05 01 2002 Council Agenda
TOWNSHIP OF ORO-MEDONTE(,-I0
COUNCIL MEETING AGENDA " (' )
COUNCIL CHAMBERS v
DATE: WEDNESDAY, MAY 1,2002
TIME: 7:00 p.rn
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1. OPENING OF MEETING BY MAYOR
2. PRAYER
3. ADOPTION OF AGENDA
4. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
5. RECOGNITION OF ACHIEVEMENTS
a) Recognition to the Oro-Medonte log Sawing Team, Councillor Dickie and
Councillor Marshall at the Elmvale Maple Syrup Festival.
6. MINUTES OF PREVIOUS MEETINGS
a) Minutes of the Special Council meeting of Wednesday, April 17, 2002.
b) Minutes of the Regular Council meeting of Wednesday, April 17, 2002.
1..............................................................................
7. CONSENT AGENDA CORRESPONDENCE:
a) lake Simcoe Regional Airport Commission, minutes of March 21,2002 meeting.
b) Township of Springwater, correspondence re: Permits to Take Water Process.
c) Town of The Blue Mountains, correspondence re: Permits to Take Water Process.
d) Girl Guides of Canada, correspondence re: donation of Guiding Lily bulbs.
e) Simcoe County District School Board, 2001 Annual Report.
A copy of the 2001 Annual Report is available in the Clerk's office for review.
f) lake Simcoe Region Conservation Authority, minutes of March 22, 2002 meeting.
g) Orillia Public Library Board, minutes of March 27, 2002 meeting.
h) Garfield Dunlop, MPP, Simcoe North, correspondence re: commuter rail service to
South Simcoe.
ADDENDUM
COUNCIL MEETING
May 1. 2002
10. COMMUNICATIONS:
c) Correspondence from Mr. Bob Birnie, Chair, Oro-Medonte Lake Country
RailTrail Advisory Committee, dated April 25, 2002.
..-- Simcoe County District School Board
~ 1170Highway26
Midhurst, Ontario LOL 1XO
Phone: (705) 728-7570
Fax: (705) 728-2265
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April 8, 2002
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Deputy Mayor Neil Craig
Township of Oro-Medonte
PO Box 100
Oro, Ontario
LOL 2XO
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Dear Deputy Mayor Neil Craig
I am pleased to provide you with a copy of the 2001 Annual Report for the Simcoe
County District School Board. The contents are organized according to our system goals
in the areas of student achievement, quality teaching, leadership and staff development,
and safe, supportive environments.
As you will read, our students and staff have made great strides during 2001 and have
achieved outstanding accomplishments. Their success reflects the SCDSB's commitment
to developing positive centres oflearning throughout our large area and helping each of
our 55,000 students excel. We continue to build on this positive momentum while dealing
with ongoing funding challenges and ever-increasing accountability expectations.
I invite you to review and share our system-wide progress and achievements for 2001.
For your reference, copies of this report are being sent to our school council chairpersons,
our schools, the media and targeted community representatives. Parents and community
members can also receive a copy of this report by calling our Communications Office at
(705) 734-6363 extension 368.
Sincerely
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Sharon Bate
Director of Education
LAKE SIMCOE REGION CONSERVATION AUTHORITY
MEETING NO. BOO-03-02
Fridc,ty, March 22nd, 2002 - 9:00 a.m.
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East Gwillimbury Municipal Offices
Holland Landing Room
19000 Leslie Street
Sharon, ON
MINUTES
MEMBERS:
R. Bridge - Chair
Deputy Mayor S. Para, Vice-Chair
Councillor L. Corrigan
J.O. Dales
Councillor M. Jordan
Councillor G. Lamb
Councillor H. Lodwick
Councillor P. Marshall
Cou ncillor W. T eel
Deputy Mayor J. West
ST AFF:
D. G. Wood, C.A.O.lSecretary-Treasurer
S. Hanson, Director, Corporate Services
A. Leach, Director, Conservation Land
Management
R. Vos, Director, Watershed Management
G. Casey, Recording Secretary
REGRETS:
Alderman A. Eadie
Councillor V. Hackson
Mayor J. Holec
Councillor S. Pliakes
G.R. Richardson
Councillor N. Snutch ,
Deputy Mayor H. Vander Kooij
DEPUTATION:
Mr. Robert Correll, KPMG - Auditor
HEARING:
Mr. & Mrs. Mozsgay
Chair Bridge requested a moment of silence in honour of Mayor Ian Beard, Township of
Oro-Medonte, who passed away on March 1 SI; 2002.
Boerd of Directors' Meeting BOD-03-02
Minutes
1C'Y
March 22nd, 2002 '
1. Disclosure of Pecuniary Interest & the General Nature Thereof
There were no declarations of conflict of interest at this meeting.
2. Minutes
Board of Directors
Minutes of the Board of Directors Meeting No. BOD-02-02, held on February 22nd,
2002.
Moved by
Seconded by:
Harold Lodwick
Susan Para
BOD-02-34
RESOLVED THAT the Minutes ofthe Board of
Directors Meeting No. BOD-02-02, held on
February 22nd, 2002, be adopted.
3. Adoption of Aqenda
Chair Bridge addressed agenda item 11 (a), which will be dealt with in "Closed
Session" and asked the Members if they wished this item be brought forward in the
Agenda based on comments made at previous meetings that such items be dealt
with earlier in the agenda. The Board Members agreed that the legal issues will be
dealt with following item 6 (a) of the agenda in "Closed Session".
Moved by:
Seconded by:
Harold Lodwick
Susan Para
BOD-02-35
RESO L VED THAT the Agenda of the Board of
Directors' Meeting No. BOD-03-02 be
, adopted, as amended to move item #11 (a) to
be considered after item #6 (a) of the agenda.
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E1(kJrd (,1 Directors' tvleeling 80D-03-02
Minutes
March 22"', 2002 i~ 0
4. Announcements
The Chair announced that substantial provincial capital funding would be
forthcoming in 2002. Details will be outlined once the appropriate Minister
announces the program.
5. Deputations
.
(a) 2001 Auditors Report and Report on Reserves
Mr. Robert Correll, Senior Partner, KPMG, presented the Authority's finan"cial
statement for the period ending December 31 st, 2001. Mr. Correll advised the Board
that the financials present fairly and no significant differences were presented
during the audit. The Auditor complimented staff in relation to the audit.
The Director of Corporate Services presented Staff Report No. 13-02-BOD, Report
on Reserves.
Moved by:
Seconded by:
Susan Para
Margaret Jordan
BOD-02-36
RESOLVED THAT Staff Report No. 13-02-BOD
on the 2001 Audit and Report on Reserves be
approved; and
FURTHER RESOLVED that the 2001 Financial
Statements be adopted as presented.
6. Hearings Under Section 28 of the Conservation Authorities Act
(a) Mr. & Mrs. John Mozsgay
Chair Bridge read the opening remarks and the procedure for Hearings under
Section 28 of the Conservation Authorities Act.
On behalf of the Authority, the Director of Watershed Planning presented staff
information which included Staff Report No. 14-02-BOD.
Mr. and Mrs. Mozsgay made their presentation to the Board.
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March 220d, 2002
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Board of Directors' Meeting BOO-03-02
Minutes
Following a series of questions and answers it was suggested that the decision be
deferred pending a site visit by the Board of Directors.
Moved by:
Seconded by:
BOD-02-37
Larry Corrigan
Gary Lamb
RESOLVED THAT the Mozsgay application
decision be deferred pending further
information regarding the property and a
Board site inspection of the property.
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This motion was defeated.-
Moved by:
Seconded by:
BOD-02-38
John West
Margaret Jordan
THAT approval be granted to Mr. John
Mozsgay, 972 Ferrier Avenue, Town of
Innisfil, to construct a garage on Lots 36 &
37, Plan M-15 Town of Innisfil, subject to the
following conditions:
1) That the applicant submit plans
showing a revised location for the
proposed garage so that it is located in
the flood shadow of the existing
house.
2) That all, electrical fixtures and
equipment must be located above the
Regional Storm flood elevation of
734.7 feet above sea level.
This motion was carried.
11. (a) Outstanding Legal Issues - Update
At the request of the Board of Directors this item has been moved forward in the ...
Agenda.
Board of Directors' Meeting BOD-03-02
Minutes
March 22nd, 2002
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Moved by:
Seconded by:
800-02-39
Moved by:
Seconded by:
800-02-40
Moved by:
Seconded by:
800-02-41
Larry Corrigan
Gary Lamb
RESOLVED THAT the Board of Directors
move into "Closed Session" to deal with
legal matters under New Business of the
Agenda.
Gary Lamb
John West
RESOLVED THAT the Board of Directors rise
from "Closed Session" and report their
progress.
John West
Paul Marshall
RESOLVED THAT Confidential Staff Report
No. 21-02-BOD regarding outstanding legal
issues be received for information; and
THAT the Board direct staff to prepare legal
reports twice annually.
7. Fill, Construction & Alteration to Waterways Applications
Moved by:
Seconded by:
800-02-42
Larry Corrigan
Harold Lodwick
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.
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Board of Directors' Meeting BOD-03-02
Minutes
March 22nd, 2002
8. Correspondence
Moved by :
Seconded by:
BOO-02-43
Harold Lodwick
Susan Para
RESOLVED THAT the correspondence listed
in the March 22nd, 2002, agenda be received
for information.
9. Monthly Communications Update
Moved by:
Seconded by:
BOO-02-44
10. New Business
Harold Lodwick
Larry Corrigan
RESOLVED THAT the Monthly
Communications update, dated January 1 5tto
February 28th, 2002, be received for
information.
a) Proposed Jurisdictional Expansion - Barrie and Orillia
The CAO presented Staff Report No. 15-02-BOO and requested authorization from
the Board for staff to develop proposals for presentations to the City of Barrie and
the City of Orillia. The presentations will be brought before the Board prior to being
presented to Barrie and Orillia.
Moved by:
Seconded by:
BOO-02-45
Harold Lodwick
Margaret Jordan
RESOLVED THAT Staff Report No. 15-02-B 00
on the proposed jurisdictional expansion -
Barrie and Orillia be received for informati on.
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Board of Directors' Meeting BOD-03-02
Minutes
March 22M, 2002 1~,1
b) Landowners Environmental Assistance Program
Proposed Increase in Funding for Septic System Grants
The Director of Watershed Planning presented Staff Report No. 16-02-BOO
regarding a proposed increase in funding for the upgrading of septic systems.
