
so amended, modified or supplemented, or otherwise affected by such action, remain in full
force and effect.
14.7 This Agreement may be executed in counterparts and by fax, each of which counterpart
shall be deemed an original, and all of which when executed and delivered, shall together
constitute one and the same instrument.
14.8 Neither this Agreement nor any provision hereof may be changed, modified, amended or
waived except by written agreement executed by each party hereto.
14.9 This Agreement shall be construed in accordance with, and governed by, the laws of the
Province of Ontario.
14.10 This Agreement and the covenants, provisions, conditions and schedules therein, shall
enure to the benefit of and be binding upon the respective successors and assigns of each of
the parties hereto.
ARTICLE 15. COSTS OF ADMINISTRATION
15.1 AWS hereby covenants and agrees to pay, in addition to the costs associated with the
retention of the Township Engineer, to the Township, any and all reasonable costs associated
with the negotiation and administration of this Agreement, including any and all costs charged to
the Township for retaining legal counselor other consultants, excluding the maximum amount
allocated to the Township Engineer, to the maximum of ten thousand dollars ($10,000.00). For
any amounts greater than such amount, the Township shall provide a copy of the invoice to
AWSfor its review and approval as to payment.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement as of
the date first written above.
THE TOWNSHIP OF ORO-MEDONTE
AMERICAN WATER SERVICES
CANADA CORP.
c~c..
,~Q' -
per:~ .~
Name' '"M9f .
Title: . ASSISTANT SECRETARY
Per:
Name:
Title: Mayor
Per:
Name:
Title: Township Clerk
15
H:\Construction & Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMRA-Jan 17,03-Final.doc
Jt d) -I:J.
SCHEDULE "A"
LEGAL DESCRIPTION OF THE LANDS
Part of Parcel 1-3, Section 51-MED-3, in the Township of Oro-Medonte (formerly in the
Township of Oro), in the County of Simcoe, designated as Part 1 on Plan 51 R-30017, being
Part of the East Half of Lot 2, Concession 3
Part of Parcel 1-3, Section Med-3, in the Township of Oro-Medonte (formerly in the Township of
Oro) , I the County of Simcoe, designated as Part 2 on Plan 51 R-27515, being Part of the East
Half of Lot 2, Concession 3
Parcel 1-4, Section 51-0ro-3, being composed of Part of Lot 1, Concession 4, designated as
Parts 1, 2, and 4 on Plan 51R-15088, Township of Oro-Medonte (formerly in the Township of
Oro), County of Simcoe, and Parcel 1-22, Section 51-0ro-3, being part of Lots 1 and 2,
Concession 4, Part of Lots 1 and 2, Concession 3, Part of the Original Road Allowance between
Concessions 3 and 4 (Closed by By-Law No. 814 registered as Instrument No. 164818,
designated as Part 3 on Plan 51R-15088 and Parts 1, 3, 5, 6, 7,8,9,10,11,12,15,24,25,26,
27,28,29, 30, 31, 32,33,34,35,36,37,38, 39,40,41,42, 43, 44, 45, 46, 47 and 48, Plan
51 R-28722, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe
The Remainder of Parcel 1-3, Section 51-0ro-3, being composed of Part of Lot 1, Concession
4, in the Township of Oro-Medonte (formerly in the Township of Oro), in the County of Simcoe
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'itcl)/(g
SCHEDULE "B"
DESCRIPTION OF THE SEWERS
. Original trunk sewer
. Trunk Sewer Extension to be constructed
· Phased-in construction of collector sewers, forcemain and pumping station to be located
within the Adult Community and connected to the Facility (the "Community Sewers")
· Additional collector sewers, forcemains and pumping station, which may be constructed
on lands owned by the Township within close proximity to the Adult Community and
connected to the Facility (the "Town Sewers")
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SCHEDULE "C"
CERTIFICATE OF APPROVAL FOR THE SEWERS
[to be provided once issued by the Ministry]
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SCHEDULE "D"
REPLACEMENT AND RESERVE COSTS
The current configuration of the sewer does not include pumps, other rotating equipment or
pumping stations (that degrade over time).
The Replacement Fund Allocation is structured to include routine inspection and maintenance of
the sewers and manholes, as well as replacement. Routine sewer maintenance is generally
comprised of:
. Camera inspection every five (5) years or as required
. Annual inspection of manhole and frame condition
. Local sewer flushing on an as required basis
A contribution will be made to the Replacement Fund Allocation on an annual basis, to cover
costs associated with the above, as follows:
YEAR CONTRIBUTION YEAR CONTRIBUTION
1 $5,000 11 $6,719
2 $5,150 12 $6,921
3 $5,305 13 $7,129
4 $5,464 14 $7,343
5 $5,628 15 $7,563
6 $5,796 16 $7.790
7 $5,970 17 $8,023
8 $6,149 18 $8,264
9 $6,334 19 $8,512
10 $6,524 20 $8,767
19
H:\Construction & Operating Agreements\ANA Engineering\Oro-Medonte Township\SewerMRA-Jan 17,03-Final.doc
/6 e)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-008
Being a By-law to Amend By-law No. 2002-132, to Impose a Water Rate upon
owners of land deriving a benefit from the private Moonstone Water Works
System Corporation, transferred to the Robincrest Water System.
WHEREAS By-law No. 2002-132 was enacted by The Corporation of The Township of
Oro-Medonte on December 18, 2002 respecting the imposition of a water rate upon
owners of land deriving a benefit from the private Moonstone Water Works System
Corporation, transferred to the Robincrest Water System under Section 391 of the
Municipal Act, S.O. 2001, c.25;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it appropriate to amend By-law No. 2002-132;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That Schedule 'A' of By-law No. 2002-132, "Moonstone Water System
Corporation Existing Users" shall be amended by adding:
"233 Moonstone Rd. E.
020-005-08100"
2. That this by-law shall come into force and effect on the final passing thereof.
Read a first and second time this 5th day of February, 2003.
Read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
/~ !)-I
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-009
Being a By-law to Authorize the Execution of a Subdivision Agreement
between The Corporation of the Township of Oro-Medonte
and laurel View Homes (HV) Inc.
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 Lot 3,
Concession 4, (Ora), designated as part of Part 8 and all of Parts 6, 7, 20 and 21 on
Plan 51 R-30671 (subject to an easement over parts of 7 and 20 Plan 51 R-30671 as in
Instrument #L T522875 together with an easement over parts 1 and 2, Plan 41 R-30671
as in instrument #l T522878, being part of PIN #74055-0119(Lt), Township of Oro-
Medonte, County of Simcoe.
NOW THEREFORE the Council 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 'N, be registered on title against the lands
described therein;
3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Subdivision Agreement against the owners and any and all subsequent
owners of the land;
3. That this By-Law shall come into force and take effect on the final passing
thereof.
By-law read a first and second time this 5th day of February, 2003.
By-law read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
"
l"
SUBDIVISION AGREEMENT
- between -
LAUREL VIEW HOMES (HV) INC.
PHASE 1
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
DESCRIPTION OF LANDS
Part Lot 3 concession 4, Oro. Designated
as part of Part 8 and all of Parts 6, 7, 20, and
21 on Plan 51 R-30671
Subject to an easement over parts of 7 and 20
Plan 51 R-30671 as in instrument #L T 522875
together with an easement over parts 1 and 2
Plan 51 R-30671 as in instrument # L T 522878
being part of PIN #74055-0119(Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
January, 2003
By-Law No.
.,
to,
TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AGREEMENT
TABLE OF CONTENTS
Part 1
General Requirements
Part 2
Lands, Plans and Representations
Part 3
Requirements Prior to Execution of Agreement
Part 4
Pre-Construction Requirements
Part 5
Financial Requirements
Part 6
Staging or Phasing
Part 7
Construction Requirements
Part 8
Building Permits and Occupancy
Part 9
Maintenance and Acceptance
Part 10
Default Provisions
SCHEDULES
Schedule "A" - Description of Lands Being Subdivided
Schedule "B" - Plan of Subdivision
Schedule "C" - Works to be Constructed
Schedule "D" - Itemized Estimate of Cost of Construction of Each
Part of the Works
Schedule "E" - List of Lots Unsuitable for Building Purposes
and/or Requiring Special Attention
Schedule "F" - Development Charges
Schedule "G" - Deeds and Easements to be Conveyed
Schedule "H" - Declaration of Progress and Completion
S~hedule "I" General Location and Lot Grading Plans
Schedule" J" - Standard Township Letter of Credit
2
,
T,
/6
TOWNSHIP OF ORO-MEDONTE
THIS AGREEMENT made as of the
day of
,2003.
BETWEEN:
LAUREL VIEW HOMES (HV) INC.
(hereinafter called the "Developer")
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
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 (43-0M-20001) 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:
3
, )
PART -1
GENERAL REQUIREMENTS
1.1 DEVELOPER'S CONSULTING ENGINEERS
The Developer shall employ Engineers registered and in good standing with the
Association of Professional Engineers of Ontario:
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
To prepare designs in accordance with the Township of Oro-
Medonte Engineering Standards and Drawings (dated October.
1997).
To prepare and furnish all required drawings and specifications.
To prepare the necessary contract( s) and provide contract
administration.
To obtain the necessary approvals in conjunction with the
Township, from the Township of Oro-Medonte sewage approval
authority, Simcoe County District School Board and Simcoe
Muskoka Catholic District School Board, and utility companies, or
as a result of legislative or procedural change, the Ministries shall
be deemed to be the Ministry of Municipal Affairs and Housing, as
well as the Council of the Township of Oro-Medonte or the Chief
Building Official. This will also pertain to Sections 2.4.3, 3.1.11, 8.1
and 8.2.
To act as the Developer's representative in all matters pertaining to
the subdivision.
To provide co-ordination in scheduling to comply with the timing
provisions of this Agreement and the requirements of the Township
Engineer, for all the work specified in this Agreement.
To provide supervision during construction of all the services.
To ensure that the work involved in construction of the services is
carried out by construction methods conforming to acceptable
engineering practice.
To maintain records of construction which shall be available for
inspection or copy by the Township.
To prepare final "as constructed" Mylar drawings which will include
the following with regard to provision of a digital Plan of
Subdivision:
Completed digital Plan of Subdivisions must be in AutoCAD 12
drawing format or DXF and be delivered on a 1.44 MB floppy
diskette. Two copies of each Plan of Subdivision are required on
separate diskettes.
Each diskette must be labeled identifying the legal property
description, developer's name, file name, and date delivered.
PKZIP Release 2.04G may be used to perform file compression if
required.
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1.1.11
1.1.12
I
ij is the Deveters responsibility to ensure that all drawing
changes occu~ring throughout the approval process are
incorporated irto the digital submission.
All line data d~picting property boundaries must be mathematically
closed to form! polygons.
The lines, whibh describe the boundary of all properties created
within the Pla~ of Subdivision, will be isolated on a unique
layer/level. Inlcertain cases, some of the line segments will
coincide with ~he location of concession lot lines, registered plan
data, open roIds, rivers, and lakes.
PLAN OF SU layer/level will outline the property boundaries in the
form of enclo~d polygons.
16.{) 6
PLAN OF SUB
LA YE~LEVEL
CONTINUOUS
YELLOW (2
The text, whic describes the property lot numbers for the Plan of
Subdivision, '11 be isolated on a unique layerllevel. The lot number
will be inserte as descriptive text.
PL LTTEXT
MONOTEXT
YELLOW (2)
The digital file should contain enough site data as to allow for
horizontal an vertical positioning within the existing base mapping.
A minimum of two road intersections located outside the Plan of
Subdivision ust be shown in the drawing.
