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06 26 2002 Sp Council Agenda ~;/er TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCil MEETING AGENDA COUNCil CHAMBERS .. DATE: WEDNESDAY, JUNE 26, 2002 TIME: Immediately following Committee of the Whole. .......................................................................... 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 6. MINUTES OF PREVIOUS MEETINGS a) Minutes of the Council Meeting held Wednesday, June 19, 2002. .............................................................................., 7. CONSENT AGENDA CORRESPONDENCE: Nil. 8. DEPUTATIONS: Nil. 9. REPORTS OF MUNICIPAL OFFICERS: Nil. 10. COMMUNICATIONS: Nil. 11. REPORTS OF COMMITTEES: . Nil. 12. PETITIONS: Nil. 13. UNFINISHED OR NEW BUSINESS: Nil. 14. BY-LAWS: a) By-law No. 2002-077 b) By-law No. 2002-65 c) By-law No. 2002-078 d) By-law No. 2002-079 e) By-law No. 2002-080 f) By-law No. 2002-081 g) By-law No. 2002-082 h) By-law No. 2002-083 'I' Being a By-law to adopt staff and Council training and Development Policies and Procedures. Being a By-law to delegate the Head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, 1990 and to appoint a FOI Committee. Being a By-law to Authorize the Executive of a Site Plan Control Agreement between Albert Francis Edstrom and the Corporation of the Township of Oro-Medonte. Being a by-law to Authorize the Execution of a Site Plan Control Agreement between Stanfred Holdings Ltd. And the Corporation of the Township of Oro-Medonte. Being a By-law to Authorize the Execution of a Subdivision Agreement between the Corporation of the Township of Oro-Medonte and BestPro Corporation. Being a By-law to Authorize the Execution of an Amended Subdivision Agreement between The Corporation of the Township of Oro- Medonte and Monica Interior Design Ltd. And Modco Investments Ltd. Being a By-law to Authorize the Execution of an Amended Pre-Service Agreement (Laurel View Homes (HV) Inc.) Being a By-law to Authorize the Execution of an Agreement of Purchase and Sale between The Corporation of the Township of Oro- Medonte, the Corporation of the City of Barrie, , the Corporation of the City of Orillia and Ukcan II Incorporated. '" i) By-law No. 2002-073 Being a By-law to amend No. 99-131 being a By-law to establish user fees for livestock claims in the Township of Oro-Medonte. j) By-law No. 2002-075 Being a By-law of the Corporation of the Township of Oro-Medonte to prohibit the throwing, placing or depositing of refuse or debris, waste material or wastes on private property or municipal property. k) By-law No. 2002-076 Being a By-law to regulate, license and control animals within the Township of Oro-Medonte. 15. IN-CAMERA: 16. CONFIRMATION BY-LAW NO. 2002-074. 17. ADJOURNMENT: 18. QUESTIONS: DEPT. REPORT TO: Council PREPARED BY: #PR2002-04 Chris Carter SUBJECT & FILE #: DEPARTMENT: COUNCIL: Request for Capital funding- Parks and Recreation Jarratt Hall Board C.OFW. I MOTION #: Cw " tq DATE: DATE: June 26, 2002 REPORT e) Staffwas infom1ed that damage had occurred to the roof of the Jarratt Community Hall during a severe stOm1 early in the month of May. The Recreation Co-ordinator and the Roads Superintendent were asked to conduct a site visit to detem1ine the extent of damage. Subsequent the Hall Board submitted a request for capital funding to cover the cost of repairs to the roof attached for Council reference Attachment #1. Other financial assistance was also requested for interior painting and approval for the purchase of 50 chairs rrom the Bass Lake Snowrunners. Also the Hall Board Members provided for Council's consideration, three quotes for roof repairs, Attachment # 2,3 and 4, two quotes for painting Attachment # 5 and 6. Mr. Bill Thompson was requested to provide an opinion with regards to the requirement for a structural review prior to the roof being repaired. Mr. Thompson advised that there was no evidence of the roof sagging and indicated that at this time a structural review was not warranted Attachment #7 and 8. Quotes where submitted by: · K.S. Roofing from Oro Station in the amount of$ 8,206.90 · Brentwood rrom Line 14 South, Ofo:Medofiteintheamount of$ 7,813.14 · A & G Roofing rrom 10 Brammer Dr., Orillia in the amount of$ 7,757.50 The quotes include: 5yr workmanship, re-sea1ing of the chimney, and new vents. Given that at the time of the 2002 budget deliberation the Jarratt Hall was in transition in respect to Board Members, no allocation was provide for capital improvements. . In consultation with the Chief Building Inspector it is recommended that Brentwood Roofing and Aluminum Works be awarded the project in the amount of$ 7,813.14 dollars. That the project be expensed from contingency reserves at 100 % percent. . That the request for assistance with respect to the painting ofthe hall be considered during the 2003 budget deliberation as a 50/50% funding opportunity. That Council approves the $ 500.00 dollars request for chairs and that the expense is charged to operating. , RECOMMENDATIONS: . 1. That Brentwood Roofing and Aluminum Works be awarded the proj ect for roof repairs in the amount of $7,813.14. 2. That the expenditure be expensed from contingency reserve. 3. That the Hall Board be advised that the painting of the hall be considered during the 2003 budget deliberations. 4. That Council approves the Hall Board's request for 50 metal chairs. 5. That the Hall Board be notified of Council's decisions accordingly. 6. That Council receives and adopts this report Respectfully submitted, A./? ~ris ~er, Recreation Co-Ordinator Attachment # I-a ~ e~ ~4f,t, c/o Susan Grant 1241 Bass Lake Sideroad East R. R. #2 Hawkestone, Ontario LOL 1 TO May 27,2002 Township of Oro-Medonte P.O. Box 100 Oro, Ontario LOL 2XO Attention: Oro-Medonte Township Council RE: CAPIT ALEXPENSES - JARRA TT COMMUNITY HALL Dear Council Members: The Jarratt Community HaH Board members would like to request some help regarding capital expenses. As you are aware, we became the new Hall Board after the capital expenses were to be submitted. Therefore we would like you to review three requests we have at this time. 1. ROOF We have received 3 quotes. Photocopy of quotes attached. o K. S. Roofing, R. R. #1 Oro Station LOL 2EO $8206.90 includes taxes / tippage fees /5 yr workmanship /8 roof vents / New Chimney & step flashing. o Brentwood Roofing, 22 Line 14 South, R. R. #1, Orillia L3V 6H1 $7813.14 includes taxes / tippage fees / Reseal Chimney /5 yr workmanship o A & G Roofmg, 10 Brammer Dr., Unit 6, Orillia L3V 7T4 $7250.00 + GST / tippage fees extra / New Flashing & Vents /2 rolls Grace Watershield on front entrance. 2. PAINTING We would like to paint the front entranceway, wainscoting upstairs, trim and both washrooms. This area has not been painted since the early part of 1980. We requested 3 quotes - 3 local painters came and viewed the building, only two companies submitted quotes. Photocopy of quote attached. o J.MConstruction"l120Mt.St.LouisRoad, R. R. #3,Coldwater, LOI<. lEO $3,120.00 Labour & Materials + if we wish to paint panelling $2,930.00 = $6,050.00 + GST o Fine Finish Painting, Markus Koenig - 325-1791 $6400.00 + GST Labour & Materials / includes painting panelling D~'~ Jarratt Community Hall, Capital Expenses May 27, 2002 Page 2 of2 Attachment #l-b 3. CHAmS We do not own the chairs that are located in the lower level of the Hall. They are the property of the Bass Lake Snowrunners. We would like to purchase the chairs from them. o Offer $500.00 to the Bass Lake Snowrunners for 50 metal, padded green cloth covered auditorium chairs. We hope that you will consider our requests. Please contact us if you have any question regarding any of these capital expenses. Yours Cordially, ~-~~ Susan Grant Treasurer Jarratt Community Hallw) cc Chris Carter All Jarratt Hall Board Members (Photo copies of quotes not attached.) i L. 1 1"'. ; .;; Attachment #2 [i .J \. .. .. ."'\ ! ~(. . ~ . I _' : I i [I,.; . J :_....J '_, K. S. ROOFING R,R "'1 ORO STATION. ONTARIO lQL 2EO (705) 487.3699 1 - ";' :~/)/IJ -i:f- //~/, / 'f ~-.A~~ )~~f .- "Z. (:.6" 7~8' JOe NA~"110N ., -'tr2 ..-, ..J.. All ROOF DECK REPAIRS ARE EXTRA. J08 DE5C-~ION: / A J\ L. _/.... > /r"~ I-~I ~-:7~~' /~777' J ~'-H ~C~ '~', "- , ... -:,,_?,k!r<~~pP," _ '.__..'.~. - ~~~4/ ~,.-;t._~.. !(.!~; .~7 - ~-~W$ .. _.~.c~..._.~...#.!./:.~~" . .J uJ" . "', ..~ ...