Moved by:
Seconded by:
BOO-02-46
Susan Para
Margaret Jordan
RESOLVED THAT Staff Report No. 16-02-BOD
regarding the proposed increase to the
funding ceiling for septic system grants to a
maximum of $6,500 be approved to match the
Healthy Futures funding.
c) Lease Agreement - Willow Beach Conservation Area
The Director of Conservation Land Management spoke to Staff Report No. 17-02-
BOD regarding the Lease Agreement for the transfer of operation of the Willow
Beach Conservation Area to the Town of Georgina.
Moved by:
Seconded by:
BOO-02-47
Margaret Jordan
Gary Lamb
RESOLVED THA TStaff Report No. 17 -02-BOD
regarding the final draft Lease Agreement for
the transfer of operation of Willow Beach
Conservation Area to the Town of Georgina
be received; and
THAT the Lease Agreement be forwarded to
the Town of Georgina for appropriate
signatures; and FURTHER THAT the
appropriate Authority officials be authorized
and directed to sign the Lease Agreement to
give effect thereto.
Board of Directors' Meeting BOD-03-02
Minutes
March 22nd, 2002
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d) Ma,naqement Agreement - Mabel Davis Conservation Area
The Director of Conservation Land Management presented Staff Report No. 18-02-
BOD and requested approval from the Board to have Authority staff work with the
T own of Newmarket to draft an agreement.
Moved by:
Seconded by:
BOO-02-48
Larry Corrigan
Margaret Jordan
RESOLVED THAT Staff Report 18-02-800
regarding a Management Agreement for the
Mabel Davis Conservation Area be received
for information; and
THAT staff be directed to work with the Town
of Newmarket to draft an Agreement; and
FURTHER THAT the A~reementbe forwarded
to the Authority's solicitor for review prior to
forwarding to the Board of Directors for their
approval.
(e) Flood Plain Management
One Zone vs Two Zone Concept
The Director of Watershed Management presented Staff Report No. 19-02-BOD
regarding the policy on flood plain management.
Moved by:
Seconded by:
BOD-02-49
Margaret Jordan
John West
RESOLVED That Staff Report No. 19-02-BOD
regarding Flood Plain Management be
received for information.
(f) Appointments to the Lake Simcoe Region Conservation Foundation
The CAO presented Staff Report No. 20-02-BOO regarding the 2002 appointments
to the Lake Simcoe Region Conservation Foundation. Under the Letters Patent for
the Foundation, new appointments must be approved by this Board.
Board of Directors' Meeting 80D-03-02
Minutes
March 220d, 2002
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The CAO reviewed the new appointees as outlined in the staff report providing a
brief background and introduction for each one. The CAO further advised that these
new appointments are very exciting for the Foundation and that the Foundation
Board now has representation from around the Lake.
Moved by:
Seconded by:
Susan Para
Gary Lamb
BOO-02-50
RESOL VEO That Staff Report No. 20-02-800
regarding appointments to the Lake Simcoe
Region Conservation Foundation be received
and approved.
.
11. (a) Outstandinq Legal Issues - Update
This item was moved forward and can be found after item 6(a) in these minutes.
(b) Thane Aluminum Smelter Property - Town of Georgina
The Board requested an update on the Thane Aluminum Smelter Property which
is in the Town of Georgina. Councillor Margaret Jordan provided an update on this
matter and further advised the Board that the Town of Georgina is holding a public
meeting on Monday, March 25th, 2002, in cooperation with the Ministry of the
Environment and the Region of York Health Department to update residents on this
issue.
The Board requested that a letter be sent to the Town of Georgina indicating that
the Authority supports their efforts in working towards the cleaning of this property
and are of the opinion that the continuance of this situation is potentially
undermining the Authority's efforts to clean up Lake Simcoe.
Moved by:
Seconded by:
Harold Lodwick
Margaret Jordan
BOD-02-51
RESOLVED THAT the Authority register its
concerns regarding the Thane' Smelter
Property in the Town of Georgina as it
potentially undermines the efforts of the
Authority to clean up Lake Simcoe.
H:\GCFiles\BOD Minutes & Agenda 2002\lvJarch 2002\Minutes BOD 03-02.wpd
Board of Directors' Meeting BOO-03-02
Minutes
~~p
March 22od, 2002
~
Adiourn
Chair Bridge thanked all members for attending the meeting in light of the inclement
weather.
Moved by: Harold Lodwick
The meeting adjourned at 11 :25 a.m.
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Roy Bridge
Chair
D. Gayle Wood
Chief Administrative Officer/
Secretary Treasurer
H:\C;CFiles\BOD fv1inutes & Agenda 2002\March 2002\Minutes BOD 03-02.wpd
MINUTES
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ORILLIA PUBLIC LIBRARY BOARD
MARCH 27, 2002
A regular meeting of the library board was held in the Children's Services Department of
the Library commencing at 7:12 p.m. fol1owing the annual meeting.
PRESENT - BOARD - C. Dowd, Chair; J. Swartz, Vice-Chair; A. M. Alexander;
R. Fountain; J. Francis; M. Hill; F. Kreisz; K. McLaughlin;
B. Stanton
- STAFF - M. Saddy, Chief Executive Officer
S. Campbel1, Director of Children's & Audiovisual Services
1. Gibbon, Director of Information Services
T. Chatten, Recorder
AGENDA
MOTION #2002:13
Moved by J. Francis, seconded by B. Stanton that the agenda of the March 27, 2002
meeting be approved. CARRIED
DISCLOSURE OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF-None
MINUTES
MOTION #2002:14
Moved by M. Hi11, seconded by K. McLaughlin that the minutes of the February 27,
2002 meeting be adopted. CARRIED
BUSINESS ARISING FROM THE MINlITES
It was suggested that the Friends of the Library be consulted regarding a link from the
Library's homepage prior to implementing this as recommended at the last meeting of
the Board. B. Stanton inquired about the interaction between the Library Board and the
Friends of the Library.
DISCUSSION WITH REPRESENTATIVES OF CONTRACTING MUNICIPALITIES
R. Fountain noted that a new book on Medonte Township is being written with a copy to
be given to the Library upon its publication.
B. Stanton commented on the increased pressure for funding as the township operates a
library in Coldwater and supports the Orima Public Library.
REPORT OF BOARD REPRESENATIVE TO SOLS
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The next SOLS meeting is scheduled for April 24 which is the same night as the Library
Board meeting. C. Dowd contacted SOLS to explain our situation with the new meeting
schedule and was infonned that it will be-discussed at the next meeting. SOLS now
meets only three times per year and depending on the next meeting agenda Cathy will
try to attend the SOLS meeting.
REPORT OF FRIENDS OF THE LIBRARY
Planning for the fundraising Art Auction to be held at the Trillium Manor Hillcrest Hall
on Saturday May 11, 2002 was the main topic of discussion at the last meeting of the
Friends. It was suggested that the Library's homepage could advertise this event. Jayne
Turvey the new volunteer coordinator was introduced to those present, and Jayne and
Friends President Evelyn Johnston will meet to discuss ways to coordinate the efforts of
the Library and the Friends. The Friends were very pleased to hear of the board motion
of thanks for their efforts. M. Saddy also mentioned a donation of a dollhouse to be
used for fundraising as well. Board members discussed the possibility of attending the
Friends meetings on a rotating basis to enhance communication between the two
groups.
MANAGERS REPORTS
M. Saddy invited all present to the upcoming Volunteer Luncheon on Monday April 22.
He also reported that Sunday opening ideas are being reviewed. As this is not scheduled
to begin until September, it was agreed that the extra time should be taken to
thoroughly review an staffing options. It is hoped that a solution can be reported to City
Council by June.
S. Campbell reports that one of the highlights of the March Break programs was the
return of Seymour the Snake to the Children's Department. She also reports that CD-
ROMs have now been added to circulation and that they are very popular and rarely in.
L. Gibbon reports that Jayne Turvey has been updating the volunteer list and meeting
with as many volunt~ers as possible. Fred Marlow has created a list of links to Orillia
businesses which can be added to as people want their business to be added by
contacting the Library. Lynne plans to write a newspaper article to promote this. The
Library has received a considerable amount of publicity from recent newspaper articles.
MOTION #2002:15
Moved by A. M. Alexander, seconded by F. Kreisz that the manager's reports for
February 2002 be accepted and filed. CARRIED
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REPORTS OF BOARD COMMIITEES AND REPRESENTATIVES ~.o.<
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Personnel - K. McLaughlin declared a conflict of interest and declined to discuss o:tvote 'J
on this matter.
MOTION #2002:16
Moved by J. Swartz, seconded by R. Fountain that the staff of the Ori11ia Public Library
be given a cost of living increase of 2.25% retroactive to January 1, 2002 based upon
approval of the 2002 library budget. CARRlED
Building Steering - The next committee meeting is to be held Thursday March 28 at the
Opera House to meet with members of other groups in the Market Block.
Strategic Planning - Minutes of the meeting held Thursday March 21 were distributed.
The next meeting is scheduled for April 18 at 7:30 p.m. at the Library.
NEW BUSINESS
Committee Changes - Mter some discussion it was decided that committees would
remain the same with the addition of new board member Frank Kreisz to the
Community Relations Committee. Board members all agreed that they would be willing
to help out as needed on any other committee if they were inactive on their current
committee.
Adjournment at 8:20 p.m. moved by J. Swartz.
BOARD CHAIR
CHIEF EXECUTIVE OFFICER
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Constituency OfflCes~ '
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P.O. Box 2320
Orillia, Ontario l3V 6S2
Tel. (705) 326-3246
1-800-304.7341
Fax (70S) 326-9579
o 482 Elizabeth Street
Midland, Ontario l4R lZ8
Tel. (705) 526-8671
Fax. (705) 526-8600
~days: 9 am - 1 pm
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Ontario
LEGISLATIVE ASSEMBLY
GARFIELD DUNLOP, M.P.P.
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Simcoe North
April 11, 2002
Mr. Neil Craig
Acting Mayor
Township of Springwater
County of Simcoe Administration Centre
Midhurst, Ontario LOL lXO
Dear Mr. Craig:
Thank you for your letter of March 27, 2002, regarding
support for commuter rail service to South Simcoe.
I appreciate being advised of the motion passed by your Council
recently, in support of The City of Barrie's efforts to extend GO
Train service to Barrie.