It is not neces ary that the digital data be in Universal Transverse
Mercator (UT ) co-ordinates since the registration process will
automatically onvert any unit grid to the Ontario Base Mapping
UTM Co-ordi ate System".
To furnish the Township with a certificate with respect to each lot or
building block for which a Building Permit application is made,
certifying that he proposed construction is in conformity with the
General Loca ion and Lot Grading Plan or with an approved
variation; (N E: That a Professional Engineer could also be
retained to p vide the aforementioned and any cost incurred by the
Township will be the responsibility of the Developer or individual lot
owner).
To prepare a d provide the Township, for each lot or block within
the plan, a ce ificate of final grade elevation, indicating that the
property has een developed in conformity with the General
Location and ot Grading Plan or with an approved variation
(NOTE: That a Professional Engineer could also be retained to
provide the afre-mentioned and any costs incurred by the
Township will be the responsibility of the Developer or individual lot
owner).
I
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7
NOTE: In the case of lots built on after the sale or transfer by the Developer, the
Township reserves the right to request a similar certificate as required under
1.1.11 and 1.1.12, but it may be provided by a Professional Engineer, other than
the Developer's Consulting Engineer. If the Township has their Engineer prepare
the Certificate, the cost of the work will be deducted from the final occupancy and
lot grading deposit and will become the responsibility of the individual lot owner.
1.2 LEGAL NOTICE TO DEVELOPER
Any notice required to be given hereunder may be given by 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:
Laurel View Homes (HV) Inc.
4001 Chesswood Drive
North York, Ontario
M3J 2R8
Jerry Leiberman
~.~ FAX# 1-416-635-1518
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.
1.3 REGISTRATION
The Developer consents to the registration of the Subdivision Agreement by the
Township and at the sole discretion of the Township upon the title of the lands,
the registration expenses shall be included as a legal expense to the Developer.
1.4 VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of
signing this Agreement, the Township may, at its option, declare this Agreement
to be null and void.
1.5 MORTGAGEE BECOMING DEVELOPER
The mortgagee(s) hereby agrees that in the event of him/they becoming the
Developer(s) of the lands under his/their mortgage by way of foreclosure,
purchase or otherwise, either beneficially or in trust, then the mortgage( s) shall
be deemed to be postponed to this Agreement and any lands registered in the
name of the Township shall be free of the mortgage(s), and the mortgagee(s)
agrees to register a discharge of the mortgage( s) on those lands if called upon by
the Township, to do so, and he/they shall be subject to the terms of the
Agreement as though he/they had executed this Agreement in the capacity of the
Developer.
1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of him assigning or transferring the
mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the
terms hereof, in the same manner as if the assignee or transferor has executed
this Agreement.
6
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IfOl ./ D
1.7 LANDS FOR MUNICIPAL PURPOSES
The Developer agrees to grant good title in fee simple free and clear from all
encumbrances unto the Township, lands for municipal purposes other than
roads, which shall be mutually agreed upon by the Developer and the Township
or to make a cash payment in lieu thereof, as provided by Section 51.5 of the
Planning Act 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 Cleric 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.
1.8 EASEMENTS
The Developer agrees to grant, at his expense, all such easements and
rights-of-ways as may be required for the installation and supply of services to
the subdivision and to deed lands to the Township, as set out in Schedule "GH.
The Developer also agrees to certify good title to easements and right-of-ways by
the Developer's solicitor. Prior to executing this Agreement, all known
easements shall be filed with the Township in a form approved by the Township's
solicitor.
A list of easements and rights-of-way shall be set out in Schedule "G" of this
Agreement.
1.9 HYDRO AND TELEPHONE
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the electricity supplier and from the
telephone supplier, stating that the Developer has entered into a satisfactory
agreement(s) with them 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 bome
by the Developer.
1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
I The Developer agrees to advise all prospective purchasers 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 accommodated in temporary facilities
out of the neighbourhood schools' area.
This clause is to be placed in any 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.
1.11 CANADA POST
The Developer agrees to construct a site to the specifications and standards of
Canada Post and the Township, as required for the construction of mailboxes by
Canada Post.
1.12 MINISTRY OF THE ENVIRONMENT
The Developer and each individual lot owner, acknowledges that the waste
treatment facility and sewers privately owned and operated and not under the
control of the Township.
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1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses, 1.1.11, 1.1.12 and Note of 1.1,
1.10,1.12,5.5,5.7.2,6.2,6.3,6.4,7.3,7.9.7.16, 8.1, 8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8
and Schedule uFo, to each prospective purchaser of a lot(s).
1.14 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.
1.15 ENUREMENT
This Agreement shall enure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
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PART-2
THE LANDS, PLANS AND REPRESENTATIONS
2.1 SCOPE OF AGREEMENT
2.2 DESCRIPTION OF LANDS
The lands affected by this Agreement are the lands described in Schedule "A"
hereto.
2.3 PLAN REFERENCE
For the purpose of this Agreement, references are made to the Plan of
Subdivision, attached hereto, as Schedule "8". Any further changes in the said
Plan, or any changes in the Conditions of Draft Approval issued by the Township
of Oro-Medonte, may necessitate a change in the provisions of this Agreement.
2.4 CONFORMITY WITH AGREEMENT
The Developer covenants and agrees that no work shall be performed on the
said lands except in conformity with:
2.4.1 The provisions of this Agreement, including the Schedules hereinafter
referred to.
2.4.2 The Plans and Specifications submitted to and accepted by the Township
as being within its design criteria including, without limiting the generality
of the foregoing, the Drawings listed in Schedule "C" of this Agreement,
along with the Storm Water Management Plan prepared by URS Cole
Sherman dated September 2001. Sanitary sewer extension prepared by
AWS Engineers & Planners Corp.
URS Cole Sherman
Drawing No.
Description
01075-G1
01075-G2
01075-G2A
01075-G3
01075-G4
01075-L 1
01075-L2
01075-P1
01075-P2
01075-P3
01075-P4
01075-P5
01075-P6
01075-P7
01075-P8
01075-01
01075-02
01075-03
01075-04
01075-05
General plan
Sanitary Drainage plan
Phase 1 Sanitary drainage plan
Erosion and sediment control plan
Storm drainage plan
Lot grading plan
Lot grading plan
Landscapes Drive
Oakmont Drive
Tanglewood Crescent
Tanglewood Crescent
Tanglewood Crescent
Sanitary outlet
Storm outfall
Emergency access road
Standard details
Standard details
Standard details
Standard details
Standard details
9
,'.
AWS Drawing No.
G01 Plan
G02
G03
G04 Profile
G05 Profile
G06 Profile
/6
Description
STAT 0+000.000-0+344.000
STAT 0+344.000-0+639.000
STAT 0+639.000-0+809.000
STAT 0+000.000-0+344.000
STAT 0+334.000..Q+639.000
STAT 0+639.000-0+809.000
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1
2.4.3.2
2.4.3.3
2.4.3.4
2.4.3.5
Ministry of the Environment
Hydro Service Company
Township of Oro-Medonte
Nottawasaga Valley Conservation Authority
Ministry of Citizenship, Culture and Recreation
2.4.4 All applicable Township By-Laws, including any applicable Site Plan
Control By-Laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the
Federal Fisheries Act.
2.5 RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that:
2.5.1 It has made representation to the Township that it will complete all
Municipal and other works required herein, in accordance with the Plans
filed and accepted by the Township and others, and;
2.5.2 The Township has entered into this Agreement in reliance upon those
representations.
2.6 SCHEDULES ATTACHED
The following Schedules are attached to and form part of this Agreement:
Schedule "A" -
Schedule "B" -
Schedule "c" -
Schedule "0" -
Schedule "E" -
Schedule "F" -
Schedule "G" -
Schedule "H" -
Schedule "I" -
Schedule" J" -
2.7 SUBDIVISION CHANGES
Description of Lands Being Subdivided
Plan of Subdivision
Works to be Constructed
Itemized Estimate of Cost of Construction of Each,
Part of the Works
List of Lots Unsuitable for Building Purposes and/or
Requiring Special Attention
Development Charges
Deeds and Easements to be Conveyed
Declaration of Progress and Completion
General Location and Lot Grading Plans,
Standard Township Letter of Credit
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 Engineer.
10
.o,
PART.3
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
3.1 Prior to the execution of this Subdivision Agreement by the Township, the
Developer shall:
3.1.1 Taxes - have paid all Township tax bills issued and outstanding against
the said lands.
3.1.2 Deeds and Easements - have delivered to the Township all
transfers/deeds, discharges and easements or other documents required
by Schedule "G", as well as Certification from the Developer's solicitor that
the Transfer/Deeds and Easements shall provide the Township with good
title, free and clear from all encumbrances.
3.1.3 Postponement Mortgage/Charge - file with the Township solicitor, for his
approval, a postponement of Mortgage/Charge document.
3.1.4 Cash Deposits, Development Charges & Security - have paid to the
Township all cash deposits, development charges and security required by
Schedules "D" & 'F.
3.1.5 Construction/Engineering Plans & Specifications - have supplied to the
Township, those Plans and Specifications necessary to identify the
construction/engineering aspects of the proposed development, and have
received from the Township an acknowledgment of conformity with
general design concepts ofthe Township.
3.1.6 Electricity - have supplied to the Township for approval, those plans
necessary to identify the electrical distribution system, lighting
requirements, and power supply to each lot or building or unit, as the case
may be, and these are to be to the required Township standards which
includes underground wiring.
3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate
confirming those coverages specifically set out hereafter.
3.1.8 Consulting Engineer's Letter - ensure that each Consulting Engineer (who
must be experienced in the field of Municipal services) for the Developer,
file with the Township, a letter confirming the terms of his retainer, and
which letter shall be in draft format supplied by the Township.
3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical
Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and
Canada Post, to write a letter to the Township Clerk: confirming that:
3.1.9.1 They have been informed of the project and have seen the
development plans.
3.1.9.2 Satisfactory arrangements have been made with them for
servicing the subdivision without expense or obligation on the part
of the Township.
3.1.9.3 Easement requirements, if any.
3.1.10 Land Ownership- be the registered owner in fee simple of the lands
described in Schedule n An, and that there will be no encumbrances
registered against the said lands.
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3.1.11 Approvals - obtain and file with the Township, confirmation apJJIVVdl~
from the following:
3.1.11.1 Ministry of the Environment
3.1.11.2 Hydro Service Company
3.1.11.3 Township of Oro-Medonte
3.1.11.4 Nottawasaga Valley Conservation Authority
3.1.11.5 County of Simcoe
3.1.11.6 Ministry of Citizenship, Culture and Recreation
3.1.11.7 Simcoe County District School Board
3.1.11.8 Simcoe Muskoka Catholic District School Board
3.1.12 Lot Sizes - file with the Township, a certificate from an Ontario Land
Surveyor confirming that the frontage and area of each lot meets the
minimum requirements of the Township Zoning By-law.
3.1.13 Community Mail Boxes - file with the Township, a Plan showing the
location of, and access to, community mail boxes.
3.1.14 Mylars - provide for registration, Mylars of all Plans incorporated into
this Agreement as Schedules.
3.1.15 Fire Chief Approval - obtain an approval from the Fire Chief of the
Township confirming and approving of the proposed plans for fire
protection, and specifying any hydrants, or other equipment, or
appurtenances required.
3.1.16 Responsibility Agreement - have entered into an agreement with the
Township and American Water Services Canada Corp in regards to
the ownership, financing, construction, operation, maintenance and
repair of certain sewer and waste treatment facilities.