- ~ ","., ,- if. ~-, -- -->-hI ~(w-I ! {:/.~'7 rJ","~-~ " r~ ,- -- - - - J 7' ~'~7 ~ .. '"^', ".... -.. , . ~~ I.. ~-:7+? .(... /1/2 . 0d.." I~:' J.I~:; -~_..... ....._-.. . - ..,".... ....... ~ .. --_... . . . h; I. UIi' , ': IS FOR COMPLETING THE Joe AS DESCAIBED ABOVE. n : ~;,,,.i..i,) ,/, OUR EVALUATION ANC DOES NOT INCLUDE MA'rEFlI".l N\E ,: 1I\,Cr:V,SES OR ADDITIONAl I AAOUA AND MATERIALS WHICH Mi :t "~L:'lIHI::D 8HOULO UNFORESEEN PRQBLE:MS OR /'DV~RSE WU'.I:.r1 C(>I~OrrtONS ....RISE AFTER THE WORK HAS STARTED. fSTIMA TED JOB COST _." ESTIMATED BY __ '_'" .'--." If) 39'Vd SN1.:J00C:J 'S')1 5b9U8t>9gL '" "'-"-"".-. .....f... '. / Et> :b~ GBP~ I- ~ 2 V V ,'\ \ U r Attachment #3 B A EN IVVC>C>D QUOTATION ROOFING & ALUMINUM WORKS LTD. 22 Line 14 South, RR 1, Orlllle ON L3V 6H1 Phone: (706) 467-2664, Fax: (70S) 32e.Q898 Webalte: www.brentwoodl\d.com Shingles' Flats. Bur. Rubber' Vinyl & Wood Siding' Soffit. Fascia mless Eavestrough, Windows. Doors (RESIDENTIAL, COMMERCIAL & INDUSTRIAL) te: i/.1o..4-1/O;( Telephone: - ~ G ... & 7g~ ...."....__ ntact: __Su.SCLt"L-~ Fax: , . ... jJ{,p-:..99.4..--.----... ress: ::lClf-tO.:t.t.. -G:?~_rX'K.>tYl.~-j~f..,,-~~L ~rip\ion: ~Ci..Pn-_}:' Qj_S-f!.t2S <0 e ~ s 1- i >'\~___~~ TI.'> 8 ~=-J5..___ r; .!:alp:: , To. f;JL~ ~. &. S','u I fA II?? L'L~'1-~_A! {.A./ . e ..v.t1.e -to.. t.. LJ a (/ ey. R () ~'f_OL{.. . ~~{L S. h. ~ V\ ~ (I' S' ....n ._-_~:~ ~g_Cl.t._.O C~ P {J ~.e JllL_.1".Q.1LQ.d~1~sL12clLL$-.:...._..$~,r- u.J <3'~M .. _._...~_.__. --..................... .. QUANTITY UNIT PRICE TOTAL .,. '-0-- ..... -, ...~~--- HINGLES --.-._.._._0' LAT ENTS ALLEYS LASHINGS E & WATER SHIELD ....-....... -~ VES STARTER OOD"REPLA~~~ENT oo~..'t:~._~ONTRACT/'t ~tl.f:/ ---.. .......- I ..._-... PlY I ....--.-. .... -....-"'..... -'-'" size size -...-...... ..... .-.. .....- .-. -.. ........ .....,. ..- ...-...... ". .......-- __ n ,"n.. i I I \ ......-.-.- .00 S f..I ~_ 'f 111/3./'1 ".....--- Firiancing'AvaUable . ()Je on oellvery ot work u~es8 credit has been previously arranged. lIIe subject to our standard terms and COndltiOfl$. est per monlh charged on overdJ8 ~ount&, tull cO\Ierage lability insurance G.S.T.138582600 not r&eponslble lor acta of God won ae wind, fire or Ice beckup. ation Acceptance: ------7' -=::::h7 s Representative: ~.L.Li /.2;';V ~, SUBTOiA[ .. G.S.T. AMOUNT DUE Date: -- V T : (:'(;\ ?i7I0Z' L0 "h'EW 8b86s;::~seL.1 'ON :NOHd 9N I 300C! aoor'UN3C!8 : WOC!.::J t "" i ,~~ .= Attachment #4 Phone: 325- '805 or 326-99 1 7 A & G ROOFING CPO'61.c by Audia Roofing CorpoTCilion Llmilea 10 Brammer Dr., Unit -#6. Gritlia, Ontario, L3V 7T 4 CONTRACT PROPOSAL To Jarratt Community Ha!J c\c Susan Grant May 13, 2002 1};'d.~ Fax Nc: 326-9827 J:>I!IITSiT: 'Th. IlndC'sil!"ed pn>p"s<e 10 furoJoh.lJ tn.~riA1s a:)C\ perform .u labour noc<'6SQry tc compJete c..\l th~ work d>>,..".ioo.;! 1>e1\)w; Re: Roof on Jarratt Community ~-ial! Strip off existing roof and clean Gras of an debris. To !nstall: 1. 2 Rolls of G:ace Watershield on 'cront entrance 2. 25 Year Shingles 3. New Flashing and Vents Please Ncte: 1. All contract prices are subject to 7% G.ST. 2. There will be an additional cost for T!ppage Fees as itlc.!..med. AU of In.. ..b.ove '>Iork to b<; comp1eted 11\ a go<>d end warh.manli.'<e mAnner !t>r I",,:rom tll. Seven thousand I two hundrec 3nd fifty dollars ,..*..uu*,..,....,._.._..,..,..,."..-n-......,..,.",...,.."""'~";nt,,~,,,t:.' ($ 7 ,250.00 ) Dolhm. Paymenu to ~ mild. ... fo11o.....; ... \ ~. '1'hi$l>ro?O~~1 is 11\~d. on t~ basi. d~ur"i"t m"l~ttJ and hbcu:- ~""ta. A diiay in lI<:~pu:ncw ;>is=.... ~b"" ............,..,...............:::-......................... day~ wJU reqult~" ""''"'... of the proposal and re-de.ting befOl'e.he agr~me!lt becomes bil1dhg. P....!)<'Cttol!y ^S"bmittt"d. ACCEPT AN .................~..,,'" y",."... h~r.by .~~.....;.;;~;.a:.~i",.,,;..!, ..n;;:.;;i..r....I~ :II;:;dUi\i<5u, ,<> compjiiln.l>...."rk"''''''lion~iZ11.ho''I..,y~ P'(>!X>'''I. iOT ...tu,h th~~nder9ign<,d 01':','" paylM arn(.\.II;t mentioned in !I. IUd proposal. and ..cc:ordinJ;! 1.0 th.. t.I:!m1s th"Teot DatIL. . ............................................ ......_...U........H............. ,..' ....._,.............."........................................ ................... .................. ..................... WHITE COpy.. RETURN WITH SIGNATURE CANARY COpy - CUSTOMER COpy J & M CDNSTRUCTIDII RR#3 Coldwater - Ontario lOK 1 EO Phone 705-835-6167 John Botman PRICE QUOTE Date: May 26, 2002 To: Jarrett Community Hall Horseshoe Valley Road Jarrett, Ontario Re: Painting of front entrance way to doors leading into basement. Painting doors and trim with high gloss finish paint. Painting male and female bathrooms (the dark brown areas only). Painting auditorium (green areas) to color of choice. Labor and materials $3,120.00. Attachment #5 Extra: Painting wood paneling to color of choice (above green in auditorium and bathrooms). Labor and materials $2,930.00 Total amount: $6,050.00 ( j r- ( - r \ ('. H '.I./t\:,l:- \\"Vl~ j .~.\ Lr\ " I To: JiJ !tI'L~ -11 t'~b-~.' ~ 'A' II ~~, ..rP- - .5" t-J """'. tJ,. ~,411 r. 3J(, 71';; '1 (~~x) ~;2. (, it 7!f (1/ ~/,). Date ;;k> /~'- . / I ,j// \- \,;-1 \;'-.J I \:\,; c-- Attachment #6 led Delivery Date ~GO c; 0' 2-. ~ We thank you for the opportunity of submitting the following prices and specifications. , . : . .-: i . .: ~ ~ DesCtipfion ,:. :.:.:~~kfn&Sr;;:.;him/!fji~h:I~ 1J6Mi-k ~" 1"'11-,4,1') "y! 0-"'" . This quotation is only valid'for: ~'~AI1 c.fl-".II'~ -r . By -,:::.;"" E ?~ -;. ; - r L t I h yi'A- 1 . ~klt<; k(;~;~1 PST Total ')47879 J_ ~ '. ... . i I; I; 72-~ 17&:f/ -]L3~Lt:.jl This is not an invoice Ci) a..tEI.JNE' DC 1 61 t Attachment #7 Chris Carter From: Sent: To: Subject: Thom Win [THOMWIN@mcw.on.ca] Thursday, June 20,20028:11 AM Chris Carter Jarrett Hall Chris: I drove by Jarrett earlier this week and can see no evidence of the roof sagging etc. that would indicate the need for a structural review. However 1 if you do wish a more thorough visit our fee to do a visual review and research any problems would be $200.00 plus GST. Best regards, Bill Thompson 1 Attachment #8 Chris Carter <~. From: Sent: To: Subject: Thom Win [THOMWIN@mcw.on.ca] Tuesday, June 25, 2002 7:20 AM recreation@township.oro-medonte.on.ca Re: Roof at Jarratt Hall! Chris: I drove by Jarrett Hall and can see no sagging of the roof or other obvious symptoms of a problem. The hall appears sound and time is the best test- so I doubt that a review is warranted. Bill Thompson ---------- > From: recreation@township.oro-medonte.on.ca > To: THOMWIN@mcw.on.ca > Subject: Roof at Jarratt Hall! > Date: Friday, June 21, 2002 12:08 PM > > Hi Bill! I'm sorry to bother you again, but I was wondering if you could > provide me another letter stating your opinion regarding Jarratt Hall roof. > I'm having problems clarifing the message. > > Thanks a lot, > > > Chris Carter > Recreation Co-ordinator > Township of Oro-Medonte 1 !4U-f / i I ,. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LA W NO. 2002-077 BEING A BY -LA W TO ADOPT STAFF AND COUNCIL TRAINING AND DEVELOPMENT POLICIES AND PROCEDURES. WHEREAS it is deemed necessary and expedient to pass a by-law to establish and adopt Staff and Council training and development policies and procedures; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. THAT the attached Schedule "A" shall constitute the Township of Oro-Medonte's Staff and Council training and development policies and procedures. 