Garfield Dunlop, MPP
SIMCOE NORTH
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o MAIUNG ADDRESS: Garfield Dunlop, M.P.P., 22nd A. Mowat Block, 900 Bay St, Toronto. ON M7A 112 Fax (416) 325-9035
E-mail: garfaeld_dunlop@ontla.ola.org, Website: www.garfaelddunlopmpp.com
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THE CORPORATION OF THE
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148 Line 7 S., Box 100
Ora. Ontario LOL 2XO
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Phone (70S) 487-2171
Fax (705) 487-0133
www.rownship.oro-medonte.on.ca
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March 27, 2002
City of Barrie
P. O. Box 400
70 Collier Street
Barrie, ON
L4M 4T5
Attention: Mayor Jim Perri
Reference: Support for Commuter Rail Service to South Simcoe
Dear Mr. Perri:
The Council of the Township of Oro-Medonte passed the following motion at the
Council meeting of March 20, 2002 with respect to the above-noted matter:
"Be it resolved that the correspondence fram the City of Barrie re:
support for commuter rail service to South Simcoe be received and
that the Township of Oro-Medonte recognize the need for commuter
rail service to the South Simcoe area, and that the Township of
Ora-Medonte support the initiative of the City of Barrie for the
extension of commuter rail service to Barrie, and that this support
be expressed to the Minister of Transportation and the local MPP."
We trust the above is self-explanatory; however, should you require further
assistance in this regard, please contact the undersigned.
Yours truly,
p.~~
J. Neil Craig
Acting Mayor
Idrw
C.c. Garfield Dunlop, MPP Simcoe North
Hon. Brad Clark, Minister of Transportation
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CITY HALL
70 Collier Street
TEL. (705) 739-4200
FAX. (705) 739-4244
P.O. BOX 400
BARRIE. ONTARIO
L4M 4T5
mayor@city.barrie.on.ca
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OFFICE OF THE MAYOR
March 1. 2002
Deputy Mayor Neil Craig
Township of Oro-Medonte
Box 100
Oro, ON
LOL 2XO
Dear Deputy Mayor Craig:
Re: Support for Commuter Rail Service to South Simcoe
In October 2001, a Business Case study was completed indicating the feasibility of extending GO Train service
to Barrie, based on 'the extension of the current Bradford-Toronto GO Train service. This study was led by the
City of Barrie with the financial support of the Towns of Essa, New Tecumseth. and Innisfil, and the Township
of Oro-Medonte.
As you may be aware, the City of Barrie has recently submitted an Expression of Interest for Phase 1 funding
consideration for the extension of commuter rail service to Barrie, based on the Business Case report. This
application was made under the province's Golden Horseshoe Transit Investment Partnership (GTIP) program.
At a recent meeting of Central Simcoe Mayors, I raised the issue of GO Transit and commuter rail possibilities
for our area, and recommended that area municipalities and the County pass resolutions regarding the need for
rail service to the South Simcoe Area.
Attached is a suggested resolution for your council to consider. A strong show of support on the part of our
area municipal Councils will enhance the profile of our application, and if successful, the return of commuter
rail service iO ihis area will have wide ranging benefits to all of the citizens of our area.
I trust this is satisfactory and invite you to call if you have any questions or require further information. We
look forward to your support.
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Mayor Coutts, Township of Springwater
Mayor Davis, Township of Essa
Mayor Jackson, Town ofInnisfil
Warden Dr. Garry, County of Simcoe
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"The People Are The City"
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Proposed Resolution:
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1. "That the Township of Oro-Medonte recognizes the need for commuter rail-service to the
South Simcoe area;
2. That the Township of Oro-Medonte strongly supports the Golden Horseshoe Transit
Investment Program application submitted by the City of Barrie: and
3. That the Township of Oro-Medonte express this support to the province, through the
Minister of Transportation and our local Member of Provincial Parliament.
"The People Are The City"
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O.PP.
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Barrie Detachment
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20 Rose Street
BARRIE, Ontario
L4M 2T2
Ontario ProvinCial Police
(Phone) 705-726-6484 (Fax) 705-726-6487
April 23, 2002
File Reference: 100
Mayor Neil Craig
Oro-Medonte Township
148 Line 7 South, Box 100
Oro, Ontario
LOL 2XO
Mayor Craig and Council:
I om pleased to present Council with copies of the Barrie Detachment 2002 Business Plan.
In the very near future, I will arrange to attend Council to go over the first quarter results.
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S/Sgt L. Hassberger
Barrie Detachment
LH/ys
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REPORT
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DEPT. REPORT TO: Council PREPARED BY:
#ES2002-31 Keith Mathieson
--.~~ -,_.- ---SUBJEGT-& FILE #: ---- DEPARTMENT:
COUNCIL:
Horseshoe Valley Lands Public Works
Ltd. - Subdivision Agreement
C.OFW.
MOTION #: DATE:
DATE: April 25, 2002
The Horseshoe Valley Lands Ltd. development consists of thirteen (13) residential lots located on
Highland Drive, within the existing Horseshoe Highlands development.
Horseshoe Valley Lands Ltd. have met all draft plan conditions and at this time, would like to enter
into a Subdivision Agreement with the Township.
The Developer has provided the Township with the required securities with respect to parkland.
The required Letter of Credit has not been posted as of April 25, 2002. The Developer is requesting
Council to consider the Subdivision Agreement at this time and that the Agreement be signed by the
Mayor and Clerk upon receipt of the Letter of Credit.
The final submission of the Engineering Drawings are presently being prepared by the Developer's
Engineer and the date of acceptance by the Township Engineer will be inserted in Schedule "C", prior
to the Township signing the Agreement.
1. THAT Council receives and adopts this report.
2. THAT the Developer provides the Township with the required Letter of Credit in the amount of
$77,426.60, prior to the Subdivision Agreement being signed by the Mayor and Clerk.
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3. THAT the Developer provides the Township with an approved set of Engineering Drawings, prior
to the Subdivision Agreement being signed by the Mayor and Clerk.
4. THAT the Township of Oro-Medonte enters into a Subdivision Agreement with Horseshoe Valley
Lands Ltd. upon completion of Items II and III.
5. THAT the Clerk prepares a By-law for Council's consideration.
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Keith Mathieson
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SUBDIVISION AGREEMENT
- between -
HORSESHOE VALLEY LANDS LTD.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
DESCRIPTION OF LANDS
Firstlv: Part of ParceI1-S, Section 51-0ro-4,
Being Part of Lot 2, Concession 4, Designated as.
Parts 5, 6, 7 and 16 on Plan 51R-307S0, Township of
Oro-Medonte (Formerly Township of Oro)
Second Iv: Part of Parcel 1-21, Section 51-0ro-3,
Being Part of Lots 1 and 2, Concession 4, Designated as
Parts 2, S, 10, 13, 14, 1S, 19 and 20 on Plan 51R-307S0,
Township of Oro-Medonte (Formerly Township of Oro)
ALL IN THE COUNTY OF SIMCOE
SUBJECT TO AN EASEMENT,
AS SET OUT IN #327069
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April, 2002
By-Law No.
/public works/2002 subdivision agreements/standard subdivision agreement
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TOWNSHIP OF ORO-MEDONTE
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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" - Parkland
Schedule "I" Declaration of Progress and Completion
Schedule "J" General Location and Lot Grading Plans
Schedule "K" - Standard Township Letter of Credit
2
TOWNSHIP OF ORO-MEDONTE
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THIS AGREEMENT made as of the
day of
,2002.
BETWEEN:
HORSESHOE VAllEY lANDS lTD.
(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-20011) has been issued for the
proposed subdivision, which requires that the Developer must satisfy all the
requirements financial and otherwise of the Township, inciudingthe 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
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I.
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
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.
LAYER/LEVEL PLAN OF SUB
LINE TYPE CONTINUOUS
COLOUR YELLOW (2)
The text, which describes the property lot numbers for the Plan of
Subdivision, will be isolated on a unique layer/level. The lot number
will be inserted as descriptive text.
LAYER/LEVEL PL L T TEXT
FONT MONOTEXT
COLOUR YELLOW (2)
The digital files should contain enough site data as to allow for
horizontal and vertical positioning within the existing base mapping.
A minimum of two road intersections located outside the Plan of
Subdivision must be shown in the drawing.
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
Site Plan and 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 Site Plan and
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:
Horseshoe Valley Lands Ltd.
ATTENTION: Mr. Martin Kimble
(705) 835-5578
Or by Facsimile Transmission to: (705) 835-2149
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.
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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 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 BELL CANADA
Prior to the Township releasing this proposed Plan for registration, the Developer
shall provide the Township with a letter from the Hydro supplier and fwm Bell
Canada, stating that the Developer has entered into a satisfactory agreement
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 Ontario Hydro and/or Bell
Canada, 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 transported to/accommodated in
temporary facilities out of the neighbourhood school's 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 mailbo(<es by
Canada Post.
1.12 WARNING TO PROSPECTIVE LOT DEVELOPERS
The Developer shall provide copies of Clauses 1.1.11, 1.1.12 & Note of 1.1, 1.10,
1.11,5.5,5.7.2,5.7.3,7.3,7.9,7.16,8.1,8.1.1,8.2, 8.3, 8.4, 8.5, 9.8 and
Schedule "F", to each prospective purchaser of a lot(s).
7
1.13 SAVE HARMLESS
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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.
1.14 ENUREMENT
This Agreement shall endure to the benefit of and be binding upon the parties and
their heirs, executors, administrators, successors and assigns.
8
PART - 2
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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 Drainage and Erosion Control Study prepared by
URS Cole Sherman dated October 17, 2001, and Slope Stability
Assessment prepared by Terraprobe Consulting Geotechnical and
Environmental Engineering dated September, 2001, Draft Plan 51 M-
prepared by Dino R. S. Astri, O.L.S., limit, edges, slopes, contours and
structural envelope.
2.4.3 All Plans and Specifications submitted to and accepted by:
2.4.3.1 Township of Oro-Medonte sewage approval authority, or
subsequent approval authority
2.4.4 All applicable Township By-Laws, including any applicable Site Plan
Control By-Laws.
2.4.5 All applicable Provincial and Federal Legislation and also including the
Federal Fisheries Act.
2.5 RELIANCE UPON REPRESENTATIONS
The Developer acknowledges that:
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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 thosB
representations.
9
2.6 SCHEDULES ATTACHED
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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"
Schedule UK" -
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
Parkland
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.