12
PART -4
"
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PRE-CONSTRUCTION REQUIREMENTS
4.1 Prior to starting construction of the subdivision works, the Developer shall:
4.1.1 Plan Registration
Obtain final approval of the Plan from the Township of Oro-Medonte and
obtain registration of the Plan.
4.1.2 Approval of Plans
The Developer and the Engineers employed by him shall have the plans
and specifications for the works approved by the Township Engineer prior
to construction and the originals must be stamped as accepted by the
Township Engineer.
Submit and obtain the Township Engineer's approval of the following, all to
be in accordance with the Township's approved Engineering Standards:
i) the drainage plan;
ii) the lot grading plan;
iii) the service layout plan for Hydro, Telephone and Gas;
iv) the road, watermain and sewer plans and profiles.
4.1.3 Certificate of Approval
Submit to the Township, the Ministry of the Environment's Certificate of
Approval for Storm Sewer Works, detention facilities, waterworks and
sanitary sewers.
4.1.4 Contractor
The said services shall be installed by a contractor or contractors retained
by the Developer and approved, in writing, by the Township Engineer.
The Township and Township Engineer are to be provided with the names
and phone numbers of personnel responsible for the works, including
emergency phone numbers.
4.1.5 Scheduling of Works
Prior to the start of construction, the Developer shall supply for the
Township Engineers, approval of a Schedule of Works, setting out the
order in which he considers the various sections of the works within the
Plan will be built. The Township Engineer may amend this Schedule and
the Developer shall construct, install or perform the works as the Township
Engineer, from time to time, may direct. In any event the Schedule, or
amended Schedule, as the case may be, shall conform to the
requirements of Clause 4.1.8.
4.1.6 Erosion and Siltation Control
The Developer must take all necessary precautions to prevent erosion and
sedimentation of sewers, ditches, culverts, slopes, etc., both within the
subdivision and downstream prior to and during construction and upon
completion of servicing of the subdivision. Failing adequate precautions
13
being taken, the Developer shall be responsible for correcting any damage
and paying all maintenance costs resulting therefrom.
A Storm Drainage and Siltation Control Plan shall be prepared by the
Developer's Engineer for approval by the Township Engineer and the
Nottawasaga Valley Conservation Authority. Prior to any grading or
construction commencing on the site or final approval and registration of
the subdivision, the Developer's Engineer shall submit the Plan fOJ
approval by the Township Engineer and the Nottawasaga Valley
Conservation Authority. The Plan shall detail the means whereby erosion
and siltation and their effects will be minimized on the site during and after
the construction period. The Developer agrees to carry out, or cause to be
carried out, the work approved in the Plan, and such work will be certified,
in writing, by the Developer's Engineer and provided to the Township
Engineer and the Nottawasaga Valley Conservation Authority. The
Developer agrees to maintain all erosion and siltation control devices in
good repair during construction.
4.1.7 Signs
Signs at least 1.2 metres by 1.8 metres shall be provided and erected by
the Developer at each entrance to the subdivision, at a location approved
by the Township Engineer, and the signs shall read as follows:
"ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK"
The signs shall be painted either orange or yellow with black lettering.
These signs shall be installed prior to the commencement of construction
and be removed after the issuance of the Certificate of Maintenance and
Final Acceptance (Aboveground Services).
4.1.8 Notification of Commencement and Completion
The Developer shall not commence the construction of any of the works
until the Developer has provided forty-eight (48) hours written notice to the
Township Engineer, of his intent to commence work.
The Developer shall complete the works expeditiously and continuously
for the first phase and all underground services shall be installed within
one year of the day of registration of this Agreement, and all aboveground
services shall be installed in accordance with the Declaration of Progress
and Completion, as required under Clause 7.11 of this Agreement, but no
longer than two years from the date of registration of this Agreement,
unless extended by the Township Engineer. Subsequent phase shall be
completed within a one (1) year time frame for underground services and
two (2) years for aboveground services from date of commencement.
Should for any reason there be a cessation or interruption of construction,
the Developer shall provide forty-eight (48) hours written notice to the
Township Engineer before work is resumed;
If the municipal services to be constructed by the Developer under this
Agreement are not completed and accepted by the Township within the
above time frame, the Township may either;
a) Give notice to the Developer to stop work on the said municipal
services and to provide that no further work shall be done with respect
to such services, until an amending Agreement, incorporating the
standards, specifications and financial requirements of the Township,
in effect as of that date, is executed by all parties; or
14
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ft;) /6
b) Give notice to the Developer to stop work on the municipal services
and inform the Developer that the Township proposes to realize on its
security and proceed with the completion of construction in accordance
with the provisions of the Plans filed with the Township.
4.2 BREACH OF AGREEMENT
If the Developer commences or causes construction of the works prior to
satisfying the requirement of this Agreement, it shall be subject to the penalties
identified in Part 10.
15
1 .
PART-5
FINANCIAL REQUIREMENTS
5.1 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.
5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS
The Developer agrees to pay to the Township, the cost of the Township's lawyer
and Plannerfor all costs involved in processing the subdivision and of the
Township's Engineer for checking of plans and specifications and inspection on
behalf of the Township. The inspection by the Township will depend on the type
of construction and the amount provided will be deemed necessary by the
Township. In this regard, the Developer agrees to pay to the Township, the sum
of Ten Thousand Dollars ( $10,000 ) upon submitting a Plan to the Township for
consideration to be applied to account of such costs. As accounts are received
from the Township Planner, lawyer and Engineer, they will be paid by the
Township and then submitted to the Developer for reimbursement within thirty
(30) days, so that the initial deposit will again be built up to enable the Township
to pay the next accounts as they are received. In the event that the deposit is
drawn down to a level of Five Thousand Dollars ( $5,000 ), or less, and the
Developer does not pay the accounts within thirty (30) days, it is hereby
understood and agreed that the Developer would be in default of this Agreement
and the Township may, without notice, invoke default provisions as set out in this
Agreement.
5.3 DEVELOPER'S LIABILITIES
Until the Township has issued the Certificate of Maintenance and Final
Acceptance for the works, the Developer shall indemnify the Township against all
actions, causes of action, suits, claims and demands whatsoever which may
arise either directly or indirectly by reason of the Developer undertaking the Plan,
and the Township shall not be deemed to be the Developer.
5.4 UTILITY COSTS AND CHARGES
The Developer shall deal directly with all Utilities Commissions and companies.
He or his Consulting Engineer shall obtain all approvals and permits and pay all
fees and utility charges directly to the Utility until the Certificate of Maintenance
and Final Acceptance (Underground Services) is issued.
If an additional electrical service is required for Township purposes, the
Developer shall include the cost of installation and maintenance of the service.
5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES
AND IMPOSTS
a) Development charges and education development charges shall be
payable on a per-lot basis prior to the issuance of the first Building Permit
with respect to the particular lot.
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.
16
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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 Local Improvements Act at present serving this property and assessed
against it.
These charges are set out in Schedule "F" of this Agreement.
NOTE:
In addition to the Municipal development charges, the lots may be
subject to County development charges and applicable
development charges of any Public Utility Commission.
5.6 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 Engineer and Township
Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in
accordance with the requirements of Schedule "J" with an automatic
renewal clause, in the amount of one hundred percent (100%) of the
estimated costs of the said works, as set out in Schedule "0" and as
approved by the Township Engineer. The Letter of Credit shall be for a
minimum guaranteed period of one (1) year, or such time as the Township
decides, and shall be renewed automatically, as necessary, three (3)
months prior to expiration. Unless the Letter of Credit is renewed as noted
above, the Township shall have the absolute right to refuse to issue
Building Permits and to prohibit occupancy of homes, whether partially or
fully completed, from the said date, three (3) months prior to the expiration
of the Letter of Credit, or the Township may cash the Letter of Credit until
a satisfactory Letter{s) of Credit is received by the Township.
c) Notwithstanding the provisions of subparagraphs (a) and (b) above, the
estimated cost of the works, as set out in Schedule "0", will be reviewed
and updated by the Township Engineer on each anniversary of the date of
execution of this Agreement. In the event of an increase, the Developer
shall provide additional security, as required by the Township Engineer,
within thirty (30) days of notice, by registered mail, from the Township
Engineer.
In the event that the Developer fails to deliver to the Township the
additional security as required by the Township Engineer, it is hereby
understood and agreed that the Developer be deemed to be in default of
this Agreement and the Township may, without notice, invoke default
provisions as set out in this Agreement.
The Township reserves the right to accept or reject any of these
alternative methods of providing securities. Prior to depositing the
securities, the Developer's Engineer shall submit an estimate of the cost of
the works to the Township Engineer for approval. When the cost estimate
has been approved, it will be set out in Schedule "0" 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 "0" 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.
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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 tenns of this Agreement, is the responsibility of the Developer,
including, without limiting the generality of the foregoing, payment of
engineering, legal, planning, and development charges, or other costs
incurred by the Township, which are the responsibility of the Developer
under the tenns 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 costs of completing such work or service
exceeds the amount of security held by the Township, such excess shall be
paid by the Developer to the Township, thirty (30) days after invoicing by the
Township. All overdue accounts shall bear interest at the rate of 12% per
annum.
g) Save Hannless - the Developer, on behalf of itself, its successors and
assigns, agrees to indemnify and save hannless 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
perfonned 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) The 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 tenns of this
Agreement, be returned to the issuing financial institution for transmission to
that party that took out the original Letter of Credit.
5.7 DISCHARGE OF SECURITIES
5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the
services based on the total estimated cost of works in the subdivision or in
an approved stage of the subdivision, and provided the Developer is in
compliance with all aspects of the Subdivision Agreement, the Developer
shall, as the work further proceeds to completion, have the privilege, on
application to the Township and upon certification of the Township
Engineer, of obtaining reductions of the cash or Letter of Credit deposited
for the installation of the services, in increments of not less than ten percent
(10%). Upon application for reduction of the securities, the Developer's
Engineer shall provide an estimate of the cost to complete the work. This
amount, when approved by the Township Engineer, shall be retained along
with twenty percent (20%) ofthe completed work estimate and the
remainder released. A further ten percent (10%) of the completed work
18
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estimate will be released upon satisfactory assurance to the Township that
there are no liens pursuant to the Construction Lien Act affecting lands
conveyed or to be conveyed to the Township within the Plan of Subdivision,
pursuant to the terms of this Subdivision Agreement.
5.7.2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with
the Township, the required Final Occupancy and Lot Grading Deposit at a
rate applicable at the time of the issuance of Building Permits. Upon
certification of final grade elevations indicating that the property has been
developed in conformity with the General Location and Lot Grading Plan by
a certified Engineer and approved by the Township Engineer, the balance of
the deposit shall be retumed.
5.8 STATUTORY DECLARATION OF ACCOUNTS PAID
The Developer agrees that upon applying for a Discharge of Securities or for a
Certificate of Substantial Completion and Acceptance, or for a Certificate of
Maintenance and Final Acceptance for the services within the subdivision, or
upon applying for prior acceptance of the underground services, he shall supply
the Township with a Statutory Declaration that all accounts for work and
materials for said services have been paid and that the Construction Lien Act has
been complied with and that no liens thereunder have or can be registered,
except normal guarantee hold backs, 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.
5.9 PLEDGE OF TITLE TO LANDS
The Developer hereby charges and pledges as security for all costs, charges,
expenses or obligations of the Developer under the provisions of this Subdivision
Agreement all of its right, title and interest in the said lands, and consents to the
registration of this Subdivision Agreement against title to the said lands.