2. That this by-law shall come into fun force and effect upon final date of passing. BY -LA W READ A FIRST AND SECOND TIME THIS 26TH DA Y OF JUNE, 2002. BY-LA W READ A THIRD TIME AND FINALLY PASSED THIS DA Y OF ,2002. THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SCHEDULE "A" TO BY -LA W # 2002-077 TOWNSHIP OF ORO-MEDONTE STAFF TRAINING AND DEVELOPMENT POLICIES AND PROCEDURES GENERAL STATEMENT OF POLICY It is the policy of The Corporation of the Township of Oro-Medonte to encourage employees in the upgrading of skills, knowledge and qualifications in order to increase current job performance and the potential for assuming increased responsibilities. The Corporation of the Township of Oro-Medonte recognizes the need for and the benefits which accrue from effective training and development programs which can serve to raise the performance level of individual employees and the general quality of performance of the municipal administration. PURPOSE The purpose of this policy is to: a) Attract and retain competent employees who are concerned with their personal development and interested in building a rewarding career with the municipality. b) Provide, on an equitable and consistent basis, the method of meeting the training and development needs of municipal employees in accordance with individual and organizationaJ needs, requirements and objectives. c) Help enrich the work experience of municipal employees, allowing greater satisfaction and preparation for assuming increased levels of performance and responsibiJity. TUITION RE-IMBURSEMENT - EDUCATIONAL COURSES Eligibility: a) To qualify for financial assistance, an individual, prior to enroHing in a particular course of study, must be a permanent full-time employee of the municipality or a member of council. b) The course of study requested by an employee for financial assistance must have a direct application to present or anticipated future job responsibilities. f Procedures: a) Formal application must be made on the pTescribed form prior to enrollment. A copy of the application shall be fOTWarded to the C.A.O. b) Applications wiH be approved by the appropriate individual as fo]]ows: Staff Department Head Council C.A.O. by Department Head by C.A.O. by Council resolution by Mayor c) The individual wiH be re-imbursed for the following costs: it' i) ii) iii) tuition or registration fees text books exam fees d) Attendance at evening courses wili not be considered overtime. jti.o.~;;( 1'1 CJt .. ~ CONFERENCE. CONVENTION AND SEMINAR ATTENDANCE Eligibility: a) To be eligible for convention, conference or seminar attendance, the individual must be a employee, a member of Councilor a committee of Council. Procedures: a) Formal application must be made on the prescribed conference/seminar request form prior to enrollment. b) Applications will be approved by the appropriate individual as follows: Staff Department Head Council C.A. O. Committee Member by Department Head by C.A.O. by Council resolution by Mayor by Department Head c) The municipality shall assume all allowable costs associated with attendance at approved activities including: i) Registration fees ii) Kilometrage at the effective municipal rate per kilometer iii) Accomodation expenses iv) Meals v) Parking vi) Other related expenses d) Once approved, conference expenses such as registration fees and accommodation can be paid in advance. e) Advances are acceptable for known expenses but must be followed up with the prescribed expense statement detailing actual expenses. f) Receipts for authorized expenses will be submitted for approval along with the prescribed expense statement. g) Prior to processing by the Treasury Department, the Conference / Seminar Expense Statement will be approved for payment by the appropriate individual as follows: Staff Department Head Council C.A.O. Committee Member by Department Head by C.A.O. by C.A.O. by Mayor by Department Head h) When attending a training session or conference, an employee is not eligible for overtime. BUDGETARY COMMITMENT Each department shall provide in its annual budget an allocation for the costs relating to anticipated participation in training and development activities. Pape 2 on , , ,.t..-: TOWNSHIP OF ORO-MEDONTE APPLICATION FOR STAFF TRAINING / DEVELOPMENT ASSISTANCE NAME: DEPARTMENT: PRESENT POSITION: NAME OF COURSE: NAME AND ADDRESS OF INSTITUTE: DATE (S) OF COURSE: LOCATION OF PROGRAM (if different from above): CLASSROOM HOURS: COST OF COURSE: OTHER COSTS: TEXT $ EXAM FEES $ HOW DOES COURSE RELATE TO THE EMPLOYEES WORK? applicant date APPROVAL: Signature Position Date !/I r _ h 1"1 VI _/ j . I TOWNSHIP OF ORO-MEDONTE CONFERENCE / SEMINAR EXPENSE STATEMENT NAME: ADDRESS: DESCRIPTION CONFERENCE/SEMINAR: DATE (S) ATTENDED: EXPENSES: Per Diem Rate (applicable to Members of Council) $75.00 - Yz day $150.00 whole day $ Kilometrage lan. at $.35 per Ian Accomodation - hotel/motel (actual cost) Parking (attach receipts) Meals (attach receipts) Other Expenses (specify & attach receipts) TOTAL EXPENSES $ SUMMARY: Total Expenses $ Total Advanced Total Owing $ signature date APPROVAL: Signature Position Date TOWNSHIP OF ORO-MEDONTE -0 CONFERENCE / SEMINAR EXPENSE STATEMENT NAME: ADDRESS: DESCRIPTION CONFERENCE/SEMINAR: DATE (S) ATTENDED: EXPENSES: Per Diem Rate (applicable to Members of Council) $75.00 - Yz day $150.00 whole day $ Kilometrage km. at $.35 per km Accomodation - hotel/motel (actual cost) Parking (attach receipts) Meals (attach receipts) Other Expenses (specify & attach receipts) TOTAL EXPENSES $ SUMMARY: Total Expenses $ Total Advanced Total Owing signature date APPROVAL: Signature Position Date TOWNSHIP OF ORO-MEDONTE 148 Line 7 South, Box 100 ORa ON LOL 2XO Phone 705-487-2171 Fax 705-487-0133 Statement of Milea~ Period from to EMPLOYEE'S NAME: Date APPROVED BY: ~ f i 10 ......, .-' f ! Particulars Mileage GENERAL LEDGER: 146 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-65 Being a By-law to delegate the Head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, 1990 and to appoint a FOI Committee. WHEREAS Section 49 of the Municipal Freedom of Infonnation and Protection of Privacy Act, R.S.O. 1990, as amended, Chapter M.56, provides for the head to delegate the power or duty granted or vested in the head to an officer or officers of the institution; AND WHEREAS Council deems it expedient and unbiased to delegate this authority to officers of the municipality; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the Corporation establishes a Freedom of Infonnation Committee, to be recognized as the FOI Committee; 2. That the Freedom of Information Committee be designated as head for the purposes of the Municipal Freedom of Information and Protection of Privacy Act, 1990. 3. That the following positions within the Township make up the FOI Committee; Records Management Clerk as Coordinator, and the Chief Administrative Officer, Treasurer, Clerk as members. 4. That all duties and responsibilities associated to this appointment be carried out as provided for within Municipal Freedom of Infonnation and Protection of Privacy Act; 5. That By-law # 94-21 and # 96-60 are hereby repealed in their entirety; 6. That this By-law comes into full force and takes effect on the final passage thereof. Read a first and second time this 26th day of June 2002. Read a third time and finally passed this day of THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook ; , '1'1-"",,",'11 ""-"1".."""'.'11"'"', ...- .-....-.... -. SITE PLAN CONTROL BY-LAW NO. 2002-078 -..- ...---... - I L/ C - / Being a By-Law to Authorize the Execution of a Site Plan Control Agreement Between Albert Francis Edstrom and The Corporation of the Township of Oro-Medonte, described as lands as follows: Part of Lot 21, Concession 9 (former Township of Oro) being all of PIN #58549-0049 (Lt) Township of Oro-Medonte 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 26th DAY OF JUNE, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook .I ,- f APPENDIX "B" SITE PLAN AGREEMENT - between - ALBERT FRANCIS EDSTROM - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Pt. Lot 21, Concession 9 (former Township of Oro) Being all of PIN #58549-0049 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE May, 2002 By-Law No. 2002- / ..~ --.. '-- '- 1-- 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 "En 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 - /Lj C~3 SITE PLAN CONTROL AGREEMENT 11 l f --- _ L.,,;I 7!>of L This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. 2002, in BETWEEN: ALBERT FRANCIS EDSTROM 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 100' x 60' shop on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 1. COVENANTS BY THE OWNER ;' ! / I ~- J ~ , - L The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands nor any use made of the subject lands with respect to the proposed development except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies. 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 words "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 TransferslDeeds, Discharges and Easements or other documents required by Schedule "C", as well as certification from the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 100' x 60' shop described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. , ~ , ,/ Ii / '-/ C - (r I V 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan attached hereto as Schedule "B". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause 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 and such parking areas, loading and access 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 and Township of Oro-Medonte. d) Outside Storage Outside storage shall be set back 6.0 m from any lot line, 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. 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. 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: 5 I ( C -7 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 "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the 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 Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confirmation by the Township or its agent that the Owner's obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) day's 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. 7. CO-OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications as required for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 6 II//" r'" 1C-'t;; 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 ) 6/~wI ~~~ ' ) Owner: Albert Francis Edstrom ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) SCHEDULE" A" J I /'> ! L/ /"' fA If l - I NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Ora-Medonte and Albert Francis Edstrom. LEGAL DESCRIPTION OF LANDS Pt. Lot 21, Concession 9 (former Township of Ora), being all of PIN #58549-0049 (Lt). 8 NOTE: SITE PLAN , J /"" ( -; V SCHEDULE "B" . It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Albert Francis Edstrom. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 SCHEDULE "C" ///(-_1/ '/'-- I NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Albert Francis Edstrom. 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 10 SCHEDULE "0" IY c ~!;;Z NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Albert Francis Edstrom. 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. N/A II THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY-LAW NO. 2002-079 lL(d-j Being a By-Law to Authorize the Execution of a Site Plan Control Agreement Between Stanfred Holdings Ltd. and The Corporation of the Township of Oro-Medonte, described as lands as follows: Part of Lot 41, Concession 1 (Township of Flos) being Part 1, 51R-12378, being all of PIN #58365-0056 (Lt) Township of Oro-Medonte 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 26th DAY OF JUNE, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn pennycook May, 2002 By-Law No. 2002- APPENDIX "B" f r 14d-~ lC t5;- LA v::) ;200;)-7 f SITE PLAN AGREEMENT - between - ST AN FRED HOLDINGS LTD. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Pt. Lot 41, Concession 1 (Township of Flos) Being Part 1, 51R-12378 Being all of PIN #58365-0056 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "S" Schedule "C" Schedule "0" Schedule "E" !~O- 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 : SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. 2002, in BETWEEN: ST ANFRED HOLDINGS LTD. 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 475 m2 addition to the existing food store on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to provide for the designation of the lands as a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: fLlt/--1f 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A", attached hereto. and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. c) No work shall be performed on the lands nor any use made of the subject lands with respect to the proposed development except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner shall, prior to the execution of this Agreement, pay all Municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, Planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner" unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $200.00. 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 Transfer/Deeds 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 475 m2 addition to the existing food store described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. .l HO-!::) 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan attached hereto as Schedule "S". b) LightinQ 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 Sy-Iaw No. 97-95, as amended, and the Ontario Suilding Code Regulation #419/86 and such parking areas, loading and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed as in Schedule "8", attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "S". 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 "S", as soon as weather permits and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. 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. 5. SECURITY Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work"), the following securities: JL-fd- b 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 "E", with an automatic renewal clause in the amount of one hundred percent (100%) of the estimated costs of the 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 tenns 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 tenns of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans submitted and upon confinnation by the Township or its agent that the Owner's obligations under this Agreement have been completed. the Township will return said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement. it becomes necessary for the Township to realize on its security or deposits, then the Township shall give. by registered mail, twenty-one (21) day's 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 perfonnance 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. 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. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto and upon the lands described in Schedule "A", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registerea on title. f. 1/1 ! ~!' M~ ; .. . " (J ., 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, ciaims 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 ha~~:::e:::~:r :~:=:::::on~d in ilia' ~~ ) T ANFRED HOLDINGS LTD. ) Owner: Steve Watson ) Has the Authority to Bind the ) Corporation ) ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) lifd'~~ /i &,1 (1/ - t.4 l t 'c 1 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Stanfred Holdings Ltd. LEGAL DESCRIPTION OF LANDS Pt. Lot 41, Concession 1 (Township of Flos), being Part 1, 51 R-12378, being all of PIN #58365-0056 (Lt). ~ NOTE: SITE PLAN SCHEDULE "8" It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Stanfred Holdings Ltd. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. R. G. Robinson and Associates, Drawing No. G-1, revised dated March 7, 2002. Liberty Engineering Traffic Impact Study dated April 15, 2002. q 7\ o 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 Stanfred Holdings 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 bome 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 10 )1d'/ // SCHEDULE "0" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement oerween me T ownsnlp of uro-ivieoomt: ana ':'lanifeo MOlolngs Ltd. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT Asphalt spillway and additional parking spaces $ 800.00 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. $ 800.00 II !itd ~/~. 14 e - I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-080 Being a By-law to Authorize the Execution of a Subdivision Agreement between The Corporation of the Township of Oro-Medonte and BestPro Corporation WHEREAS, Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P.13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval ot a plan ot subdivision and such agreements may be registered against the land to which the subdivision plan applies being Parcel 10-1, Section 51-0ro-5, Part of West Part of Lot 10, Cone. 5 (former Township of Oro), Part 1,51 R-27833, Being all of PIN #58636-0050 (Lt), Township of Oro-Medonte, County of Simcoe. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, a Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule '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 26th day of June, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook :5 C !II?]) LI t.E fA- d /J;~ If.