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10
PART - 3
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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 "0", "F" and "H".
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 Hydro - 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
3.1.11 Ministry etc. Approvals - obtain and file with the Township, confirmation
approvals from the following:
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3.1.11.1 Township of Oro-Medonte sewage approval authority, or
subsequent approval authority
3.1.11.2 Simcoe County District School Board
3.1.11.3 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.
]2
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 and water servicing plan.
4.1.3 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.
4.1.4 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 4.1.6.
4.1.5 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
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. 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
13
Plan for approval by the Township Engineer. 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. The Developer agrees to maintain all
erosion and siltation control devices in good repair during construction.
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4.1.6 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
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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14
PART - 5
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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 (10,000.00) upon submitting a Plan to the Township
for consideration to be applied to account of such costs. As accounts are
received from the Township Planner, lawyer and 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 (5,000.00), or less, and the
Developer does not pay the accounts within thirty (30) days, it is hereby
understood and agreed that the Developer would be in default of this Agreement
and the Township may, without notice, invoke default provisions as set out in this
Agreement.
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 hydro 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.
15
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, education 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 uK" 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.
16
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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 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
17
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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 returned.
5.7.3 Preservation of Existing Trees Outside Driveway and Building Envelopes-
The applicant for the Building Permit, either the Developer or subsequent lot
owner, shall deposit with the Township at a rate applicable at the time of the
issuance of Building Permits, securities to ensure the preservation of
existing trees outside the building envelope and driveway location, as shown
on Plan SS-1, prepared by URS Cole Sherman, and stipulated on their Site
Plan. This security deposit will be returned one (1) year from the date final
occupancy is achieved and certified by the Township that existing trees
outside the building envelope and driveway location have been preserved.
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.
,i.
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;
18
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c) shall not have an exclusion pertaining to blasting, provided that any '-\D,
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.
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
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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.
,i.
20
PART-7
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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 two (2) 2.4 metre, or taller, hardwood trees 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 trees must be
satisfactory to the Township.
7.3.3 In addition, the Developer shall plant trees with the above specifications at
15 metre intervals around the perimeter of the park, in areas where there
is not a sufficient growth of trees.
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 removeq, 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 burning 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.
22
7.10 INSPECTION OF CONSTRUCTION OF SERVICES
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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 "I", 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.
23
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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 hydro and street lighting, sewer system, 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 (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.
24
7.16 DRAINAGE AND LOT GRADING
(~i\
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 SS-1 prepared by URS Cole
Sherman, and approved by the Township Engineer and the Township of Oro-
Medonte sewage approval authority, or subsequent approval authority. 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 SS-1 prepared
by URS Cole Sherman, and approved by the Township Engineer and the
Township of Oro-Medonte sewage approval authority, or subsequent approval
authority.
.;,
7.17 PARKLAND WORKS
All parkland works indicated on the Park Development Plan are to be constructed
in accordance with Section 14 - Park Requirements of the Township of Oro-
Medonte Engineering Standards and Drawings.
The parkland must be completed to the satisfaction of the Township prior to the
issuance of 25% of the total Building Permits allowed in the subdivision.
25
7.18 DEFINITIONS
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For the purposes of this Subdivision Agreement:
(i) The term "Underground Services" shall mean the storm drainage works
(including culverts, storm sewer, detention pond and waterworks),
underground electrical distribution system, and street lighting serving the
Plan of Subdivision, as more particularly described in Schedule "C" to this
Subdivision Agreement.
(ii) The term "Certificate of Substantial Completion and Acceptance
(Underground Services)" shall mean a Certificate issued by the Township
upon the recommendation of the Township Engineer confirming that the
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
(Underground Services) shall not constitute an assumption of the
Underground Services by the Township.
(iii) The term "Certificate of Maintenance and Final Acceptance (Underground
Services)" shall mean a Certificate issued by the Township upon the
recommendation of the Township Engineer confirming that the 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 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.
..c_
(vii) The term "Certificate of Substantial Completion and Acceptance" means a
Certificate of Substantial Completion and Acceptance (Underground
Services) or a Certificate of Substantial Completion and Acceptance
(Aboveground Services), as the provisions of this Subdivision Agreement
require.
26
(viii) The term "Certificate of Maintenance and Final Acceptance" means a
Certificate of Maintenance and Final Acceptance (Underground Services) or
a Certificate of Maintenance and Final Acceptance (Aboveground Services),
as the provisions of this Subdivision Agreement require.
27
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PART-8
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BUILDING PERMITS AND OCCUPANCY
8.1 TOWNSHIP OF ORO-MEDONTE SEWAGE APPROVAL
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 Sewage System Permit approval has been received for the land
in question.
The Developer's Engineer shall prepare an overall Lot Development Plan for
approval by the Township of Oro-Medonte sewage approval authority, or
subsequent approval authority, 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) an envelope showing the location, size and elevation of the subsurface
sewage system on each lot and all pertinent engineering design criteria.
c) existing and proposed grades of the disturbed area of lot after building,
drainage and sewage works have been completed.
d) existing and proposed grades on lot corners and mid-lot elevation.
e) location of water service.
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, experienced in private sewage system design, for approval by the
Township Engineer, prior to the issuance of a Sewage System Permit 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).
b) the location, size and elevation of the sewage system, all engineering design
criteria and standards pertaining thereto, shall be provided.
c) the location of the 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 Fiflal
Inspection Report, to certify to the Township of Oro-Medonte sewage
approval authority, or subsequent approval authority, in writing, that the
foregoing works have been carried out in accordance with the approved Plans
noted above.
28
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 SS-1.
Storm Drainage Area Plan and Erosion Control Plan
all prepared by URS Cole Sherman, Slope Stability Assessment prepared by
Terraprobe, and Site Plan to the satisfaction of the Township of Oro-Medonte
sewage approval authority, or subsequent approval authority, and the Township
Engineer.
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The Developer further agrees to advise all prospective lot owners of the
requirement that it may be necessary for the sewage system to be installed prior
to construction of the home, subsequent to the issuance of a Sewage System
Permit.
8.2 REQUIREMENTS FOR BUILDING PERMITS
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 municipal 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
Township may refuse any application until:
(i) The Township of Oro-Medonte sewage approval authority, or subsequent
approval authority, approvals have been obtained and submitted to the
Township. The Township of Oro-Medonte sewage approval requirements
are set out in Clauses 7.16 and 8.1.
(ii) Waterworks have been installed, tested and approved by the Township
Engineer and he has issued his Certificate of Substantial Completion and
Acceptance (Underground Services).
(iii) Plans for remaining underground services such as Bell Telephone. Hydro
or Natural Gas have been approved.
(iv) 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.
(v) 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 Site Plan and
General Location and Lot Grading Plans, Storm Drainage and Erosion
Control and Slope Stability Assessment Reports, or has received the
approval of the Township Engineer with respect to any variance to the
Plan.
The individual Lot Development Plan must be approved by the Township
Engineer prior to the issuance of a Building Permit.
(vi) All dead trees within the limit of the Plan have been removed.
(vii) Arrangements have been made and approved by the Township for
Municipal Address System numbering, as set out in Clause 8.4.
(viii) The parkland must be completed to the satisfaction of the Township, as
per Section 7.17.
29
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(ix) 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 sach a body.
8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL
ATTENTION
Any lot, which will require special attention in order to be serviced, will be listed
on Schedule "E" of this Agreement. Prior to the issuance of a Building Permit for
any lot listed in Schedule "En, the Developer's Engineer must submit a letter to
the Township Engineer outlining the measures to be taken to correct the
problems on the lot. This proposal must be approved prior to applying for a
Building Permit.
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 roadbase materials full
depth and the base course of asphalt, provided asphalt is
commercially available.
(H) The underground hydro, telephone lines, gas mains and street
lights have been installed and approved by the Township Engineer.
(Hi) 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 Site Plan and the General
Location and Lot Grading Plans, or such variance therefrom has
been approved by the Township Engineer.
.,J.
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.
30
(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.
/
(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.
31
PART-9
MAINTENANCE AND ACCEPTANCE
9.1 FINAL ACCEPTANCE OF 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 (Underground Services) be issued. It should be noted that the
Certificate of Maintenance and Final Acceptance (Underground Services) can be
applied for by the Developer two (2) years after the receipt of the Certificate of
Substantial Completion and Acceptance (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
original two (2) years, or for thirty (30) days after the receipt of the Developer's
written request for a final inspection, whichever period of time is the greater.
32
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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.
9.6 FINAL ACCEPTANCE OF ABOVEGROUND SERVICES
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.
33
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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.
34
PART - 10
DEFAULT PROVISIONS
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10.1 DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Subdivision Agreement,
and in addition to any other remedies, when the0eveloper 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 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
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.
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
A.D. 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per
Title
Per
Title
HORSESHOE VALLEY LANDS LTD.
Per ~~
Richard Andrews
Title President
H~~Bind the Corporation
Per -- '/r'
Title VP. l':ft-~A77lD10S
35
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 HORSESHOE VALLEY LANDS LTD.
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:
Firstly: Part of Parcel 1-8, Section 51-0ro-4, being Part of Lot 2, Concession 4,
designated as Parts 5, 6, 7 and 16 on Plan 51 R-30780, Township of
Oro-Medonte (formerly Township of Oro).
Secondly: Part of Parcel 1-21, Section 51-0ro-3, being Part of Lots 1 and 2,
Concession 4, designated as Parts 2,8,10,13,14,18,19 and 20 on Plan 51R-30780,
Township of Oro-Medonte (formerly Township of Oro).
All in the County of Simcoe.
Subject to an easement, as set out in #327069.
36
SCHEDULE "B"
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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 HORSESHOE VALLEY LANDS LTD.
PLAN OF SUBDIVISION
51-M
37
SCHEDULE "C"
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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
ANDHORSESHOEVALLEYLANDSLT~
WORKS TO BE CONSTRUCTED
. Storm drainage works, including ditches, culverts, driveway culverts, and erosion
control measures, as required.
. Water service connections to existing water main. Remove and plug existing
150mm water connection.
. Underground hydro, telephone and gas.
. Parkland.
All of the above works are incorporated onto the following Engineering Drawings
prepared by URS Cole Sherman, Project No. CN30700162, Municipal Affairs No. 43-
OM-20011.
The Drawings listed below were stamped, as accepted, by the Township Engineers,
R.G. Robinson and Associates (Barrie) Ltd., on 2002.