5.10 INSURANCE CERTIFICATE AND POLICY
5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on
or prior to the execution of the Agreement, an insurance certificate with
an insurance company satisfactory to the Township, (which said approval
shall not be unreasonably withheld or delayed), and insuring for the joint
benefit of the Developer, their agents and the Township and their agents,
against any liability that may arise out of the construction or installation of
any work to be performed pursuant to this Agreement and for a period of
one (1) year after completion and acceptance of the Township services
to be constructed herein.
5.10.2 Comprehensive General Liability - 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 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 duly qualified to do such work;
d) shall include the following names as insureds:
(i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
5.10.3 Notice of Cancellation - a provision that the insurance company agrees
to notify the Township within fifteen (15) days in advance of any
cancellation or expiry of the said insurance policy.
19
5.10.4 Certificate of Coverage - any certificate of coverage filed with the
Township Clerk shall specifically contain their confirmation that coverage
includes (a), (b), (c) and (d) above and are in effect.
5.10.5 Confirmation of Premium Payment - the Developer shall, from time to
time as required by the Township, provide confirmation that all premiums
on such policy or pOlicies insurance have been paid, and that the
insurance is in full force and effect. The Developer shall see that a copy
of the policy is filed with the Township.
5.10.6 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.
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PART.6
STAGING OR PHASING
6.1 STAGING OR PHASING
The Township, in its sole discretion, may instruct the Developer to construct the
services in particular stages or phases suitable 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 stages. If the work is thus staged, as approved by
the Township, then in lieu of furnishing cash payment or Letter of Credit, all as
set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as
approved by the Township Engineer, the Developer shall deposit security for part
of the services the Township has approved. Before proceeding with an additional
stage, 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 fifty
(50%) of the lots of the subdivision or stages of the subdivision have been built
upon and all the services have not been completed and approved by the
Township Engineer, the Township reserves the right to refuse commencement of
the next stage until all services have been installed and approved.
In no event will further subdivisions of the Developer or stages of subdivisions of
the Developer be approved if all services of the active stage approved by the
Township Engineer have not been completed within a two (2) year period after
registration of this Agreement.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until at
least fifty percent (50%) of the lots on the subdivision or stage ofthe subdivision
have completed dwellings erected therein and Occupancy Permits have been
issued. The Developer shall be responsible for the maintenance of the services
in this case until the Township has assumed the responsibility of the services.
Phase 1 consists of sixty-six (66) Lots
Landscapes Drive Lots 1 - 15
Tanglewood Crescent Lots 16 - 37
Tanglewood Crescent Lots 38 - 47
Oakmont Avenue Lots 48 - 66
6.2 The developer agrees not to apply, directly or indirectly through an agent,
assignee or otherwise, for a Building Permit to the Township or its Chief Building
Official for any more than 55 Building Permits with respect to the Plan of
Subdivision until such time as the Township is satisfied that the provisions of
paragraph 4 of an agreement dated the 17th day of January, 2002, entered into
between Horseshoe Resort Corporation and the Corporation of the County of
Simcoe (the "Parent Agreement") has been fully complied with.
6.3 The developer acknowledges and understands that the Township and its Chief
Building Official may refuse to accept any Building Permit Application that does
not comply with the provisions set out above.
6.4 The parties acknowledge and agree that the provisions of paragraph 4 of the
"Parent Agreement" relate to necessary transportation improvements. The failure
to provide the same will render any lot in excess of 55 on the Plan of Subdivision
undevelopable, and constitutes failure to conform with "other applicable law" as
that term is defined and interpreted in the Building Code Act, 1992 and
regulations enacted thereunder.
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6.5.1 The developer agrees to notify any purchasers, builders and assignees of the
agreement and the terms set out in this part.
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It
PART - 7
CONSTRUCTION REQUIREMENTS
7.1 WORKS TO BE INSTALLED
The works to be installed are set out in Schedule "C" to this Agreement. This
Schedule is to set out the works in general terms only and shall not be construed
as covering all items in detail.
The works are to be designed and constructed in accordance with the current
Engineering Standards adopted by By-Law by the Township at the time of
signing of the Subdivision Agreement. A copy of these standards is available at
the Municipal Office.
If at any time, and from time to time during the development of the subdivision,
the Township Engineer is of the opinion that additional works are necessary to
provide adequately any of the public services required by the Plan, the Developer
shall construct, install or perform such additional works at the request of the
Township Engineer.
7.2 CONSTRUCTION OF WORKS
Following the registration of this Agreement, the Developer shall cause to be
constructed, all requisite works in order to provide services to the lots and
buildings blocks within the Phase.
7.3 PRESERVATION AND PLANTING OF TREES
7.3.1 The Developer must preserve all healthy trees within the limits of the
subdivision, where possible. If, in the opinion of the Township Engineer,
indiscriminate removal of trees takes place within the limits of the Plan of
Subdivision, including road allowances, parkland, and individual lots, the
Township shall have the option of having a Stop Work Order on
construction of the services and/or building on a particular lot where the
removal is taking place. Work will not be allowed to proceed until the
Township is satisfied that the practice will not continue and the
Developer/Builder agrees to carry out remedial work requested by the
Township. The Developer agrees to provide a copy of this clause to each
and every prospective builder/prospective purchaser.
7.3.2 The Developer shall plant one (1) 2.4 metre, or taller, hardwood tree of a
minimum of 50 mm caliper on each lot having less than three (3) trees in
the front yard(s), if required by the Township. The type oftree must be
satisfactory to the Township.
7.4 MOVEMENT OF FILL
The Developer covenants and agrees that he shall not dump, nor permit to be
dumped, any fill or debris on, nor shall he remove or permit to be removed, any
fill, topsoil, trees or shrubs from any public or Municipal lands, without the written
consent of the Township Engineer.
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7.5 BLASTING
Before any blasting is proceeded with by the Developer, the Developer shall
obtain from the Township Engineer or Township Public Works Official, written
permission for carrying out the blasting operation, and shall obtain the blasting
permit and show proof of insurance for all damage or claims for damage resulting
from the blasting operation. The Developer, in any event, shall be responsible for
any such claims.
7.6 ACCESS ROADS
All access roads must be maintained by the Developer in good repair acceptable
to the Township Engineer and Township Public Works Official during the time of
construction, including dust control and the removal of any mud or debris tracked
from the subdivision, and no roadway outside the limits of the proposed
subdivision may be closed without the written consent of the Township Public
Works Official. For the purpose of getting such consent, the Developer shall
advise the Township Public Works Official 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.
7.7 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 Engineer shall arrange for an inspection with the
Township Public Works Official and Township Engineer for the purpose of
compiling an inventory of existing conditions prior to work on the subdivision.
Otherwise, the Township Public Works Official's assessment of conditions prior to
construction will be final.
7.8 DUST CONTROL
Until the Certificate of Substantial Completion and Acceptance (Aboveground
Works) has been issued, the Developer shall apply calcium to the roads within
the subdivision and/or utilized by construction traffic, in quantities sufficient to
prevent any dust problem to traffic or home occupants, to the satisfaction of the
Township Engineers.
If the Developer has not taken remedial action within twenty-four (24) hours of
receiving a written notification (via facsimile) from the Township's Engineer
regarding a dust control problem, then the Township's Engineer, at their sole
discretion, shall employ outside forces to implement, at the Developer's expense,
a suitable measure of dust control.
7.9 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 is not responsible for the
removal or disposal of refuse, garbage and debris. Open air buming is not
permitted by the Township. The Developer agrees to deliver a copy of this
clause to each and every builder obtaining a Building Permit for any lot or part of
a lot on the said Plan of Subdivision.
24
7.10 INSPECTION OF CONSTRUCTION OF SERVICES
During construction of the services, the Township may inspect the work in hand
at such times and with such duration and frequency as the nature of the type of
construction may dictate. Subject to the obligations of the Township Engineer to
protect the interests of the Township through such inspections, every effort will
be made to keep duplication of engineering services on site to a minimum. If,
during such inspections, the Township Engineer perceives that construction,
whether by method or otherwise, constitutes an immediate danger to life or
property, or construction does not conform to acceptable practice in order to
meet the requirements for services, he will have the authority to cease
construction operations by verbal notice to the contractor and/or the Developer's
Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter.
A copy of this clause shall be delivered by the Developer to each and every
contractor engaged in construction of services for the subdivision.
7.11 DECLARATION OF PROGRESS AND COMPLETION
7.11.1 Prior to the approval of the underground services, the Developer shall
provide the Township Engineer with an undertaking for the completion
dates of all remaining works required by this Agreement and in a form
similar to that attached to this Agreement as Schedule "H", the
Declaration of Progress and Completion, for approval of the Township
Engineer. The Township reserves the right to alter the completion dates
as it sees fit and the Developer agrees to complete the services.
7.11.2 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 Fifty Dollars ($50.00) for
each and every day the said services are behind schedule of
construction, and NO FURTHER BUILDING PERMITS SHALL BE
ISSUED.
7.12 PROGRESS OF WORKS
After the completion of the underground services, the Developer shall complete
the Declaration of Progress and Completion for the approval of the Township
Engineer and from that date, the said Declaration shall apply and take
precedence over Clause 4.1.5. Prior to signing the Declaration of Progress and
Completion, the Developer shall install all works in accordance with the Schedule
of Works or as directed by the Township Engineer. If he fails to adhere to the
scheduling provisions outlined in the Schedule of Works or the Declaration, or
having commenced to install the aforesaid works, fails or neglects to proceed
with reasonable speed, or in the event that the aforesaid works are not being
installed in the manner required by the Township Engineer, then upon the
Township Engineer giving seven (7) days written notice by prepaid registered
mail to the Developer, the Township Engineer may, without further notice, enter
upon the said land and proceed to supply all materials and to do all necessary
works in connection with the installation of the said works; including the repair or
reconstruction of faulty work and the replacement of materials not in accordance
with the specifications, and to charge the costs thereof, together with an
engineering fee of ten percent (10%) of the cost of such materials and works to
the Developer who shall forthwith pay the same upon demand. If the Developer
fails to pay the Township within thirty (30) days of the date on the bill, the money
owing may be deducted from the cash deposit or Letters of Credit. It is
understood and 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 works by the Township.
25
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The Township, in addition to all other remedies it may have, may refuse to issue
Building Permits until such works are completely installed in accordance with the
requirements of the Township Engineer. It is agreed that a copy of this clause be
delivered by the Developer to each and every builder obtaining a Building Permit
for any lot or part of a lot on the said Plan.
7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES
It is intended that the electricity and street lighting, sanitary and storm sewer
systems, detention pond and waterworks will be constructed, inspected and
approved prior to the completion of the other works, including roads and
boulevards.
Building Permits will not be issued until the Township Engineer has given the
Certificate of Substantial Completion and Acceptance (Municipal Underground
Services). The two (2) year maintenance period for the underground services will
commence when this Certificate is issued.
During the maintenance period, the Developer shall be responsible for the normal
operation and maintenance, and all repairs for the services noted in the
Certificate.
If, during the two (2) year maintenance period, the Developer fails to carry out
rectification and repair work as requested by the Township, then the Township
may carry out the work and be reimbursed the cost of the work from the
Developer's securities, as set out under Clause 9.3.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage ofthe subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services, in this case, until the Township has assumed the
responsibility of the services.
7.14 EMERGENCY REPAIRS
Employees or agents of the Township may enter onto the lands at any time, or
from time to time for the purpose of making emergency repairs to any of the
works. Such entry and repairing shall not be deemed an acceptance of the
works by the Township or any assumption by the Township of any liability in
connection therewith, or a release of the Developer from any of his obligations
under this Agreement.