~ ~F' "'~ ~\~ ,'," ~1 '\~ j /\ il P _ I 7 l c--. SUBDIVISION AGREEMENT - between - BESTPRO CORPORATION - and - THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE DESCRIPTION OF LANDS Parcel 10-1, Section 51-0ro-5 Part of West Part of Lot 10, Cone. 5, Oro Part 1, 51 R-27833 Being all of PIN #58536-0050 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE June,2002 By-Law No. /public works/2002 subdivision agreements/standard subdivision agreement Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Schedule "A" - Schedule "B" - Schedule "C" - Schedule "0" - Schedule "E" - Schedule "F" - Schedule "G" - Schedule "H" - Schedule "I" Schedule "J" Schedule uK" - TOWNSHIP OF ORO-MEDONTE SUBDIVISION AGREEMENT TABLE OF CONTENTS General Requirements Lands, Plans and Representations Requirements Prior to Execution of Agreement Pre-Construction Requirements Financial Requirements Staging or Phasing Construction Requirements Building Permits and Occupancy Maintenance and Acceptance Default Provisions SCHEDULES 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 " ~ -<. 1 "--"' TOWNSHIP OF ORO-MEDONTE THIS AGREEMENT made as of the day of ,2002. BETWEEN: BESTPRO CORPORATION (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 (43T-93016) has been issued for the proposed subdivision, which requires that the Developer must satisfy all the requirements, financial and otherwise, of the Township, including the provisions of certain Municipal Services; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and for other good and valuable consideration and the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Township to the Developer (the receipt whereof is hereby acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND AGREE WITH ONE ANOTHER AS FOLLOWS: - I ~.t C -.-J PART. 1 GENERAL REQUIREMENTS 1.1 DEVELOPER'S CONSULTING ENGINEERS The Developer shall employ Engineers registered and in good standing with the Association of Professional Engineers of Ontario: 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 To prepare designs in accordance with the Township of Oro- Medonte Engineering Standards and Drawings (dated October, 1997). To prepare and furnish all required drawings and specifications. To prepare the necessary contract(s) and provide contract administration. To obtain the necessary approvals, in conjunction with the Township, from the Ministry of the Environment, the Ministry of Natural Resources, the Township of Oro-Medonte, Ministry of Citizenship, Culture and Recreation, County of Simcoe, 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. -+ 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. All line data depicting property boundaries must be mathematically closed to form polygons. The lines, which describe the boundary of all properties created within the Plan of Subdivision, will be isolated on a unique layer/level. In certain cases, some of the line segments will coincide with the location of concession lot lines, registered plan data, open roads, rivers, and lakes. PLAN OF SUB layer/level will outline the property boundaries in the form of enclosed polygons. LA YERlLEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (2) The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LA YERlLEVEL PL 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 General Location and Lot Grading Plan or with an approved variation. (NOTE: That a Professional Engineer could also be retained to provide the aforementioned and any cost incurred by the Township will be the responsibility of the Developer or individual lot owner). To prepare and provide the Township, for each lot or block within the plan, a certificate of final grade elevation, indicating that the property has been developed in conformity with the General Location and Lot Grading Plan or with an approved variation. (NOTE: That a Professional Engineer could also be retained to provide the afore-mentioned and any costs incurred by the Township will be the responsibility of the Developer or individual lot owner). 5 ! 4-1 - I I ['- I 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: Bernie Still 1833 Quantz Crescent INNISFIL, Ontario L9S 1 X2 (705) 721-4612 Orby Facsimile Transmission to: (705) 721-4902 In which case, notice shall be effective as of the time and date of successful transmission thereof. The Developer shall be responsible for notifying the Township Clerk, in writing, of any change(s) in his principal place of business. 1.3 REGISTRATION The Developer consents to the registration of the Subdivision Agreement by the Township and at the sole discretion of the Township upon the title of the lands, the registration expenses shall be included as a legal expense to the Developer. 1.4 VOIDING AGREEMENT In the event that the Plan is not registered within one year from the date of signing this Agreement, the Township may, at its option, declare this Agreement to be null and void. 1.5 MORTGAGEE BECOMING DEVELOPER The mortgagee(s) hereby agrees that in the event of him/they becoming the Developer(s) of the lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially or in trust, then the mortgage(s) shall be deemed to be postponed to this Agreement and any lands registered in the name of the Township shall be free of the mortgage(s), and the mortgagee(s) agrees to register a discharge of the mortgage(s) on those lands, if called upon by the Township to do so, and he/they shall be subject to the terms of the Agreement as though he/they had executed this Agreement in the capacity of the Developer. 1.6 ASSIGNMENT OR TRANSFER OF MORTGAGE The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage(s) on the lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as if the assignee or transferor has executed this Agreement. 6 lilP -6 1 I L 1.7 LANDS FOR MUNICIPAL PURPOSES The Developer agrees to grant good title in fee simple free and clear from all encumbrances unto the Township, lands for municipal purposes other than roads, which shall be mutually agreed upon by the Developer and the Township or to make a cash payment in lieu thereof, as provided by Section 51.5 of the Planning Act and required by the Township of Oro-Medonte. The Developer also agrees to certify good title to lands by the Developer's solicitor. The deeds for the said lands are to be approved by the Township's solicitor and thereafter, forthwith, registered and deposited with the Township Clerk. The Developer shall pay the cost for preparation and registration of the said deed. The Developer shall provide to the Township's solicitor, certification of good title, free and clear from all encumbrances. 1.8 EASEMENTS The Developer agrees to grant, at his expense, all such easements and rights-of-ways as may be required for the installation and supply of services to the subdivision and to deed lands to the Township, as set out in Schedule "G". The Developer also agrees to certify good title to easements and right-of-ways by the Developer's solicitor. Prior to executing this Agreement, all known easements shall be filed with the Township in a form approved by the Township's solicitor. A list of easements and rights-of-way shall be set out in Schedule "G" of this Agreement. 1.9 HYDRO AND TELEPHONE Prior to the Township releasing this proposed Plan for registration, the Developer shall provide the Township with a letter from the electricity supplier and from the telephone supplier, stating that the Developer has entered into a satisfactory agreement(s) with them with respect to the costs of installing underground wiring and financial contributions in this regard. The cost of any relocations or revisions to existing private companies' plant and equipment, which are necessary to accommodate this subdivision, shall be borne by the Developer. 