LIST OF DRAWINGS:
. PP-1
. SS-1
. DD-1
Highland Drive Plan
Site Grading and Servicing Plan
Oro-Medonte Standards
38
SCHEDULE "0"
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NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEOONTE
AND HORSESHOE VALLEY LANDS L Tf>.
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) Driveway construction complete, including pipe,
endwalls, granulars and pavement. Remove and
replace guiderail............... .......................................................$ 43,403.00
B) Storm drainage works complete, including culverts, topsoil,
seed and mulch, sod, ditching and siltation and
erosion control devices................. .......... ........................ .....$ 13,000.00
C) Waterworks, including water services, and remove and
plug existing 150 mm water connection................. .............$ 7,380.00
D) Electrical supply.................... ........................................... ...$ 1,000.00
E) Parkland works, trees, and park sign.................................$ 1,000.00
SUB-TOTAL
$ 65,783.00
F) Allowance for Engineering and supervision........................$ 6,578.30
TOTAL $ 72,361.30
7% G.S.T. $ 5,065.30
GRAND TOTAL COST $ 77,426.60
39
SCHEDULE "E"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND HORSESHOE VALLEY LANDS LTD.
LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES
& LIST OF LOTS REQUIRING SPECIAL ATTENTION
Prior to issuance of Building Permits for Lots 1-13:
. A Site Plan shall be approved by the Township Engineer satisfying Sections 8.1 and
8.2 of this Agreement.
. Payment of development charges per Schedule "F".
. Securities posted per Sections 5.7.2 and 5.7.3.
40
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 HORSESHOE VALLEY LANDS LTD.
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 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.
41
SCHEDULE "G"
NOTE:
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND HORSESHOE VALLEY LANDS LTD.
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
1 .1 Block 18
0.3 m reserve Lot 13
Plan 51-M
2.0 STORM EASEMENTS
2.1 Parts 9 and 11
2.2 Part 17
2.3 Part 8
Storm Easement
Storm Easement
Storm Easement
51 R-30780
51 R-30780
51 R-30780
42
NOTE:
PARKLAND
Block 14
Cash-in-lieu
SCHEDULE "H"
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t
It is understood and agreed that this Schedule forms part of the
Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE
AND HORSESHOE VALLEY LANDS LTD.
Plan 51-M
$12,495.00
43
SCHEDULE "I"
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TOWNSHIP OF ORO-MEDONTE
DECLARATION OF PROGRESS AND COMPLETION
SUBDIVISION
DEVElOPER
CONSULTING ENGINEER
As required by the Agreement between the CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE AND
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
c) Grading, topsoiling and seeding of private blocks and parks on or before_
d) Boulevard sodding on all roads on or before
e) Hot asphalt on or before
f) Planting of trees on or before
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;
44
4.
/'\ (I/]
The Developer further agrees and the Township is hereby authorized to L\c" I ---1
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;
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 b,ehind 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
45
SCHEDULE "J"
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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 HORSESHOE VALLEY LANDS LTD.
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.
46
SCHEDULE uK"
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SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP
UST ANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform
Custorns and Practices for Documentary Credits (1993 Revision), being ICC Publication No.
UCP 500.
TO:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2XO
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
, up to an aggregate amount of , ($$$$$$$$)
which is available on demand.
Pursuant to the request of our said customer, ' , we, the Bank of
, Ontario, , hereby establish and
give to you an Irrevocable Letter of Credit in your favour, in the above amount, which rnay be
drawn on by you at any tirne and from time to time, upon written demand for payrnent rnade
upon us by you which dernand we shall honour without enquiring whether you hav'e the right as
between yourself and our said customer to make such demand and without recognizing any
claim of our said customer or objection by thern to payrnent by us.
Dernand shall be by way of a letter signed by an authorized signing officer of the Corporation of
the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank
of , , Ontario, . The Letter of Credit, we
understand, relates to a Subdivision Agreement between our said customer and the Corporation
of the Township of Oro-Medonte, with Mortgage Cornpany, as a third party, regarding
subdivision of
(property description)
The amount of this Letter of Credit rnay be reduced from tirne to tirne, as advised by notice in
writing, given to us by an authorized signing officer of the Corporation of the Township of Oro-
Medonte.
Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of
Credit will be duly honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the
condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to
be automatically extended without arnendrnent from year to year, from the present or any future
expiration date hereof, unless at least thirty (30) days prior to the present, or any future
expiration date, we notify you in writing by registered mail that we elect not to consider this
Letter of Credit to be renewable for any additional period.
Dated at
, Ontario, this
day of
20
Authorized Signature
Authorized Signature
Bank of
47
LA
, ---=~-
SEV]i/~~G1;ISHENE
,. . "\. ),
/l63/Ue Mai,~' ", 9, Pen~tair~uishene, Ontario
, L?M 203 9-2149 \fax\(705) 549-6463
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! Conseil d' a ,t&t~n N ,IIi / . ; !
\ ~c t1 '" MIchel St Amanil
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Rene C6te
President
Penetanguishene
Martin Lalonde
Vice-president
Lafontaine
Jean-Guy Valliere
Directeur-executif
Penetanguishene
ENGLISH VERSION PROVIDED AS A COURTESY
Mayor and Deputy Mayor
Canton d'Oro-Medonte
RE: County of Simcoe Library Co-operative
Upon hearing about a study recommending the closure of the County of Simcoe Library Co-operative, we at La
Seve de Penetanguishene remain indignant.
La Seve is a non-profit organization dedicated to fundraising on behalf of the Francophone population of
Simcoe County. We support various social, cultural, sports and recreation projects including the
Penetanguishene Public Library. We have allocated $15,000 to increase the French language collection at the
library. We are currently entering the fourth year of our commitment to this initiative.
The decision to close the Co-operative would mean that not only the Penetanguishene Library, but also other
libraries likely to provide services to the Francophone community living in Simcoe County, will risk losing
access to resources that are critical to maintaining basic operations. French language resources will suffer
because any funding normally allocated to this specialized service will no longer be available. They will likely
have to be transferred to the general operating funds so that libraries can continue to provide the services they
will no longer be receiving from the Co-operative.
From our viewpoint, this situation has two potentially devastating effects. First of all, French language
resources such as books, magazines, videos, newspapers, and others are vehicles for communicating and living
our culture and our heritage. Any reduction or elimination of opportunities for Francophones to read in our
language and renew our contact with our heritage, means contributing to the destruction of our heritage.
Secondly, the Co-operative's closure could potentially create a two-tiered society: on the one hand, those people
who live in urban centres and benefit from a variety of services because, with their greater numbers they have
the means to do so, and on the other hand, those who live in rural or isolated areas who do not have equal access
to a minimal level of essential resources, especially when considering that we live in an increasingly knowledge
based economy.
We strongly oppose any decision to close the County of Simcoe Library Co-operative and urge decision makers
to listen to the taxpayers on this issue. After all, it is they who pay the taxes to support the service and who
stand to benefit from them. .. but for how much longer?
We strongly recommend that the County decide to not follow through on the recommendation to close the Co-
operative.
Sincerely,
Rene Cote, Board Chair
i
c.c. M. Ernest Vaillancourt, President, La Table de concertation des organismes communautaires du comte de Simcoe
1.1
Indian and Northern Affaires indiennes
Affairs Canada et du Nord Canada
www.inac.gc.ca
www.ainc.gc.ca
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Subject: National Aborieinal Day
Dear Madam/Sir:
I am writing to invite you to share in the celebration of National Aboriginal Day this June 21st, a
celebration that recognizes the historical and contemporary contributions of Aboriginal peoples
in Canada. Consider taking part in a local event, helping to organize activities in your area or
going online to INAC's web site at www.inac.ec.ca this May/June to find out what National
Aboriginal Day events are taking place elsewhere across Canada.
These National Aboriginal Day promotional materials are available to you free of charge from
Indian and Northern Affairs Canada simply by ordering them using the enclosed form:
, Screens aver
Acolourful reading'reminder ofN.ati()nal Aboriginal DClJ'!~' ...',,','
,"A7; injormiliWepdmphleiproViding btlckgroiind informiliu/
Aboriginal people across Cimada on the meaning ofNatio
, Outstanding arlworkona.tiiooFNAD posters and postcilr(jffr(,:t:nti#~ Nations,
Inuit and Metis artists on a Celebrating Aboriginal Peoples~heme. " .
,This colouiful "faStfacts" gamefor children features fun facts abo.utFirst
Nations, Inuit and Metis peoples (also known m Fortune; Tel:lers)~ '
Enjoy this story o/how. Claire learns about the ma."ycontijhutio~made;by
Aboriginal people tothedevl!lopinent of Canada. "'; " ."' '," '
Hours of fun with stones, recipes, puzzles and gamesmall O1ithe themecf
National Aboriginal Day. , '
A great display for your computer featuring photographs oRFirst Nations, Inuit
and Metis at National Aboriginal Day activities and events. ~; .
Clalre.and lI,er
, Grandfather
Activity Guide
Please enjoy these fine products and use them to increase knowledge and awareness of National
Aboriginal Day; display them and share them with your friends, family and colleagues andplan
to take part in National Aboriginal Day activities hosted in your area.
Thank you for helping make National Aboriginal Day a success!
Yours truly,
Encl.
Canada
04/25/02 22:05 FAX
R L BIRNIE
14101
April 25, 2002
The Township of Oro-Medonte
Attention: Mayor and Counc11
P_D. Box 100
Oro, Ontario
LOL 2XO
Subject: Trail Donor Recognition
Dear Council;
y our Trail Advisory Committee is req) ,esting your partici:pation in an eveni.n~ of
recognition for the major donors that have contributed to the trail building fund.
This request is of an urgent nature due to the time frame we must complete this whole
process in. Mav 15. 2002, your council meeting, we would like to invite these generous
people to council to receive recognition for their generosity and view the signs that will
be placed on the trail recognizing them.
We view this. function as an opponunity fur council to meet these people and personally
thank them and for us to have them review the signs and advise us of any errors or
changes they may wish. An opportunity for us all to rub elbows and put the onus on
them that their name is as they wish it to be on the sign.
The Trail Advisory Committee would like the opportunity to address the 50 or so people
that would be expected at some time during the proceedings. The purpose of this wouJd
be to bring them up to date on the trail activities and where we are going trom here. We
feel coffee and crumpets type of retreshments after the formalities and the reviewing of
the signs would be in order and appre~ted.