7.15 USE OF WORKS BY TOWNSHIP
The Developer agrees that:
I. The works may be used prior to acceptance by the Township or other
authorized persons for the purpose for which such works are designed.
II. Such use shall not be deemed an acceptance of the works by the Township,
and;
III. Such use shall not in any way relieve the Developer of his obligations in
respect of the construction and maintenance of the works so used.
7.16 DRAINAGE AND LOT GRADING
All lots and blocks within the Plan and all lands abutting the Plan shall be graded
to drain in accordance with the overall Grading Plan 01 075-L 1 and L2
prepared by the Developer's Engineer, and approved by the Township Engineer
26
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and the Township of Oro-Medonte. Some fill and regrading of lots may be
necessary during or after building construction. The Grading Plan shall show all
existing and final grades on lot comers, as well as mid-lot elevations, where
deemed necessary by the Township Engineer.
It is understood and agreed by the parties hereto that drainage of surface water
on the lots and blocks on the Plan is the sole responsibility of the respective lot
owners once the required drainage works have been constructed by the
Developer.
The storm swales shall be landscaped and maintained by all subsequent lot
owners. The purpose of the storm swales is to accommodate storm drainage
waters from the subject lot and adjacent lands. No lot owner in the subdivision
shall encumber or impede 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 storm swale, or
interferes with the acceptance of water from any connecting swales, then the
Township shall have the right, if it so elects, to enter upon the subject lands to
rectify such problems so that the swales can serve their original purpose.
Within the swale area, the Developer, and any subsequent lot owner, shall not
construct any works, remove, or permit to be removed, any soil from the said
swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled,
installed or erected in, over, upon, under or through the said swale/easement,
any fence, well, foundation, pavement, building or other structure or other
installation.
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 326 of the Municipal
Act.
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.
Generally, the drainage facilities will consist of open ditches within the
subdivision or storm sewers in certain locations to provide a satisfactory drainage
outlet, and will be in accordance with the Drainage Plan 01075-L 1 & L2 prepared
by the Developer's Engineer, and approved by the Township Engineer and the
Township of Oro-Medonte.
7.17 DEFINITIONS
For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage works
(including culverts, storm sewer and detention pond), waterworks, sanitary
sewers, underground electrical distribution system, and street lighting
serving the Plan of Subdivision, as more particularly described in Schedule
"C" to this Subdivision Agreement.
27
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Il;)J?~
(ii)
The term "Certificate of Substantial Completion and Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services to be installed by the Developer under the
provisions of this Subdivision Agreement, as more particularly identified in
Schedule "C", have been substantially completed in accordance with plans
and specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Municipal Underground Services) shall not constitute an assumption of the
Municipal Underground Services by the Township.
(iii)
The term "Certificate of Maintenance and Final Acceptance (Municipal
Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Municipal Underground Services constructed by the Developer, in
accordance with the terms of this Subdivision Agreement, and as more
particularly identified in Schedule "C", have been satisfactorily completed
and maintained by the Developer during the two~year(2) maintenance
period, and issuance of the said Certificate shall constitute final acceptance
and assumption of the Municipal Underground Services by the Township.
(iv)
The term "Aboveground Services" shall mean all Municipal services to be
constructed by the Developer pursuant to the terms of this Subdivision
Agreement, as more particularly identified in Schedule "C", excluding
Underground Services.
(v)
The term "Certificate of Substantial Completion and Acceptance
(Aboveground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
Aboveground Services to be installed by the Developer under the provisions
of this Subdivision Agreement, as more particularly identified in Schedule
"C", have been substantially completed, in accordance with plans and
specifications reviewed and accepted by the Township Engineer. The
issuance of a Certificate of Substantial Completion and Acceptance
(Aboveground Services) shall constitute an assumption of the Aboveground
Services by the Township for winter maintenance only.
(vi)
The term "Certificate of Maintenance and Final Acceptance (Aboveground
Services)" shall mean a Certificate issued by the Township upon the
recommendation of the Township Engineer confirming that the
Aboveground Services constructed by the Developer in accordance with the
terms of this Subdivision Agreement, and as more particularly identified in
Schedule "C", have been satisfactorily completed and maintained by the
Developer during the two-year (2) maintenance period, and issuance of the
said Certificate shall constitute final acceptance and assumption of the
Aboveground Services by the Township.
(vii)
The term "Certificate of Substantial Completion and Acceptance" means a
Certificate of Substantial Completion and Acceptance (Municipal
Underground Services) or a Certificate of Substantial Completion and
. Acceptance (Aboveground Services), as the provisions of this Subdivision
Agreement require.
28
(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) or a Certificate of Maintenance and Final Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement
require.
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/6
PART.8
BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE
The Developer further agrees that he or any person, persons, or Corporation
claiming title through the Developer, will not apply for a Building Permit for any
part or portion of the said lands or on any lot therein, and no Building Permit shall
be issued until a Certificate of Substantial Completion and Acceptance
(underground service) has been issued.
The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township of Oro-Medonte and the Township Engineer, as a
further requirement to Clause 7.16. The Plan shall include the following:
a) envelopes for the proposed house and any adjacent structures on each lot..
b) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
c) existing and proposed grades on lot comers and mid-lot elevation.
d) location and type of proposed water and sanitary sewer connection
8.1.1 The Developer agrees to advise all prospective lot Developers that a detailed
Site Development Plan for each lot may be required to be prepared by a
Professional Engineer registered with the Association of Professional Engineers
of Ontario, for approval by the Township Engineer, for each respective lot. Site
Development Plans, which conform to the overall Lot Development Plan at an
approved metric scale using metric dimensions and elevations, shall include the
following:
a) the location, dimensions and elevations of the proposed dwelling and any
structures to be located on the lot, as well as any adjacent structures on the
adjacent lot(s). A set of house plans, including wall sections, shall be
submitted with the Site Development Plan.
b) the location, size and elevation of the sanitary service to the dwelling.
c) the location and type of water service line to the dwelling.
d) the existing and proposed grades of the disturbed area on the lot after
building, drainage and sewage works have been completed.
e) the location and grades of any proposed drainage swales.
f) the Professional Engineer will be required to check the elevations of the
footings of the buildings prior to further construction to ensure conformity with
the approved Plans noted above.
g) the Professional Engineer will be required, prior to the issuance of a Final
Inspection Report, to certify to the Township of Oro-Medonte, in writing, that
the foregoing works have been carried out in accordance with the approved
Plans noted above.
The Developer further agrees to construct all works required under Clause 7.16,
and as shown on the approved General Location and Lot Grading Plan 01 075-L 1
& L2 , Storm Drainage Area Plan 01075-G4 and Erosion Control Plan 01075-G3,
all prepared by URS Cole Sherman to the satisfaction of the Township of
Oro-Medonte and the Township Engineer.
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.
.
8.2 REQUIREMENTS FOR BUILDING PERMITS
)6 .p)~
The approval of the Plan by the Township, or the acceptance by the Township of
the works, shall not be deemed to give any assurance that the Building Permits,
when applied for, will be issued in respect of the lots or blocks shown on the
Plan.
Notwithstanding the foregoing, no Building Permits will be given and the Chief
Building Official may refuse any application until:
(i) Township of Oro-Medonte approvals have been obtained and submitted to
the Township.
(ii) The Storm Water Management System, Sanitary Sewer System and
Waterworks have been installed, tested and approved by the Township
Engineer and he has issued his Certificate of Substantial Completion and
Acceptance (Municipal Underground Services).
(iii) Plans for remaining underground services such as Bell Telephone,
Electricity or Natural Gas have been approved.
(iv) A "Builders" road consisting of the grading, curb and gutter or ditch
shaping and full depth of Granular "B" sub-base, has been constructed on
the road providing access to the lot.
(v) Approval of the Township Engineer has been obtained for the construction
of any buildings to be erected on lots or blocks listed in Schedule "E"
hereto.
(vi) Signs denoting "Unassumed Roads" have been installed at the entrances
to the subdivision in a location acceptable to the Township, in accordance
with Clause 4.1.7.
(vii) A Certificate Letter and Lot Development Plan has been given by the
Developer's Consulting Engineer or a Professional Engineer registered
with the Association of Professional Engineers of Ontario, that the building
to be erected on any lot or block within the Plan, for which a Building
Permit has been applied for, is in conformity with the General Location and
Lot Grading Plans, or has received the approval of the Township Engineer
with respect to any variance to the Grading Plan.
The individual Lot Development Plan must be approved by the Township
Engineer prior to the issuance of a Building Permit.
(viii) All dead trees within the limit of the Plan have been removed.
(ix) Arrangements have been made and approved by the Township for
Municipal Address System numbering, as set out in Clause 8.4.
(x) The Traffic and Street Name signs have been installed and approved by
the Township Engineer.
(xi) Any development charges have been paid, in full, in accordance with the
applicable development charge By-Laws, enacted pursuant to the
Development Charges Act, 1997, as well as By-Laws enacted pursuant to
Section 257.53 of the Education Act, or altemate arrangement satisfactory
to the body enacting the development charge By-Law, have been made
and the same has been communicated to the Chief Building Official for the
Township of Oro-Medonte, in writing, by such a body.
31
8.3 lOTS UNSUITABLE FOR BUILDING OR lOTS REQUIRING SPECIAL
ATTENTION
33
All lots within the Plan will require special attention in order to be serviced and/or
built upon as outlined in Schedule 'E' of this Agreement. Prior to the issuance of
a Building Permit for a specific lot, a Professional Engineer must submit an
engineered footing and foundation wall design for those lots where the house
footings will not be in stable native soils and/or engineered fill.
8.4 MUNICIPAL ADDRESS SYSTEM
The Developer shall be responsible for obtaining the municipal address system
numbers for each and every lot from the Municipal Office. As a further
requirement, in order to obtain a Provisional Certificate of Occupancy, the
Developer and/or builder or lot owner, shall install the aforementioned number at
a location approved by the Township. The Developer agrees to provide a copy of
this clause to each and every builder or lot owner in advance of the sale of such
lot(s).
8.5 REQUIREMENTS FOR OCCUPANCY
8.5.1 No buildings erected on the lots or blocks within the Plan shall be
occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has
been issued by the Township in accordance with the Township Building
and Plumbing By-law.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued
to allow occupancy of a building.
8.5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
(i) The roadway has received the granular road base materials full
depth and the base course of asphalt, provided asphalt is
commercially available.
(ii) The underground hydro, telephone lines, gas mains and street
lights have been installed and approved by the Township Engineer.
(iii) A Certificate Letter and individual Lot Development Plan has been
given by the Developer's Consulting Engineer, or a Professional
Engineer registered with the Association of Professional Engineers
of Ontario, that the building constructed, and the final grading of the
lot or block, is in conformity with the General Location and Lot
Grading Plans, or such variance therefrom has been approved by
the Township Engineer.
The final grading on the individual Lot Development Plan must be
approved by the Township Engineer prior to the issuance of a
FINAL CERTIFICATE OF OCCUPANCY.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued
when all outstanding items on a Provisional Certificate of
Occupancy, including grading, have been completed.
(iv) Driveway culvert and end protection has been provided to the
satisfaction of the Township, in accordance with the Township's
Road Occupancy Permit.
(v) The trees have been planted on the lot by the Developer in
accordance with Clause 7.3.
32
It 1)3
(vi) Any deficiencies on a Provisional Certificate of Occupancy has
been complied with. It is agreed that a copy of Part 8 shall be
delivered by the Developer to each and every builder obtaining a
Builder's Permit or any prospective purchaser of the dwelling for
any lot or part of a lot on the said Plan.