1.10 SIMCOE COUNTY BOARDS OF EDUCATION WARNING The Developer agrees to advise all prospective purchasers that there are no schools planned within this subdivision, or within walking distance of it, and that enrolment within the designated public and catholic school sites in the community is not guaranteed, and that pupils may be accommodated in temporary facilities out of the neighbourhood schools' area. This clause is to be placed in any Agreement of Purchase and Sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as lots may not be sold or built upon for some time. 1.11 CANADA POST The Developer agrees to construct a site to the specifications and standards of Canada Post and the Township, as required for the construction of mailboxes by Canada Post. (-'- '- 1.12 MINISTRY OF THE ENVIRONMENT The Developer, and each individual lot owner, agrees to comply with the requirements and recommendations of the hydrogeologist's report prepared by Ian D. Wilson and Associates limited dated October 2, 1990, Addelldum No.1 dated March 29, 1993 and Addendum NO.2 dated June 20, 1995. In addition, the Developer shall notify each prospective purchaser of a lot(s) that: a) Wells should only be constructed into the water supplies that had their quality confirmed through testing; b) Elevated Manganese concentrations are possible and may require treatment for aesthetic reasons; c) In-house treatment systems will be required to provide water quality (potable). 1.13 WARNING TO PROSPECTIVE LOT DEVELOPERS The Developer shall provide copies of Clauses, 1.1.11, 1.1.12 and Note of 1.1, 1.10,1.11,1.12,5.5,5.7.2,7.3,7.9,7.16,8.1,8.1.1, 8.2, 8.3, 8.4, 8.5, 9.8 and Schedule "F", to each prospective purchaser of a lot(s). 1.14 SAVE HARMLESS The Developer covenants and agrees with the Township, on behalf of itself, its successors and assigns, to indemnify and save harmless the Township, its servants and agents from and against any and all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any work performed by the provisions of this Agreement. The Developer further covenants and agrees to release and forever discharge the Township from and against all claims, demands, causes of actions, of every nature and type whatsoever that may arise either as a result of the failure of the Township to carry out any of its obligations under this Agreement, or, as a result of the Township performing any municipal work on the said lands or the adjacent properties which may damage or interfere with the works of the Developer, provided that such default, failure or neglect was not caused as a result of negligence on the part of the Township, its servants or agents. 1.15 ENUREMENT This Agreement shall endure to the benefit of and be binding upon the parties and their heirs, executors, administrators, successors and assigns. s I/', /1/::;:;, _ ' , i-rL - I v PART - 2 THE LANDS, PLANS AND REPRESENTATIONS 2.1 SCOPE OF AGREEMENT 2.2 DESCRIPTION OF LANDS The lands affected by this Agreement are the lands described in Schedule "An hereto. 2.3 PLAN REFERENCE For the purpose of this Agreement, references are made to the Plan of Subdivision, attached hereto, as Schedule "B". Any further changes in the said Plan, or any changes in the Conditions of Draft Approval issued by the Township of Oro-Medonte, may necessitate a change in the provisions of this Agreement. 2.4 CONFORMITY WITH AGREEMENT The Developer covenants and agrees that no work shall be performed on the said lands except in conformity with: 2.4.1 The provisions of this Agreement, including the Schedules hereinafter referred to. 2.4.2 The Plans and Specifications submitted to and accepted by the Township as being within its design criteria including, without limiting the generality of the foregoing, the Drawings listed in Schedule "C" of this Agreement, along with the Storm Water Management Study prepared by Reinders and Associates (Barrie) Ltd. dated February 24, 1999: Drawing No. Description 7104-LG 7104-ST 7104-EL 7104-PA 7104-01 7104-02 71 04-03 7104-04 7104-05 71 04-06 7104-07 71 04-08 7104-SD1 7104-SD2 7104-LEG Lot Grading Plan Storm Drainage Plan Electrical Plan Park Development Plan Plan and Profile-Lindie Lane - STA. 0 to 280 Plan and Profile-Lindie Lane - ST A. 280 to 560 Plan and Profile-Lindie Lane - ST A. 560 to 840 Plan and Profile-Lindie Lane - ST A. 840 to 960 and Block 33 Fire Reservoir Plan and Profile-Drainage Ditch - ST A. 0 to 300 Plan and Profile-Drainage Ditch-ST A. 300 to 490 Plan and Profile - County Road #11 Plan and Profile - 4th Line Standard Details Standard Details Legal Drawing 2.4.3 All Plans and Specifications submitted to and accepted by: 2.4.3.1 2.4.3.2 2.4.3.3 2.4.3.4 2.4.3.5 2.4.3.6 Ministry of the Environment Township of Oro-Medonte Nottawasaga Valley Conservation Authority County of Simcoe Ministry of Natural Resources Ministry of Culture, Tourism and Recreation 9 liL if 2.4.4 All applicable Township By-Laws, including any applicable Site Plan Control By-Laws. 2.4.5 All applicable Provincial and Federal Legislation and also including the Federal Fisheries Act. 2.5 RELIANCE UPON REPRESENTATIONS The Developer acknowledges that: 2.5.1 It has made representation to the Township that it will complete all Municipal and other works required herein, in accordance with the Plans filed and accepted by the Township and others, and; 2.5.2 The Township has entered into this Agreement in reliance upon those representations. 2.6 SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement: Schedule "A" - Schedule "B" - Schedule "C" - Schedule "D" - 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. iO I ,i I,a p - ! '- , ' if". r;, PART.3 REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT 3.1 Prior to the execution of this Subdivision Agreement by the Township, the Developer shall: 3.1.1 Taxes - have paid all Township tax bills issued and outstanding against the said lands. 3.1.2 Deeds and Easements - have delivered to the Township and County of Simcoe, 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 and County of Simcoe 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" and "F". 3.1.5 Construction/Engineering Plans & Specifications - have supplied to the Township, those plans and specifications necessary to identify the construction/engineering aspects of the proposed development, and have received from the Township an acknowledgment of conformity with general design concepts of the Township. 3.1.6 Electricity - have supplied to the Township for approval, those plans necessary to identify the electrical distribution system, lighting requirements, and power supply to each lot or building or unit, as the case may be, and these are to be to the required Township standards which includes underground wiring. 3.1.7 Insurance Certificate - file with the Township Clerk, an insurance certificate confirming those coverages specifically set out hereafter. 3.1.8 Consulting Engineer's letter - ensure that each Consulting Engineer (who must be experienced in the field of Municipal services) for the Developer, file with the Township, a letter confirming the terms of his retainer, and which letter shall be in draft format supplied by the Township. 3.1.9 Utilities and Canada Post Confirmation - arrange for the Electrical Distribution Utility, Bell Telephone, the Natural Gas Utility, Cable T.V. and Canada Post, to write a letter to the Township Clerk confirming that: 3.1.9.1 They have been informed of the project and have seen the development plans. 3.1.9.2 Satisfactory arrangements have been made with them for servicing the subdivision without expense or obligation on the part of the Township. 3.1.9.3 Easement requirements, if any. 3.1.10 land Ownership- be the registered owner in fee simple of the lands described in Schedule "A", and that there will be no encumbrances registered against the said lands. II c- 3.1.11 Approvals - obtain and file with the Township, confirmation approvals from the following: 3.1.11.1 Ministry of the Environment 3.1.11.2 Township of Oro-Medonte 3.1.11.3 Ministry of Natural Resources 3.1.11.4 County of Simcoe 3.1.11.5 Ministry of Citizenship, Culture and Recreation 3.1.11.6 Nottawasaga Valley Conservation Authority 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 the proposed plans for fire protection, or other equipment, or appurtenances required. ~. i2 !LfeJf ....J f , , ( , ! J' , -/'1 PART.4 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 plans and profiles. 4.1.3 Certificate of Approval Submit to the Township, the Ministry of the Environment's Certificate of Approval for Storm Sewer Works and detention facilities. 4.1.4 Contractor The said services shall be installed by a contractor or contractors retained by the Developer and approved, in writing, by the Township Engineer. The Township and Township Engineer are to be provided with the names and phone numbers of personnel responsible for the works, including emergency phone numbers. 