Yours truly,
"-
de. Chris. Carter
Recreation Committee
Jennifer Zielenie.wski
If! :,,1
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MERIDIAN
,
PlANNING CONSULTANTS INC.
Page 1 of 5
Date:
Members of the Oro Moraine Steering Committee
Nick McDonald
April 17, 2002
To:
From:
Subject: Meeting of April 9, 2002
Job Number: 2080
The intent of this memo is to summarize the main points made at the April 9, 2002 meeting. All
members of the Oro Moraine Steering Committee, with the exception of Ralph Hough, were in
attendance at this meeting.
Intent of Meeting
The primary intent of the meeting was to review the approach developed by Azimuth
Environmental Consulting in assessing the features and functions of the Oro Moraine. The
approach was presented in a document that was circulated to all Steering Committee members
the week before. The document reviews the basis of the approach, discusses it in the context of
Oro-Medonte and suggests a scoring system for use after a preliminary assessment has been
completed. A further intent of the meeting was to obtain consensus on the part of the Committee
that the approach was appropriate for the work to be completed on behalf of the Township of Oro-
Medonte.
Items Discussed
1. Nick McDonald reviewed the intent of the project and why the approach identified by
Azimuth Environmental Consulting was selected. The intent of the project is to establish
land use policies in the Township of Oro-Medonte Official Plan. These land use policies
will be based on the model developed for the Oak Ridges Moraine Conservation Plan
(countryside, natural corridor, natural core, settlement). While the names of the
designations may be different, the intent of both processes is the same; to protect the
natural heritage features and functions of the Oro Moraine and to provide an appropriate
base of information and provide the means by which development proposals in this area
can be assessed.
2. Nick McDonald also indicated that it was the Township's intent to proceed as quickly as
possible with the preparation of mapping showing natural heritage features in accordance
with the approach suggested by Azimuth. This approach is one that has been used by
many other municipalities and Conservation Authorities in Ontario and is the approach
Page 1
113 Collier Street, Barrie, Ontario L4M 1H2
Phone: (705) 737-4512 Fax: (705) 737-5078
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suggested by the Ministry of Natural Resources in their technical manual. This technical
manual provides the basis for interpreting and implementing the Provincial Policy
Statement. Nick also indicated that every effort should be made to ensure that the pUblic
is aware of the work that is being undertaken during the summer of 2002. This timing will
ensure that the majority of residents are involved in the planning process.
3. With respect to public consultation, Nick also mentioned that minutes of this meeting and
future meetings will be completed in the format set out in this memorandum so that those
not involved with the Steering Committee or this project are aware of the issues that are
being considered and otherwise discussed at the Steering Committee meetings. It was
also suggested that these minutes be put on the Township's website so that residents
have another avenue to utilize to review the progress of the Study.
With respect to the website, it is proposed to create a special website for the Oro Moraine
project on the Township of Oro-Medonte home page. This work will be completed in the
next few weeks and all of the written information produced to date will be available on
that website. In addition to the written material, all existing mapping will be on the
website as well. Almost all of the information will be in a format that is viewable and
downloadable by the public. The best way to accomplish this is if all the files are
translated into .pdf files. Nick indicated that he would email each member of the
Committee once the website was up and running.
4. Nick McDonald then introduced Mike Jones and Martha Scott of Azimuth Environmental
to review the suggested approach to the identification of natural heritage features and
functions on the Oro Moraine. Mike Jones made the following points:
. The basic approach to the project has not been significantly altered;
. The Moraine will be divided into anywhere between 400 and 500 polygons for review;
. Each polygon will be given a score based on 18 criteria, with a criteria being set out
in their report;
. A series of maps will then be produced showing how each of the polygons rank/rate;
and,
. This information will be extremely useful in identifying where development can be
directed and the value of each polygon.
5. The information collected will also provide the basis for further study and assessment,
when development applications are submitted. Adam Thompson asked how 'value' is
defined and the response was that value represents the ecological significance of a
polygon. Martha Scott reiterated that the model is based on the Natural Heritage
Training Manual, produced by the Ministry of Natural Resources.
6. Nick McDonald asked Azimuth if the approach proposed would lend itself to being
updated as new information was provided. Azimuth responded that the model is
intended to be dynamic in that as new information is collected, it can be added into the
model.
Page 2
113 Collier Street, Barrie, Ontario L4M 1H2
Phone: (705) 737-4512 Fax: (705) 737-5078
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7. Nick also asked Azimuth about the similarities in the approach proposed to be taken on
the Oro Moraine with the approach taken on the Oak Ridges Moraine. Azimuth
responded that the approaches are similar, however the approach to be used on the Oro
Moraine is much more detailed in its scale and scope.
8. It was also suggested that there would be a need for specific Oro Moraine criteria to be
considered in the context of this study that would be different from the criteria utilized in
the Oak Ridges Moraine exercise. For example, on the Oak Ridges Moraine, Natural
Core Area had to have an area of at least 500 hectares. Natural corridors also had to
have a minimum width of two kilometers. In the case of the Oro Moraine, which is
significantly smaller, these minimum sizes and widths are not appropriate.
9. Nick also asked the Azimuth team whether field work would be a component of the study
program. Azimuth responded that field work will be carried out during the growing
season to verify some of the information that has been collected from the preliminary
review. It was suggested that there would be between one and two weeks of field work
carried out as part of this project. The intent of the field work will be to verify the limits of
as many of the polygons as possible.
10. Ernie Dryden of the Oro Moraine Association indicated that he still had some concerns
about the approach. Ernie suggested that not enough field work was going to be carried
out. Mr. Dryden's concern is that the product will not be defensible at an Ontario
Municipal Board hearing. On this basis, Mr. Dryden suggested that one of the products
of the work should be policies in the Official Plan which require the submission of the
comprehensive environmental impact studies to support development applications on the
Oro Moraine. In this way, information that may not have been available when the original
study was carried out could be considered as part of a development application process.
Mr. Dryden also suggested that all of the costs associated with the Environmental Impact
study should be borne by the landowner. Lastly, Mr. Dryden suggested that a
Conservation Authority should be responsible for managing the data after it has been
collected and updating the data base as appropriate.
11. Nick McDonald responded to Mr. Dryden's comments by stating that all of these
suggestions were excellent. Nick confirmed that the intent of the process is to develop a
natural heritage vision and policy framework for the Oro Moraine. At no time was it
suggested that all information on features and functions would be available when the
policies were drafted. On this basis, the policies will, when drafted, require the
submission of certain information to support development applications to ensure that our
understanding of the impacts of development are known prior to a decision being made.
Nick also indicated that it has been a goal of both Council and Staff over the last few
years to involve the Conservation Authority in the decision making process in the
Township. Over time, some thought will be given to developing some type of a co-
ordinated Conservation Authority type structure that would provide Council with technical
expertise on environmental and hydrogeological matters.
12. In response, Mr. Dryden indicated that he has experienced a number of Ontario
Municipal Board hearings. On this basis, his interest and the Oro Moraine's Associations
interest is to make sure that whatever gets produced will stand up at a future hearing.
Page 3
113 Collier Street, Barrie, Ontario L4M 1H2
Phone: (705) 737-4512 Fax: (705) 737-5078
\ \ \; ,~
Mr. Dryden also indicated that the Couchiching Conservancy is somewhat reluctant to
release information that may assist development industry in carrying out any
environmental impact study in the future. Mr. Dryden indicated that information
requirements that need to be fulfilled as part of a submission of a development
application should be clearly laid out. Jackie Fraser of the Aggregate Producers
Association of Ontario (APAO) confirmed that there are a number of extensive
requirements for submission purposes whenever an application for a pit or an expansion
to a pit is being contemplated.
13. Nick McDonald asked Mike Jones to briefly review the work that he has been undertaken
on behalf of the municipality on the groundwater study. Mike Jones indicated that the
first phase of the groundwater study was completed in February 2001. The second
phase is now underway. The intent of the groundwater study was to look at the water
budget on the Oro Moraine on a sub-watershed basis. A number of recommendations
were made by Azimuth at the time, some of which have to be implemented in the Official
Plan. The full text of the groundwater study will be available on the Township's website
within two weeks. The findings of the groundwater study will have implications on some
of the policies developed on the Oro Moraine.
14. Ernie Dryden inquired whether some of the Groundwater Study recommendations would
be discussed at a future Oro Moraine Committee meeting. Nick McDonald responded by
stating that since there are policy implications emanating from the study, they would
certainly brought to the table at a future meeting. Nick also indicated that he had
prepared an executive summary summarizing the groundwater study and commenting on
how the Official Plan could be updated to reflect its recommendations. This report will
also be made available on the Township's website.
15. Adam Thompson mentioned the Victoria Point Ontario Municipal Board hearing in the
City of Orillia as an example where issues relating to the environmental sensitivity of the
lands were the subject of a very costly OMB hearing. Nick indicated that the intent of this
process was to create certainty rather than uncertainty. Nick also indicated that the
Victoria Point hearing was based on two competing visions, one being the designation of
the lands as a Provincial wetland, and the other being the designation of the lands in the
Official Plan as a development area. These competing visions had to be resolved
somehow and unfortunately, it took an OMB hearing to decide it.
16. Rob Baldwin of the Lake Simcoe Region Conservation Authority indicated that one of the
benefits of the suggested approach is that, once the work has been completed, you can
easily test a number of scenarios. The example Rob used was one where it was
determined that a 30 metre buffer was required around all significant features. With a
simple point and click of a mouse, you could graphically review the impacts of such a
decision on the lands. Rob Baldwin also reiterated that the top down natural heritage
system approach was much more preferred over the primary species information
approach.
17. Ernie Dryden questioned the meaning of cumulative impact. Mike Jones explained what
the term means and how you would review cumulative impact using a hypothetical
scenario. Mike explained that the rationale for cumulative impact studies is to ensure that
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113 Collier Street, Barrie, Ontario L4M 1H2
Phone: (705) 737-4512 Fax: (705) 737-5078
, ./
\) b-5
the combined impacts of a series of developments are reviewed, instead of on a case by
case basis.
18. Nick McDonald then asked whether there was support for the approach being proposed
by Azimuth. Jackie Fraser indicated that the approach seems sound and reminded
everyone of the need to consider other policies in reviewing land use issues on the Oro
Moraine. Very specifically, Jackie indicated that the Provincial Policy Statement also has
a number of policies dealing with the protection of aggregate resource areas for future
extraction purposes. Patrick Capobianco inquired whether developer funded studies
would be reviewed as part of this process. The response is yes.