8.6 OCCUPANCY LIQUIDATED DAMAGES
Notwithstanding the above, if for any reason whatsoever, occupancy of any
building occurs before the vital services listed in Clause 8.5 are installed to the
home occupied to the satisfaction of the Township Engineer, then the Developer
agrees to pay to the Township, liquidated damages in the amount of One
Hundred Dollars ($100.00), 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 Engineer that the vital services are
satisfactorily installed. If the Developer fails to pay to the Township, monies
owing under this clause within thirty (30) days of the date of the bill, the money
may be deducted from the cash deposit or Letter of Credit or other deposited
security.
33
PART-9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES
On receipt of the Developer's request for a final inspection of the underground
services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance (Municipal Underground Services) be issued. It should be noted that
the Certificate of Maintenance and Final Acceptance (Municipal Underground
Services) can be applied for by the Developer two (2) years after the receipt of
the Certificate of Substantial Completion and Acceptance (Municipal
Underground Services).
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the normal operation, maintenance, and
all repairs of the services in this case until the Township has assumed the
responsibility of the services.
9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES
When all of the services have been completed, including the surface lift of
asphalt in accordance with this Agreement or in a particular stage, the Township
Engineer and Public Works Official shall make an inspection to ensure that the
Township will accept the road system. The Township Engineer shall issue a
Certificate of Substantial Completion and Acceptance (Aboveground Services)
when the works are accepted by the Township. This Certificate may contain a
list of minor deficiencies, which have to be corrected by the Developer, but which
are not considered of sufficient importance to delay the issuance of the
Certificate and the acceptance of the services by the Township. The two (2) year
maintenance period will commence when the Township Council approves the
issuance of the Certificate.
9.3 MAINTENANCE OF WORKS
The Developer will be responsible for the repair and maintenance of all the
subdivision services for a period of two (2) years from the date the Township
Council approves the Certificate of Substantial Completion and Acceptance. This
shall be called the Maintenance Period. The maintenance shall include the
maintaining and mowing of grass within the road allowances, as well as the
parkland area and detention pond, on a regular basis. If the Township is
requested to carry out this maintenance, the Developer shall pay all charges to
the Township.
If, during this period, the Developer fails to carry out maintenance work within
forty-eight (48) hours after receipt of a request from the Township, then the
Township Engineer may, without further notice, undertake such maintenance
work and the total cost of such work, including Engineering fees, shall be borne
by the Developer. If the Developer fails to pay the Township within thirty (30)
days of the date of billing, then the money owing may be deducted from the cash
deposit or Letter of Credit. During the maintenance period, ten percent (10%) of
the original estimated cost of the works shall be retained by the Township.
Towards the end of the maintenance period, the Developer shall make written
request to the Township for a final inspection to be made and notwithstanding the
two (2) year period noted above, the maintenance period will continue for the
34
original two (2) years, or for thirty (30) days after the receipt of the Developer's I
written request for a final inspection, whichever period of time is the greater.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services in this
case until the Township has assumed the responsibility of services.
It
9.4 WINTER ROAD MAINTENANCE
An exception to the liability of the Developer for all maintenance and repair of the
services during the two (2) year maintenance period will be winter control, which
operation will be the Township's responsibility after the issuance of the Certificate
of Substantial Completion and Acceptance (Aboveground Services). Winter
control shall include snow plowing, sanding and any other winter maintenance
operations. It is agreed by the Developer that the winter control operations shall
not prejudice the Township's rights to enforce the maintenance provisions. Prior
to the issuance of the Certificate of Substantial Completion and Acceptance
(Aboveground Services) however, the Developer shall be responsible for the
winter control also. In the event that proper vehicular access or winter control is
not provided by the Developer, the Township, through its servants, contractors,
or agents, may provide without notice to the Developer. Such winter control shall
be only carried out at times deemed to be an emergency by the Public Works
Official. All costs of such work shall be paid by the Developer within thirty (30)
days of the date of billing or otherwise may be deducted from the cash deposit or
Letter of Credit.
The cost of such works to be at the following rates:
Machinery and Equipment
Labour
Mixed Sand and Salt
Payroll Burden - 41 %
Administration - 7%
G.S.T. - 7%
$40.00/hr.
$20.00/hr.
$12.00/m3
The Township may adjust these rates from time to time.
The Developer further agrees that any work done by the Township pursuant to
this Agreement before the roads are accepted by the Township, shall not be
deemed in any way to be an acceptance by the Township of the roads in the said
subdivision upon which such work is done. The Developer acknowledges that
the Township, whilst providing winter control, may damage or interfere with the
works of the Developer and covenants that he will make no claims against the
Township for such interference or damage, providing the work is carried out in a
normal and reasonable manner.
9.5 REPLACEMENT OF SURVEY BARS
Prior to the final acceptance of the subdivision by the Township, the Developer
agrees to supply a statement from an Ontario Land 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.
35
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'.
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
/)3)
Upon receipt of the Developer's request for a final inspection of the Aboveground
Services, the Township Engineer will again inspect the work and if satisfied, will
recommend to the Township that the Certificate of Maintenance and Final
Acceptance be issued.
Notwithstanding anything hereinafter set out, the Township shall not be obligated
to assume the responsibility for and take over the subdivision services until fifty
percent (50%) of the lots on the subdivision or stage of the subdivision have
completed dwellings erected therein and Occupancy Permits have been issued.
The Developer shall be responsible for the maintenance of the services, in this
case, until the Township has assumed the responsibility of the services.
9.7 RELEASE OF LAND
The Developer, when not in default of the Subdivision Agreement to provide the
requisite public services to the lands, shall be entitled to an effective release in a
form suitable for registration in the Land Registry Office for each lot or block,
which is in conformity with the overall Grading Plan for the lands or such variance
therefrom as has been approved by the Township Engineer.
Every such release shall operate as a discharge of all levies hereunder by the
Township in respect to each lot or block described in the release, with the
exception of the responsibility for drainage as outlined in Clause 9.8 and the
completion and maintenance of the services.
9.8 DRAINAGE. RESPONSIBILITY OF DEVELOPER AND SUBSEQUENT
OWNERS
It is understood and agreed that the drainage of surface waters upon and from the
said lands shall remain the sole responsibility of the Developer and the subsequent
owners, from time to time, of the lots or blocks within the Plan of Subdivision. The
Developer and subsequent owners of the lots or blocks within the Plan of
Subdivision, from time to time, shall provide and maintain adequate drainage of
surface waters across and from the said lands in accordance with the provisions of
Section 7.16 of this Subdivision Agreement. The Developer agrees to provide a
copy of this Section 9.8 and Section 7.16 to each and every prospective
bUilder/prospective purchaser of a lot or block within the Plan of Subdivision.
The Developer and the owner, from time to time, of any lot or block within the Plan
of Subdivision upon which the Township elects to enter for the purpose of rectifying
the said work. hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a
result of the Township or of its servants or agents entering upon the lands for the
purpose of correcting drainage problems. The cost of such work will be for the
account of the Developer and/or subsequent lot owner. Any invoices not paid
within thirty (30) days after due date, shall be added to the tax roll and collected in
a like manner as realty taxes as per Section 326 of the Municipal Act.
36
. .
PART -10 - DEFAULT PROVISIONS
/ t I) 3~
10.1 DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement,
and in addition to any other remedies, when the Developer is deemed by the
Township to be in default of this Agreement, the Township reserves the right to
realize upon any securities deposited on or on behalf of the Developer to recover
costs incurred by the Township, in accordance with the provisions of Section 5.6 of
this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or
Occupancy Permits, and the Developer agrees not to apply for any Building
Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until
such time as the Developer is in full compliance with the provisions of this
Subdivision Agreement.
10.2 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and ensure to the benefit of the parties
hereto and their respective heirs, executors, administrators and assigns.
10.3 SUBSTITUTION FOR APPROVALS
Wherein this Agreement reference is made to any named Ministry of the Province,
Township of Oro-Medonte or other public body, such reference where the same
requires their approval, is deemed to be a reference to any other Ministry or body
as may be substituted by legislative change or policy of the Provincial Govemment
or ofthe Township.
10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP
The Developer further agrees that all costs, charges or expenses incurred by the
Township in satisfying the obligations of the Developer in the event of default of the
Developer under the terms of this Subdivision Agreement, together with any costs,
charges or expenses incurred by the Township in enforcing the obligations of the
Developer under this Agreement, shall be a first charge or lien against the said
lands in accordance with the provisions of Section 326 of the Municipal Act.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have
hereunto caused to be affixed the corporate seals, duly attested to by the proper signing
officers.
SIGNED, SEALED AND DELIVERED this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
J. Neil Craig
Title Mayor
Per
Marilyn Pennycook
Title
erry Leiderman
H~e Authority to Bind the Corporation
C" i''b elJ f
37
'.
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SCHEDULE "A"
3'?
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH I
Part Lot 3 concession 4, Oro. Designated
as part of Part 8 and all of Parts 6, 7, 20, and
21 on Plan 51 R-30671
Subject to an easement over parts of 7 and 20
Plan 51 R-30671 as in instrument #L T 522875
together with an easement over parts 1 and 2
Plan 51 R-30671 as in instrument # L T 522878
being part of PIN #74055-D119(Lt)
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 Ora-Medonte (formerly Township of Ora), in the County of Simcoe, and
being composed of the whole of the lands described as follows:
38
NOTE:
SCHEDULE "8"
I .4
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH 1
51-M
PLAN OF SUBDIVISION
39
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~ .
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC. PH I
WORKS TO BE CONSTRUCTED
Complete roadway construction, including excavation, granular roadbed,
materials, curb and gutter as required, two (2) lifts of asphalt, topsoil and
seeded boulevards with sod, and erosion control measures as required
Storm drainage works, including ditches. culverts, and storm sewers
Storm water management ponds by others (Horseshoe Resort)
Water works including hydrant, valves and services
Street and traffic signs
Underground Hydro, telephone and street lighting
Sanitary sewers and services
Sanitary sewer extension by others (AWS)
All of the above works are incorporated onto the following drawings prepared by
URS Cole Sherman Project # CN 30701075 Municipal Affairs No. 43-0M-20001
01075-G1
01075-G2
01075-G2A
01075-G3
01075-G4
01075-L 1
01075-L2
01075-P1
01075-P2
01075-P3
01075-P4
01075-P5
01075-P6
01075-P7
01075-P8
01075-01
01075-02
01075-03
01075-04
01075-05
General plan
Sanitary Drainage plan
Phase 1 sanitary drainage plan
Erosion and sediment control plan
Storm drainage plan
Lot grading plan
Lot grading plan
Landscapes Drive
Oakmont Drive
Tanglewood Crescent
Tanglewood Crescent
Tanglewood Crescent
Sanitary outlet
Storm outfall
Emergency access road
Standard details
Standard details
Standard details
Standard details
Standard details
The above referenced drawings were stamped, as accepted, by the township
engineers, R. G. Robinson and Associates (Barrie) Ltd. on October 1, 2002.
40
SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE
WORKS
The following list summarizes the cost estimate of the major works, but is not
necessarily inclusive:
A) Roadway construction complete, including clearing
and grubbing, excavation,granular road base
materials, concrete curb and spillways and two lifts
of asphalt............... .......... ................. ..... ........... .......... ......... .. .$434,400.00
B) Storm Drainage works complete, including storm
sewers, ditch inlet catchbasins, culverts, detention pond,
topsoil, seed and mulch, sod, ditching and siltation and
erosion control devices........................................................$ 271,000.00
C) Sanitary works complete, including sewer and manhole...... $ 192,100.00
D) Waterworks, including watermains, valves, hydrants and
valves, water services and modification to pumphouse..........$ 149,100.00
E) Miscellaneous items such as street name and
regulatory signs................................................................$ 36,100.00
F) Electrical supply, including street lights,
control panels and duct crossings....................................... .....$ 76,448.00
G) Parkland works, including grading, trees, fence
and park sign................................... ................. ..............$ N/A
SUB-TOTAL
$1,159,648.00
G) Allowance for Engineering and supervision.........15%......... $ 173,947.20
TOTAL
$1,133,595.20
$ 93,351,67
7% G.S.T.