4.1.5 Scheduling of Works Prior to the start of construction, the Developer shall supply for the Township Engineers, approval of a Schedule of Works, setting out the order in which he considers the various sections of the works within the Plan will be built. The Township Engineer may amend this Schedule and the Developer shall construct, install or perform the works as the Township Engineer, from time to time, may direct. In any event the Schedule, or amended Schedule, as the case may be, shall conform to the requirements of Clause 4.1.8. 4.1.6 Erosion and Siltation Control The Developer must take all necessary precautions to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream prior to and during construction and upon completion of servicing of the subdivision. Failing adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. 13 A Storm Drainage and Siltation Control Plan shall be prepared by the Developer's Engineer for approval by the Township Engineer, the Ministry of Natural Resources, and the Nottawasaga Valley Conservation Authority. Prior to any grading or construction commencing on the site or final approval and registration of the subdivision, the Developer's Engineer shall submit the Plan for approval by the Township Engineer, the Ministry of Natural Resources, and the Nottawasaga Valley Conservation Authority. The Plan shall detail the means whereby erosion and siltation and their effects will be minimized on the site during and after the construction period. The Developer agrees to carry out, or cause to be carried out, the terms and conditions of "Fill, Construction and Alteration to Waterways", Permit No. 2001-7173, issued by the Nottawasaga Valley Conservation Authority on November 9,2001, and such work will be certified, in writing, by the Developer's Engineer and provided to the Township Engineer, the Ministry of Natural Resources, and the Nottawasaga Valley Conservation Authority. The Developer agrees to maintain all erosion and siltation control devices in good repair during construction. 4.1.7 Signs Signs at least 1.2 metres by 1.8 metres shall be provided and erected by the Developer at each entrance to the subdivision, at a location approved by the Township Engineer, and the signs shall read as follows: "ROADS NOT ASSUMED BY TOWNSHIP - USE AT YOUR OWN RISK" ~. ',' The signs shall be painted either orange or yellow with black lettering. These signs shall be installed prior to the commencement of construction and be removed after the issuance of the Certificate of Substantial Completion and Acceptance (Aboveground Services). 4.1.8 Notification of Commencement and Completion The Developer shall not commence the construction of any of the works until the Developer has provided forty-eight (48) hours written notice to the Township Engineer, of his intent to commence work. The Developer shall complete the works expeditiously and continuously for the first phase and all underground services shall be installed within one year of the day of registration of this Agreement, and all aboveground services shall be installed in accordance with the Declaration of Progress and Completion, as required under Clause 7.11 of this Agreement, but no longer than two years from the date of registration of this Agreement, unless extended by the Township Engineer. Subsequent phase shall be completed within a one (1) year time frame for underground services and two (2) years for aboveground services from date of commencement. Should for any reason there be a cessation or interruption of construction, the Developer shall provide forty-eight (48) hours written notice to the Township Engineer before work is resumed; If the municipal services to be constructed by the Developer under this Agreement are not completed and accepted by the Township within the above time frame, the Township may either: a) Give notice to the Developer to stop work on the said municipal services and to provide that no further work shall be done with respect to such services, until an amending Agreement, incorporating the standards, specifications and financial requirements of the Township, in effect as of that date, is executed by all parties; or 14 /1f~ -jb b) Give notice to the Developer to stop work on the municipal services and inform the Developer that the Township proposes to realize on its security and proceed with the completion of construction in accordance with the provisions of the Plans filed with the Township. 4.2 BREACH OF AGREEMENT If the Developer commences or causes construction of the works prior to satisfying the requirement of this Agreement, it shall be subject to the penalties identified in Part 10. 15 " lLJ P i '1"- l PART.5 FINANCIAL REQUIREMENTS 5.1 DEVELOPER'S EXPENSE Every provision of this Agreement, by which the Developer is obligated in any way, shall be deemed to include the words "at the expense of the Developer" unless specifically stated otherwise. 5.2 TOWNSHIP'S LEGAL, PLANNING AND ENGINEERING COSTS The Developer agrees to pay to the Township, the cost of the Township's lawyer and 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 electrical service is required for Township purposes, the Developer shall include the cost of installation and maintenance of the service. 5.5 DEVELOPMENT CHARGES, REAL PROPERTY TAXES AND OTHER LEVIES AND IMPOSTS a) Development charges and education development charges shall be payable on a per-lot basis prior to the issuance of the first Building Permit with respect to the particular lot. b) The Developer agrees to pay for all arrears of taxes or other Township or provincial charges, taxes or levies outstanding against the property herein described before the approval of the said Plan is obtained. The Developer further undertakes and agrees to pay taxes levied on the said lands, on the basis and in accordance with assessment and collector's roll entries until such time as the lands herein being subdivided have been assessed and entered on the Collector's Roll according to the Registered Plan. 16 JLft-f'c/ c) Before the Plan is approved, the Developer agrees to commute and pay the Township's share of any charges made under the Drainage Act and the Local Improvements Act at present serving this property and assessed against it. These charges are set out in Schedule "F" of this Agreement. NOTE: In addition to the Municipal development charges, the lots may be subject to County development charges and applicable development charges of any Public Utility Commission. 5.6 SECURITIES Prior to signing the Subdivision Agreement, the Developer will deposit with the Treasurer of the Township to cover the faithful performance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "K" 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. 17 , l 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 retumed 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 is i:::- , ~ L -]?er. estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. \, 5.7.2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General Location and Lot Grading Plan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be retumed. 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee hold backs, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 5.10 INSURANCE CERTIFICATE AND POLICY 5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents, against any liability that may arise out of the construction or installation of any work to be performed pursuant to this Agreement and for a period of one (1) year after completion and acceptance of the Township services to be constructed herein. 5.10.2 Comprehensive General Liability - such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive comprehensive general liability and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent contractor duly qualified to do such work; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5.10.3 Notice of Cancellation - a provIsion that the insurance company agrees to notify the Township within fifteen (15) days in advance of any cancellation or expiry of the said insurance policy. 19 -/ ., ~ J'fi I'~ l ~ "" 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. 