19. Acting Mayor Craig indicated that Township Council has historically been very proactive
with respect to the preparation of Township hydrogeological and environmental study.
Neil Craig also indicated that the Township was ahead the game, particularly with respect
to the hydrogeological study of the Oro Moraine. Mr. Craig also indicated that he
supports the approach being taken and looks forward to the results. There were no other
comments on the approach.
20. Nick McDonald then indicated that Azimuth would undertake to complete the work and
would be in a position to have a draft report complete with mapping available for the first
or second week of June 2002. Given that time table, the meeting date originally
scheduled for June 4, 2002 is not required. Instead, it was agreed that the Oro Moraine
Committee would meet again on June 18, 2002 at 9:30 am in the municipal office to
review the draft mapping. An agenda for that meeting will be provided to Committee
members in advance. It is hoped that the mapping is sufficient for review at a series of
public open houses to then be held throughout the summer months.
This memo was prepared by Nick McDonald following the meeting held on April 9, 2002. Please
report any errors or omissions to Nick McDonald within five days of the receipt of this
memorandum. If there are any questions or issues requiring clarification, please contact me.
Yours truly,
Nick McDonald, MCIP, RPP
Partner
NM/jrw
.,
Page 5
113 Collier Street, Barrie, Ontario L4M 1 H2
Phone: (705) 737-4512 Fax: (705) 737-5078
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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BY-LAW NO. 2002-042
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND LINK EMPLOYEE
ASSISTANCE PROFESSIONALS INC.
WHEREAS the Municipal Act, R.5.0. 1990, c.MAS, Section 207, Subsection 48, as
amended, provides that municipalities may enter into agreements for the payment of
health insurance expenses;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement
with LINK Employee Assistance Professionals Inc.;
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 LINK Employee Assistance
Professionals Inc., said agreement attached hereto as Schedule 'A' and forming
part of this by-law.
2. THAT this by-law come into full force and effect upon final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 13TH DAY OF APRIL, 2002.
BY-LAW READ A THIRD AND FINAL TIME THIS
DAY OF
, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Acting Mayor, J. Neil Craig
Clerk, Marilyn pennycook
LINK
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EMPLOYEE ASSJST ANCE PROFESS]ONALS JNC.
AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM
_.__.~---_.
PROGRAM CLIENT NUMBER: 10177
PROGRAM CLIENT NAME: The Corporation of the Township of Oro-Medonte
PROGRAM EFFECTIVE DATE: May 1,2002
PROGRAM DESCRIPTION:
Premier
INITIAL TERM: Two Years
EXPIRY DATE: April 30,2004
DEFINITIONS:
"Program Client" wherever used in this agreement means the company who employs
the individuals covered by the EAP Program.
"The Company" wherever used in this agreement means the service provider LINK
EMPLOYEE ASSISTANCE PROFESSIONALS INC.
"EAP Program" wherever used in this agreement means all services agreed to by the
Program Client to be the services provided by The Company during the effective period
of this agreement.
"Employee" wherever used in this agreement means any individual employed by the
Program Client who will use this EAP program. Employee can be full or part-time,
depending on the agreement between The Company and the Program Client.
"Family" wherever used in this agreement will apply to the employees' spouse (unless
separated or divorced) and/or any children under the age of twenty-one and residing at
the same place of residence as the employee or under the age of 25 and attending full
time college/university.
In consideration of the payment in advance of the premium of the amount and in the
manner set forth herein, The Company agrees to provide program coverage for certain
persons of the Program Client who are designated herein (here after called employees)
for whom application is made by the Program Client.
All periods of time under this agreement begin and end at 12:01 a.m. Standard Time, at
the address of the Program Client.
Township ofOro-Medonte Contract 10177
(2)
,
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This program may be renewed only with the consent of The Company for further
consecutive terms upon payment of the premium at the rate and in the amount
---d eteFmined ,. by-T-he-Gompany-at-tRe-time-of-r€newa1~-he-f~r-st-day-of--eaGfl-suGh-t-er-fFl-
shall be the premium due date.
All subject to the provisions on the following pages which together with this page shall
constitute the agreement.
In witness whereof, The Company and the Program Client have caused this agreement
to be executed by their authorized representatives.
LINK Employee Assistance
Professionals Inc.
(The Company)
Authorized Signature
Title
The Corporation of the Township of Oro-Medonte
(The Program Client)
Neil Craig
Mayor
Marilyn pennycook
Clerk
Dated at Oro this
day of
,2002
Township ofOro-Medonte Contract J0177
(3)
PREMIER PROGRAM
Attached to and forming part of Agreement for Program Client number: 10177
------...----.-
-_._-_..~-_.~-_.
Rate per employee per month
$3.17
Counselling sessions per employee
Unlimited
- access to 24-hour crisis telephone line
- in person assessment
- referral as necessary to specialist
- post counselling follow-up
- four newsletters per year
- identification cards and introduction information
- initial employee and management introduction seminars
- posters for use in workplace
Agreement to define employee as:
all full and part-time employees only.
all full and part-time employees
and their immediate family members.
all full time employees only.
X all full time employees and
their immediate family members
Township ofOro-Medonte Contract 10177
;
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DEFINITIONS OF PROGRAM TERMS
,
,
\
,
,
(4)
24 HOUR CRISIS LINE
Employee may call this toll free (800) number at any time, 24 hours per day, seven days per
week. The-line-wm--be-.answered--by-a-GGuflseUor-whG-wjJUisten-to-~be-pr.eserrting-pr.oblem,-
intervene if an immediate crisis is present, offer direction to community resources at the
employee's location, or arrange for an in person assessment at the earliest time possible
depending on the counsellors evaluation of the seriousness of the problem.
IN PERSON ASSESSMENT
If referred for personal assessment the employee (or immediate family member) will be seen by
a certified counsellor whose training and experience in assessment meets the criteria of LINK
EAP. This counsellor will be either an employee of the Company or one contracted in that area
for such services.
REFERRAL
If, after assessment, the counsellor feels the individual will benefit from receiving counselling
sessions, said counsellor will arrange for such services. If the counsellor feels that the
employee needs could be best met by his/her self then the counsellor will be retained. In the
event that another counsellor in a different field would best meet the employee's needs then a
referral would be made. The assessment counsellor will continue to monitor the employee's
progress to assure that needs are being met.
NUMBER OF COUNSELLING SESSIONS
The number of sessions is determined by the agreement between the Program Client and The
Company (see page 3). Additional hours of counselling may be necessary in order to meet the
employee's needs. Cost of extra hours would be met solely by the employee or supplemented
by the Program Client and will be at the rate set in Schedule" A". In the event of the latter this
would be negotiated after written permission has been given by the employee. Determination of
the need for additional hours will be made on a case basis after consultation between the
primary counsellor and the Company Program Director.
The number of counselling sessions agreed to on the Premier plan will include no more than
one legal and two financial counselling sessions per problem.
POST COUNSELLING FOllOW-UP
Any employee that has completed a counselling session will be contacted by the Company
selected counsellor at a time approximately 3 months after completion of sessions to ensure
that the goals of the session were met. As always, each employee's needs will be considered
individually and the Company may elect to have additional follow-ups done at its expense.
Additional follow-up schedules can be negotiated by Program Client with the Company and be
listed on Schedule "B" which becomes a part of this agreement.
NEWSLETTERS
Newsletters will be sent to the Program Client at intervals of every three months. Premier, Fee
for Services and Access program clients will receive one for each employee served by the
agreement (not family members). The Program Client will be asked to distribute these through
their own system. Other Program Clients will receive office copies for on site circulation.
Township ofOro-Medonte Contract ]0]77
(5)
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IDENTIFICATION CARDS
Will be issued by The Company to all employees of the Program Client, and to family members
where they are included in coverage, within 30 days of the completion of this agreement.
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INTRODtJCTION-S1:-M1NA-RS
The Company agrees to present seminars to the management and employees of the Program
Client as defined in the Application. Generally these seminars will cover the services available,
the general need for such services within the business sector, how to access services and the
rights of those seeking such services.
POSTERS FOR WORKPLACE
The Company will provide posters for display in the workplace. Such posters will encourage use
of LINK EAP services in a friendly manner and carry the 800-toll free phone number.
RATE CONDITIONS
The Company guarantees the rates quoted for the duration of this contract, however, The
Company reserves the right to re-negotiate the rates after the first 90 days of providing the
agreed upon services when the experience overtly exceeds established norms. Should this
occur the Program Client has the right to immediately cancel the contract without further notice
should they not wish to enter re-negotiations.
GST
GST is payable on all premiums plus any additional billable services whether covered by the
plan or other.
CONFIDENTIALITY
The Company makes all efforts to maintain confidentiality in all respects to contact with an
employee seeking assistance. At no time will names of those contacting The Company in any
way be released to any individual or organization unless proper written permission is received
from the employee. It is also understood that the nature or reasons for contact with The
Company will not be divulged on an individual basis, although such information may be
submitted to the Program Client in the form of anonymous overall statistics. The Company also
assures that all counselling and assessment appointments made by The Company will be
scheduled in such a way as to avoid contact by fellow employees at the counselling places.
COUNSELLOR QUALIFICATIONS
The Company agrees to use only Licensed, Certified or Registered Counsellors. "License,
certified or registered" means licensed, certified or registered to practice the profession by the
appropriate authority in the jurisdiction in which the care or services are rendered; or where no
such authority exist, having a certificate of competency from the professional body which
regulates the particular profession.
CONTINUATION OF COVERAGE
In the event of, disability, maternity leave, leave of absence, lockouts, temporary layoffs or
settlement options, coverage can be continued by the Program Client by continuing to pay the
appropriate premiums for a period of up to six months, or longer on approval of The Company.
Township ofOro-Medonte Contract 10177
(6)
TERMINATION OF COVERAGE
An employee's coverage under this agreement shall terminate on the earliest of:
a) the last day of the month for which the current rates have been paid in respect
of the employee;
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b) the last day of the month in which the employee ceases to actively employed by
the employer and listed as a member of an eligible class.
c) the last day of the month in which the employee attains age 70
d) the termination of this agreement.
CANCELLATION OF THIS AGREEMENT
This agreement may be cancelled by either party upon 90 days written notice or any action by
either party that constitutes an act of bankruptcy. However, where the program is cancelled by
the Program Client, the Program Client agrees to be responsible for any counselling sessions in
progress at the time of cancellation, and agrees to pay the company for any sessions
conducted after the date of cancellation up to a maximum of five sessions and/or a maximum of
ninety days, at the rate stated in Schedule "A".