GRAND TOTAL COST
$1,426,946.87
41
.
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SCHEDULE "E"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
Refer to Section 8.3 which outlines specific requirements for all lots on the Plan in order
to obtain Building Permits for each and every lot.
42
SCHEDULE "F"
n'
f~)~'1
f;. R
IF
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) 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 the first Building Permit for each
particular lot, unless altemative 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 By-Law 99-081 of the Township of Oro~
Medonte 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 By-law [#3203-00] of 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 By-law #3 (2000) of 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 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;
and in the case of the Simcoe County District School Board, the Superintendent of
Facility Services.
Please also be advised that development charge By-Laws may be enacted after the
date of this subdivision by the County of Simcoe or by a Public Utility Commission
pursuant to the Development Charges Act, 1997, which may impose a charge on the
development of the lands within the plan of subdivision;
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, may be
amended or superceded by subsequent By-Laws enacted in accordance with the
respective legislation.
43
SCHEDULE "G"
lit )'15
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) 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 easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
Block 71
Block 72
Block 73
Part 2
Part 1
Part 2
Part 3
Part 4
51M
51M
51M
51R-31656
51R-31650
51R-31650
51R-31650
51R-31650
8M Block
0.32M Reserve
0.30M Reserve
8M Block
0.30 Reserve
3.0M Road Widing
0.30 Reserve
3.0M Road Widing
2.0 STORM EASEMENTS
Block 68
Block 69
Part 1
51M
51M
51R
3.0M Storm Easement Lot 58
2.1 STORM EASEMENTS FROM HORSHOE VALLEY LANDS LTD
Part 1
Part 7
51R-30671 Storm Water Management Facility
51R-30671 Easement
3.0 SANITARY EASEMENT TO BE CONVEYED TO AWS CANADA CORP
Block 67
Block 70
Part 1
Part 2
51M
51M
51R-30671
51R-30671
44
.
, . ,
SCHEDULE "H"
/6 t)'/; _
TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
LANDSCAPES AT HORSESHOE VALLEY
DEVELOPER
LAUREL VIEW HOMES (HV) INC.
CONSULTING ENGINEER COLE, SHERMAN & ASSOCIATES LIMITED
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND
LAUREL VIEW HOMES (HV) INC.
The Developer(s) dated
1. The Developer hereby agrees and undertakes to complete the construction of the
Works as required by the above-mentioned Agreement in accordance with the
time schedule for the completion of services as approved by the Township
Engineer and more specifically in accordance with the following schedule and
conditions:
a) 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.
b) Granular "B" and Granular "A" on or before September 18, 2002
c) Grading, topsoiling and seeding of private blocks and parks on or before
October 15, 2004
d) Boulevard sodding on all roads on or before October 15, 2004
e) Hot asphalt on or before October 15, 2004
f) Planting of trees on or before October 15, 2004
2. The Developer further agrees that the Township is hereby authorized to carry
out, at his expense, any of the work set out in this Declaration not finished on or
before the completion dates, to be commenced not sooner than one week
following such completion date, it being understood and agreed that the
Township's authorization is limited only to that work required under the
Declaration;
3. The Developer undertakes to properly maintain the gravel road base at all times
and to keep all roads in a mud-free and dust-free condition until such times as
the roads, including boulevards, have been completed;
45
.
t ..!,.,.
4.
The Developer further agrees and the Township is hereby authorized to
undertake any of the maintenance work as set out under Item 3 hereof, not
completed by him within 24 hours after receipt of such request for maintenance,
at his expense, and without limiting the generality of the foregoing, the
Township's cost shall be the cost of materials, equipment rental, labour, payroll
burden, plus 20% for overhead;
"-
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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 Fifty Dollars
($50.00) 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.
DEVELOPER
Seal or Witness
Date
46
,.
, . .,
SCHEDULE "I"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND LAUREL VIEW HOMES (HV) INC.
GENERAL LOCATION AND LOT GRADING PLANS
PROCEDURE
After the General Location and Lot Grading Plan have been approved by the Township,
then:
a) six copies to be delivered to the solicitor for the Township.
b) six copies to be delivered to the Township.
c) Mylars for each Plan incorporated into the Subdivision Agreement shall be delivered
to the solicitor for the Township.
47
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PAGE: 1
INT'L TRADE CENTRE - ONTARIO
180 WELLINGTON ST W.,
9TH FLOOR,
TORONTO, ONTARIO, M5J lJ1
CANADA
~TE OF ISSUE: DECEMBER 20, 2002
OUR REFERENCE NUMBER:
P173752T07512
DATE OF EXPIRY: DECEMBER 19, 2003
PLACE OF EXPIRY: TORONTO, ONTARIO
ENEFICIARY:
HE CORPORATION OF THE TOWNSHIP OF
IRO-MEDONTE
1.0. BOX 100
IRO, ONTARIOLOL 2XO
APPLICANT:
LAUREL VIEW HOMES (HV) INC.
4001 CHESSWOOD DRIVE
TORONTO, ONTARIO
M3J 2R8
AMOUNT: CAD 474,904.72
FOUR HUNDRED SEVENTY FOUR THOUSAND NINE
HUNDRED FOUR AND 72/ J. 00 'S CANADIAN
DOLLARS
CRREVOCABLESTANDBY LETTER OF CREDIT NO. P173752T07512.
rm HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK. OF CANADA, INTERNATIONAL TRADE
:ENTRE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO, M5J lJl, FOR THE
r.\.CCOUNT OF LAUREL VIEW HOMES (HV) INC., UP TO AN AGGREGATE AMOUNT OF FOUR
fruNDRED SEVENTY FOUR THOUSAND NINE HUNDRED AND FOUR AND 72/J.00'S, CANADIAN
DOLLARS (CAD.474,904.72) AVAILABLE ON DEMAND.
PURSUANT TO THE REQUEST OF OUR CUSTOMER, THE SAID LAUREL VIEW HOMES (HV) INC.,
WE, ROYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180 WELLINGTON
STREET WEST , TORONTO, ONTARIO M5J 1J1, HEREBY ESTABLISH AND GIVE YOU AN
IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOUR IN THE TOTAL AMOUNT OF
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Royal Bank
P173752T07512
PAGE: 2
~.474,904. 72 WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME
?ON WRITTEN DEMAND FOR PAYMENT MADE UPON US BY YOU WHICH DEMAND WE SHALL HONOUR
[THOUT ENQUIRING WHETHER YOU HAVE A RIGHT AS BETWEEN YOURSELF AND OUR SAID
JSTOMER TO MAKE SUCH DEMAND, AND WITHOUT RECOGNIZING ANY CLAIM OF OUR SAID
JSTOMER OR OBJECTION BY THEM TO PAYMENT BY US.
~ SHALL BE BY WAY OFA LETTER SIGNED BY AN AUTHORIZED SIGNING OFFICER OF
iE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. THE ORIGINAL LETTER OF CREDIT
JST BE. PRESENTED TO US AT ROYAL BANK. OF CANADA, INTERNATIONAL TRADE
BNTRE....ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO MSJ 1J1. THE LETTER
[i'.. CREDIT, WE. UNDERSTAND, RELATES TO A SUBDIVISION AGREEMENT BETWEEN OUR SAID
crSTOMERAND. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE, RE: LAND
E:GISTRATION.
HE AMOUNT OF THIS STANDBY LETTER OF CREDIT MAY BE REDUCED FROM TIME TO TIME AS
DVISED BY NOTICE IN WRITING, GIVEN TO US BY AN AUTHORIZED SIGNING OFFICER OF
HE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE.
ARTIAL DRAWINGS ARE PERMITTED. WE HEREBY AGREE THAT PARTIAL DRAWINGS UNDER THIS
ETTER OF CREDIT WILL BE DULY HONOURED UPON DEMAND.
HIS LETTER OF CREDIT WILL CONTINUE IN FORCE FOR A PERIOD OF ONE YEAR, BUT SHALL
E SUBJECT TO THE CONDITION HEREINAFTER SET FORTH.
T IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED TO BE
.UTOMATICALLY EXTENDED WITHOUT AMENDMENT FROM YEAR TO YEAR, FROM THE PRESENT OR
.NY. FUTURE EXPIRATION DATE HEREOF, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO THE
'RESENT, OR ANY FUTURE EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY REGISTERED
~IL OR COURIER THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT TO BE
~NEWABLE FOR ANY ADDITIONAL PERIOD.
~XCEPT AS OTHERWISE EXPRESSLY STATED THIS CREDIT IS ISSUED SUBJECT TO UNIFORM
~STOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), ICC PUBLICATION
lO. 500.
~ ENGAGE TO HONOUR PRESENTATIONS SUBMITTED WITHIN THE TERMS AND CONDITIONS
[NDICATED ABOVE.
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A~~~ED SIGNATURE
THIS DOCUMENT CONSISTS OF 3
PJ.73752T075J.2
PAGE: 3
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OTHER SI 'TURE
PAGE(S) .
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-010
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWNSHIP OF ORO-MEDONTE
AND THE LAKE SIMCOE REGION CONSERVATION AUTHORITY
WHEREAS The Munidpal Act, 5.0. 2001, c.25, Section 130, authorizes the Council of a Municipality to
enact a by-law for entering into an agreement with respect to the health, safety and well-being Qf ~
inhabitants of the municipality; .
AND WHEREAS the Lake Simcoe Region Conservation Authority is to undertake groundwater monitoring
activities through the Provincial Groundwater Monitoring Network;
AND WHEREAS Council of the Corporation of the Township of Oro-Medonte deems it necessary to enter
into a Memorandum of Understanding with the Lake Simcoe Region Conservation Authority to construct a
monitoring well at the Township 'of Oro-Medonte Gravel Pit at Concession 8, Part Lot 11 (Une 7 North and
Old Barrie Road);
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Mayor and Clerk are hereby authorized to sign a memorandum of understanding
between the Corporation of the Township of Oro-Medonte and Lake Simcoe Region Conservation
Authority, said agreement attached hereto as Schedule 'A' and fonning part of this by-law.
2. THAT this by-law comes into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 5TH DAY OF FEBRUARY, 2003.
BY-LAW READ A THIRD AND FINAL TIME THIS
DAY OF
2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR, J. NEIL CRAIG
CLERK, MARILYN PENNYCOOK
SCJH2~ "Ii' 10 14t'/ouJdooJ-O'O
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MEMORANDUM OF UNDERSTANDING
Agreement made in duplicate this 3rd day of January, 2003.
BETWEEN:
The Township of Oro-Medonte
(Hereinafter referred to as the "Owner")
OF THE FIRST PART
- And -
Lake Simcoe Region Conservation Authority
(Hereinafter referred to as "LSRCA")
OF THE SECOND PART
Throughout this Agreement, the term "Parties" mean the Owner, and LSRCA.
WHEREAS the LSRCA is to undertakegrbimdwater monitoring activities (hereinafter
called the 'Works" described in Schedule Aattached) through the Provincial
Groundwater Monitoring Network on lands owned by the Owner, being the Township of
Oro-Medonte, municipal works yard, COil. '8;'PtLot 11. Township of Oro-Medonte, in the
Province of Ontario (hereinafter called the "Lands"').
AND WHEREAS the Owner and the LSRCA agree to the activities as outlined in
Schedule "A".
THEREFORE the Owner and the LSRCA further agree as follows:
TERM OF AGREEMENT
The Parties agree:
That this Agreement shall remain in force from the date of signing and may be
discontinued by a Party or the Parties acting under the PROVISIONS FOR
CANCELLATION section of this agreement.
That this Agreement may be amended from time to time by mutual written
agreement of the Parties.
That the equipment purchased and installed on the Lands shall remain in the
ownership of the LSRCA under terms agreed upon by the LSRCA, for the life of,
and after termination of this agreement.
PROVISIONS FOR CANCELLATION
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The Parties agree:
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That this Agreement may be cancelled unilaterally by either Party by providing
three (3) months notice in writing of the intention to cancel to the other Party or
by mutual agreement with any agreed period of notice.
OWNER OBLIGATIONS
1. The Owner grants to the LSRCA, permission to enter upon the Lands for Works
as outlined in Schedule 'A' attached to this agreement.
2. The Owner agrees not to remove or alter, in any way, the Works equipment
without prior consultation and approval of the LSRCA.
3. If there is any noticeable visible damage, pccidental or otherwise, to the Works,
the Owner will make reasonable efforts to notify the LSRCA provided the
damage comes to the actual attentio!1 of the Owner, but the Owner should not be
obligated to do so and shall notbe)iableforfailure to notify the LSRCA of such
damage.
4. Upon termination by the LSRCA or Owner and without extension of this
agreement, and upon removal of the monitoring equipment by the LSRCA, the
LSRCA will be responsible for the removal and abandonment of the well in
accordance with the Ontario Water Resources Act and Regulation 903.
LSRCA OBLIGATIONS
1. The LSRCA shall perform the work as outlined in Schedule A with due diligence
and care.
2. The LSRCA will make a reasonable.attempt to notify landowners before entering
the Lands for Works.
3. During the life of the program, the. LSRGA shall maintain the installed equipment
in accordance with the Ontario VYpt~!;tResources Act and Regulation 903.
4. Upon termination and without extension of this agreement, the LSRCA agrees to
remove and retain possession of the existing equipment installed through the
Works.
5. Upon request by the Owner, the LSRCA shall deliver to the Owner the water
quantity and/or water quality data collected from the Owner's well by the LSRCA
for the life of this agreement.
6. Should the LSRCA become aware of water quality concerns, such as water
sample analytical results from the program that are above the Ontario Drinking
Water Objectives (ODWO), during the term of the program, the LSRCA agrees to
provide the owner with written notification of the results.
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7. The LSRCA reserves the right to use the information generated by this program
for the management and protection of the province's water resources and human
health. All data shall be subject to disclosure as required under provincial
legislation.
INSURANCE AND INDEMNITY
i) During the entire term of this Agreement, the LSRCA agrees to obtain and
keep in force a general public liability insurance policy in at least the amount
of two million dollars ($2,000,000.00) of lawful money of Canada, that
protects the LSRCA and the employees of the LSRCA from all claims,
demands, actions, causes of action that may be taken or made against them
or any of them for any loss, damage or injury, including death, of any nature
or kind whatsoever that may arise through any act or omission or both
including negligent acts or omissions of the LSRCA or any employee or
employees of the LSRCA.
ii) The LSRCA agrees to protect, indemnify, keep indemnified and save
harmless the Owner from and against all claims, demands, costs, actions,
causes of action, expenses, legal fees whatsoever which may be taken or
made against them or any of them incurred or become payable by them or
any of them for any loss, damage or injury, including death, of any nature or
kind whatsoever arising out of or in consequence of any act, neglect or
omission of the LSRCA or any employee(s) or subcontractors of the LSRCA
in connection with the performance of this Agreement.
iii) The LSRCA agrees to protect, indemnify, keep indemnified and save
harmless its officers, servants and agents from and against all claims,
demands, costs, actions, causes bfaction, expenses, legal fees whatsoever
which may be taken or made against them or any of them incurred or become
payable by them or any of theiTlforany,loss, damage or injury, including
death, of any nature or kind whatsoever arising out of or in consequence of
any act, neglect or omissionoftheLSRCA or any employee(s) or
subcontractors of the LSRCA in connection with the performance of this
Agreement.
OCCUPATIONAL HAZARDS
i) The LSRCA shall take special note on site of inherent occupational hazards,
if any. The LSRCA shall be knowledgeable of, and abide by, the provisions of
all legislative enactment, by-laws and regulations in regard to health and
safety in the Province of Ontario including, without limitation, the Health and
Safety Act of Ontario.
ii) The LSRCA shall at all times have available a competent supervisor who is
authorized to act on the LSRCA's behalf, and who is to ensure that the work
and services are properly and safely carried out.
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COMPLY WITH THE LAWS
The LSRCA employees and representatives, if any, shall at all times comply with any
and all applicable federal, provincial and municipal laws, ordinances, statutes, rules,
regulations and orders, and all by-laws of all relevant local authorities.
SCHEDULES
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The Owner and the LSRCA agree that the provisions of Schedule A to this Agreement
form a part of this Agreement as if fully incorporated herein.
IN WITNESS WHEROF the parties hereto have executed this Agreement
Per: Lake Sim oe Region Conservation Authority
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SIGNED, SEALED AND DELIVERED
OWNER
Per: Township of Oro-Medonte
Witness as to execution
Marilyn Pennycook, Clerk
J. Neil Craig, Mayor
LSRCA
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SCHEDULE" /1:'
To the Agreement between the Owner and the LSRCA, all or some of the following
activities will be conducted as part of the Works by the LSRCA, their employees and
agents through the Provincial Groundwater Monitoring Network project:
1. Construct and finish a monitoringwell(s)in accordance with the Ontario Water
Resources Act and Regulation 903 and the Provincial Groundwater Monitoring
Network Construction Guidelines.
2. Perform any clean-up works necessary to ensure reasonable access to the
monitoring well and equipment including general well site clean up and removal
of obstructions to well access and to the well site access road.
3. Monitoring wells to be instrumented within the network require preparation prior
to instrumentation. General requirements for monitoring well refurbishment may
include a clean out, backwash, well head casing preparation and adjustment, and
that a pump test be carried out to determine hydraulic conditions according to
specifications outlined in Regulation 903 of the OWRA.
4. Installation of monitoring equipment including well caps, down well dataloggers
and associated cables, and telemetry equipment and enclosure box mounted on
a pole adjacent to, or mounted directty on the well casing, and connected to the
well casing by direct read cables. '
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5. Regular visits (4-12 times! annum)to 'the well site to collect water level
monitoring data and water quality samples. Site inspections and maintenance of
the installed monitoring equipment, and to perform any minor clean-up work
necessary to ensure on-going reasonable access to the well site will be also
done at this time.
6. Regular visits (4-6/ annum) to the well site to operate water well purge equipment
(pumps) prior to the collection of water quality samples from the well. These visits
will coincide with regular site visits.
7. Training of new LSRCA personnel to ensure that assigned staff is properly
trained in the operation and maintenance of the installed monitoring equipment.
8. An initial site visit to ensure that the Owner is given a briefing and documentation
of the equipment housed at the wel.1 site. Additional periodic visits can be
provided to the owner as required. ,
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-011
Being a By-law to Authorize the Execution of a Subdivision Amending Agreement
between The Corporation of the Township of Oro-Medonte and
BestPro 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 Lot 1-30, both
inclusive, and Blocks 31 to 44, both inclusive on Plan 51 M-723, Township of Ora-
Medonte, County of Simcoe.
AND WHEREAS the Township of Oro-Medonte and BestPro Corporation have entered
into a Subdivision Agreement dated the 26th day of June, 2002 and registered August 6,
2002 as Instrument No. SC44725 in respect to said lands;
AND WHEREAS the Ministry of the Environment has accepted the revisions to the
wording of the original Subdivision Agreement;
NOW THEREFORE the Council 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 Amending Agreement, a copy of which
is attached hereto and forms part of this By-law as Schedule 'A'.
2. That the Subdivision Amending Agreement, a copy of which is attached hereto
and forms part of this By-law as Schedule 'An, be registered on title against the
lands described therein;
3. That the Township of Oro-Medonte shall be entitled to enforce the provisions of
the Subdivision Amending Agreement against the owners and any and all
subsequent owners of the land;
3. That this By-Law shall come into force and take effect on the final passing
thereof.
By-Law read a first and second time this 5th day of February, 2003.
By-Law read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
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THIS SUBDMSION AMENDING AGREEMENT made as of the _ day of
January, 2003.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Township")
- and -
BESTPRO CORPORATION
(hereinafter called the "Developer")
WHEREAS:
A. The Developer and the Township have entered into a Subdivision Agreement
dated the 26th day of June, 2002 and registered August 6, 2002 as Instrument No.
SC44725 (the "Subdivision Agreement") in respect to the lands legally described
as Lots 1-30, both inclusive, and Blocks 31 to 44, both inclusive on Plan 51M-
723, Township ofOro-Medonte, County of Simcoe; and
B. The Developer and the Township wish to amend the Subdivision Agreement on
the tenus and conditions hereinafter set forth;
NOW THEREFORE TIllS AGREEMENT WITNESSETH THAT in consideration of the
sum of Two Dollars ($2.00) oflawful money of Canada (now paid by each party to the
other) and other good and valuable consideration (the receipt and sufficiency of which is
hereby acknowledged) the Developer and the Township hereby agree as follows:
1. Section 1.12 of the Subdivision Agreement is hereby deleted and replaced with
the following provision:
1.12 MINISTRY OF THE ENVIRONMENT
The Developer, and each individual lot owner, agrees to comply with the
requirements and recommendations of the hydrogeologist's report
prepared by Ian D. Wilson and Associates Limited dated October 2, 1990,
Addendum No. I dated March 29,1993, Addendum No.2 dated June 20,
1995, and Addendum No.3 dated July 5, 2002.
In addition, the Developer shall notify each prospective purchaser of a
lot(s) that:
(a) Wells should only be constructed into the water supplies
that had their quality confirmed through testing;
(b) Elevated Iron and Manganese concentrations are possible
in groundwater supplies and may require the use of in-
house treatment units to achieve aesthetically acceptable
levels ofIron and/or Manganese, should it be desired by the
resident.
2. All capitalized tenus not otherwise defined herein shall have the meanings
ascribed to them in the Subdivision Agreement.
.
.
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3. The parties hereto ratify and conftrm that all other terms of the Subdivision
Agreement remain the same and continue in full force and effect.
4. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original and all of which taken together shall be deemed
to constitute one and the same instrument. Counterparts may be executed either
in original or faxed form and the parties adopt any signatures received by a
receiving fax machine as original signatures of the parties; provided, however,
that any party providing its signature in such manner shall promptly forward to
the other party an original of the signed copy of this Agreement which was so
faxed.
5. This Agreement shall enure to the beneftt of and be binding on the parties hereto
and their respective permitted successors and assigns.
IN WITNESS WHEREOF the parties have duly executed this agreement as of the
date ftrst written above.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Name:
Title:
Name:
Title:
BESTPRO CORPORATION
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Name: pEi7.NIE ~T1L-\.
Title: f'ic:ES1J)E"r-/,
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Name: ,19?- !3l5/?ccJcf.::. /
Title: .~
IIW e have authority to bind the Corporation.
::ODMAIPCDOCSlDOCSI140138311