RATE PAYMENTS
The rates with respect to the services provided under this agreement are payable monthly on
the first day of the month to The Company. The total amount due is the sum total of the monthly
rates for all covered Employees on the due date, based on the monthly rates established by
The Company. A fifteen day period of grace commencing from the rate due date, shall be
allowed for payment of the rates due under the terms of the agreement, except for the first
which must be paid on the date this agreement is signed and this agreement shall remain in
force during such period. If the rates are not paid by the end of the period of grace, this
agreement may be terminated immediately by The Company. The Company shall have the right
to recover the premium due for the period of grace up to and including the date of such
termination, plus any counselling fee incurred by The Company, during or after such period, in
order to complete any counselling in progress.
AMENDMENT AND RENEWAL OF AGREEMENT
This agreement may be amended at anytime with the written consent of The Company.
However, any change which alters or modifies a provision or service herein, except with respect
to change in rates, must be in writing signed by a Senior Executive Officer of The Company.
The coverage evidenced by this agreement may be renewed automatically from year to year,
upon payment and receipt of the current rates as determined by The Company. No agent or
representative of The Company has authority to change this agreement, waive any of its terms
or conditions, or to make representations or undertakings not expressed herein.
RATE CHANGES AND NOTICE OF CHANGE
At the end of any rate guarantee period or annually thereafter, The Company may change the
rate based on the experience of the group plan. The Company also reserves the right to change
the rates, if, after the effective date of this agreement, the agreement is amended to increase,
decrease or terminate services or any portion thereof, at the request of the Program Client.
Written notice of any change in rates shall be given to the Program Client by The Company at
least thirty days prior to the effective date of such change.
Township ofOro-Medonte Contract 10177
(7) . \ i /\.
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NOTICE \
Any notice to the Program Client will be given by ordinary mail to the address shown on the
program application. Unless written notice has been given to LINK by pre-paid certified post of
change thereof; in which event the notice shall be sent to the new address as notified. Notice of
termination. _oLoLaDy_c.b.a.n~l~LinJb~....LaJ.~ts_or terms and conditions.of this agreement will pEt____
given by pre-paid certified post, or by any other means of direct delivery. If notice is given by
mail, it will be deemed to have been delivered five working days following the date of mailing.
SCHEDULE "A"
Pursuant to the agreement between The Company and the Program Client 10177 of which this
schedule is attached to and is a part thereof the parties agree that:
a) All counselling provided by The Company in excess of that provided for under
the terms of the program agreed upon shall be at the rate of $95 per hour.
b) All counselling provided by The Company under the Fee for Service Program will
be at the rate provided for in "a)' above and will be limited to sessions, except where the
Program Client has given written consent for a specific employee to have a specific number of
additional session.
c) Any counselling services provided in addition to the agreed upon number
provided for in the Premier or Access Programs will be at the employee's expense
except where the Program Client has given written consent for a specific employee to
have a specific number of additional sessions, which sessions shall be at the rate
stated in "a)" above.
Township ofOro-Medonte Contract 10177
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-048
----.----.-.-------.----^
BEING A BY-LAW TO PROVIDE AN EXEMPTION FROM TAXATION TO
THE ROYAL CANADIAN LEGION BRANCH 619
WHEREAS section 207 Paragraph 62 of the Municipal Act, R.S.O. 1990, Chapter MAS as
amended provides for exempting from taxation, except for local improvement and school
purposes, for a period not exceeding ten years, any premises actual1y used and occupied as a
memorial home, clubhouse or athletic grounds by persons who serve in the armed forces of
Her Majesty or Her Majesty's al1ies in any war;
AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte
deems it desirable to pass a by-law to provide such an exemption;
NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte
enacts as fo11ows:
1. That an exemption from taxation for lower-tier purposes be provided to the
Royal Canadian Legion Branch 619 for the taxation years 2002 and 2003.
2. That this by-law shall come into fu11 force and effect on its final passing thereof.
BY -LAW READ A FIRST AND SECOND TIME THIS 1 st DAY OF MAY, 2002.
BY-LA W READ A THIRD AND FINAL TIME THIS 1st DAY OF MAY, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MA YOR, J. NEIL CRAIG
CLERK, MARILYN PENNYCOOK
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE \ l\ C / \
SITE PLAN CONTROL
BY-LAW NO. 2002-050
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
Between Heidi's R.V. ,$ales and
The Corporation of the Township of Oro-Medonte,
described as lands as follows:
Pt. W. % Lot 20, Cone. 11 (formerly Township of Oro),
Being Part 1, 51 R30235,
Being all of PIN #58547-0129 (Lt.)
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as
Appendix "B", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Schedule "A" and Appendix "B" shall form part of this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
BY-LAW READ A FIRST AND SECOND TIME THIS 1st DAY OF MAY, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY,
2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
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APPENDIX "8"
SITE PLAN AGREEMENT
- between -
HEIDI'S R.V. SALES
- and -
THE CORPORATION OFTHE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
pt. W Y:z Lot 20, Concession 11 (Formerly Township of Oro)
Being Part 1, 51 R-30235
Being all of PIN #58547-0129 (Lt)
March, 2002
By-Law No. 2002-
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
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SITE PLAN CONTROL AGREEMENT
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This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
HEIDI'S R.V. SALES
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the-"Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a
commercial parking lot on lands described in Schedule "An, attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
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1'-(-(-5
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "An, attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands nor any use made of the subject lands
with respect to the proposed development except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe District Health Unit.
e) The Owner shall, prior to the execution of this Agreement, pay all Municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of performance of all
the Owner's obligations hereunder unless the context otherwise requires. Every
provision of this Agreement by which the Owner is obligated in any way shall be
deemed to include the works "at the expense of the Owner" unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. The owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements or other documents required by Schedule "C", as well as
certification from the Owner's Solicitor that the TransferlDeeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a commercial parking lot on the
Site Plan.
b)
That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
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3. DEVELOPMENT RESTRICTIONS
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The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following tenns and conditions:
a) Site Plan
The use and development of the subject lands shall be
in accordance with and as set out on the Site Plan
attached hereto as Schedule "B".
b) Lighting
All lighting systems installed outside, such as floodlights, shall be
directed away from any adjacent residential use and/or roadway, not
to cause interference in any way.
c) Parking Areas and Driveways
All parking areas and driveways shall be constructed, in conformity
with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and
the Ontario Building Code Regulation 419/86, all applicable
Provincial and Federal legislation, and also including the Federal
fisheries, and such parking areas, loading and acce~s areas shall be
kept free and clear of snow and ice and kept adequately drained. All
entrances shall be constructed as in Schedule "B", attached. The
Owner agrees to obtain all necessary approvals from the Ministry of
Transportation, County of Simcoe and Township of Oro-Medonte.
d) Outside Storage
No outside storage shall be pennitted between any buildings on the
premises and any street. Any other outside storage shall be
contained in the fenced compound, as identified on Schedule "B".
e) Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and
waste as shown on the Site Plan and to install and maintain litter
containers in and around development on the lands.
All metal scrap and associated refuse contained in the fenced
compound shall be removed on a weekly basis.
f) Landscaping
The Owner shall complete all landscaping and landscaped areas
shown on the Site Plan, attached as Schedule "B", as soon as
weather permits and all grading and sodding required, according to
any Engineering drawings submitted, shall be done on all lawn
areas.
g) Erosion and Siltation Control
The owner must take all necessary precautions to prevent erosion
and sedimentation of ditches and culverts, slopes, etc., within the
Site Plan, and downstream prior to and during construction. The
owner agrees to maintain all erosion and siltation control devices in
good repair until vegetative cover has been successfully established.
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto unless and until such changes have been approved, in
writing, by all Parties.
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5. SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "0" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of Four Thousand Dollars ($4,000.00), as approved by the
Site Plan Committee and Township Council, or.
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs ofthe said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year or such time as the Township decides and shall
be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these altemative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "0" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and Security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owners' agent, certifying that all required works
for which the Letter of Credit was submitted, have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will retum said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) days
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, as amended.
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7. CO-OPERA TION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications as required for the purpose of securing
registration and giving effect to the provisions of this Agreement.
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8. BINDING EFFECT
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This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto and upon the lands described in Schedule "An, attached
hereto, such Schedule being a legal description of the lands, and it is further agreed that
this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless the Township from and against any and all claims, suits, actions and demands
whatsoever which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
,
SIGNED, SEALED AND DELIVERED
7
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) Ownef: HEIDI'S R.V. SALES
)
) Urs Buechin
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) Owner:
)
) Liliane Buechin
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
)
)
) Acting Mayor, J. Neil Craig
)
)
)
) Clerk, Marilyn Pennycook
SCHEDULE "A"
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NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales.
LEGAL DESCRIPTION OF LANDS
Pt. W"h Lot 20, Concession 11 (Formerly Township of Oro), being Part 1, 51 R-30235,
Township of Oro-Medonte, County of Simcoe, being all of PIN #58547-0129 (Lt).
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NOTE:
SITE PLAN
SCHEDULE "B"
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It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
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SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales.
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 Owner.
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
111
)
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SCHEDULE"D"
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NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heidi's R.V. Sales.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1. ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
$4,000.00
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-053
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Being a By-law to Authorize the Execution of a Subdivision Agreement
between The Corporation of the Township of Oro-Medonte
and Horseshoe Valley Lands Ltd. (Horseshoe Highlands Development)
WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter
P.13, as amended, provides that municipalities may enter into agreements imposed as
a condition to the approval of a plan of subdivision and such agreements may be
registered against the land to which the subdivision plan applies being Part of Parcel 1-
8, Section 51-0ro-4, being Part of Lot 2, Concession 4, designated as Parts 5, 6, 7 and
16 on Plan 51 R-30780, Township of Oro-Medonte (formerly Township of Oro) and
Secondly: Part of Parcel 1-21, Section 51-0ro-3, being Part of Lots 1 and 2,
Concession 4, designated as Parts 2,8,10,13,14,18,19 and 20 on Plan 51R-30780,
Township of Oro-Medonte (formerly Township of Oro), County of Simcoe.
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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 'A", 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 1st day of May, 2002.
By-Law read a third time and finally passed this
day of
,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, J. Neil Craig
Clerk, Marilyn Pennycook