20 14['- ! , PART.6 " \.. STAGING OR PHASING \') 6.1 STAGING OR PHASING The Township, in its sole discretion, may instruct the Developer to construct the services in particular stages or phases suitable to the Township, and the Developer must comply on terms to be agreed to by the Township, If the Township does not so instruct, the Developer, before commencement of any work, may request the Township's permission to divide the area of the subdivision into convenient stages. If the work is thus staged, as approved by the Township, then in lieu of furnishing cash payment or Letter of Credit, all as set out in Clause 5.6 for one hundred percent (100%) of the estimated costs, as approved by the Township Engineer, the Developer shall deposit security for part of the services the Township has approved. Before proceeding with an additional stage, the Developer shall obtain the written approval of the Township and no service will be permitted to be installed and no Building Permits issued until this approval has been received and additional securities deposited. When fifty (50%) of the lots of the subdivision or stages of the subdivision have been built upon and all the services have not been completed and approved by the Township Engineer, the Township reserves the right to refuse commencement of the next stage until all services have been installed and approved. In no event will further subdivisions of the Developer or stages of subdivisions of the Developer be approved if all services of the active stage approved by the Township Engineer have not been completed within a two (2) year period after registration of this Agreement. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until at least fifty percent (50%) of the lots on the subdivision or stage 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. 21 PART - 7 CONSTRUCTION REQUIREMENTS 7.1 WORKS TO BE INSTALLED The works to be installed are set out in Schedule "C" to this Agreement. This Schedule is to set out the works in general terms only and shall not be construed as covering all items in detail. The works are to be designed and constructed in accordance with the current Engineering Standards adopted by By-Law by the Township at the time of signing of the Subdivision Agreement. A copy of these standards is available at the Municipal Office. If at any time, and from time to time during the development of the subdivision, the Township Engineer is of the opinion that additional works are necessary to provide adequately any of the public services required by the Plan, the Developer shall construct, install or perform such additional works at the request of the Township Engineer. 7.2 CONSTRUCTION OF WORKS Following the registration of this Agreement, the Developer shall cause to be constructed, all requisite works in order to provide services to the lots and buildings blocks within the Phase. 7.3 PRESERVATION AND PLANTING OF TREES 7.3.1 The Developer must preserve all healthy trees within the limits of the subdivision, where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the limits of the Plan of Subdivision, including road allowances, parkland, and individual lots, the Township shall have the option of having a Stop Work Order on construction of the services and/or building on a particular lot where the removal is taking place. Work will not be allowed to proceed until the Township is satisfied that the practice will not continue and the Developer/Builder agrees to carry out remedial work requested by the Township. The Developer agrees to provide a copy of this clause to each and every prospective builder/prospective purchaser. 7.3.2 The Developer shall plant 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 removed, any fill, topsoil, trees or shrubs from any public or Municipal lands, without the written consent of the Township Engineer. .,.., 7.5 BLASTING ("'. r"\ )J -- v-o~ ') 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. " ~.) {i14-J", A- I ~I ~ r-j- 1 i 1 .........,. V. ,..-I 7.10 INSPECTION OF CONSTRUCTION OF SERVICES During construction of the services, the Township may inspect the work in hand at such times and with such duration and frequency as the nature of the type of construction may dictate. Subject to the obligations of the Township Engineer to protect the interests of the Township through such inspections, every effort will be made to keep duplication of engineering services on site to a minimum. If, during such inspections, the Township Engineer perceives that construction, whether by method or otherwise, constitutes an immediate danger to life or property, or construction does not conform to acceptable practice in order to meet the requirements for services, he will have the authority to cease construction operations by verbal notice to the contractor and/or the Developer's Engineer, such notice to be confirmed, in writing, as soon as possible, thereafter. A copy of this clause shall be delivered by the Developer to each and every contractor engaged in construction of services for the subdivision. 7.11 DECLARATION OF PROGRESS AND COMPLETION 7.11.1 Prior to the approval of the underground services, the Developer shall provide the Township Engineer with an undertaking for the completion dates of all remaining works required by this Agreement and in a form similar to that attached to this Agreement as Schedule "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. 24 The Township, in addition to all other remedies it may have, may refuse to issue Building Permits until such works are completely installed in accordance with the requirements of the Township Engineer. It is agreed that a copy of this clause be delivered by the Developer to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan. 7.13 SUBSTANTIAL COMPLETION OF UNDERGROUND SERVICES It is intended that the electricity and street lighting, sewer system, and detention pond will be constructed, inspected and approved prior to the completion of the other works, including roads and boulevards. Building Permits will not be issued until the Township Engineer has given the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). The two (2) year maintenance period for the underground services will commence when this Certificate is issued. During the maintenance period, the Developer shall be responsible for the normal operation and maintenance, and all repairs for the services noted in the Certificate. If, during the two (2) year maintenance period, the Developer fails to carry out rectification and repair work as requested by the Township, then the Township may carry out the work and be reimbursed the cost of the work from the Developer's securities, as set out under Clause 9.3. Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services, in this case, until the Township has assumed the responsibility of the services. 7.14 EMERGENCY REPAIRS Employees or agents of the Township may enter onto the lands at any time, or from time to time for the purpose of making emergency repairs to any of the works. Such entry and repairing shall not be deemed an acceptance of the works by the Township or any assumption by the Township of any liability in connection therewith, or a release of the Developer from any of his obligations under this Agreement. 7.15 USE OF WORKS BY TOWNSHIP The Developer agrees that: I. The works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. II. Such use shall not be deemed an acceptance of the works by the Township, and; III. Such use shall not in any way relieve the Developer of his obligations in respect of the construction and maintenance of the works so used. 15 7.16 DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall Grading Plan 7104-LG, prepared by the Developer's Engineer, and approved by the Township Engineer, County of Simcoe Engineer, and the Township of Oro-Medonte. Some fill and regrading of lots may be necessary during or after building construction. The Grading Plan shall show all existing and final grades on lot corners, as well as mid-lot elevations, where deemed necessary by the Township Engineer. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said swale/easement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 326 of the Municipal Act. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. Generally, the drainage facilities will consist of open ditches within the subdivision or storm sewers in certain locations to provide a satisfactory drainage outlet, and will be in accordance with the Drainage Plan 7104-ST, prepared by the Developer's Engineer, and approved by the Township Engineer, County of Simcoe Engineer, and the Township of Oro-Medonte. 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. Frontage of parkland along County Rd. #11 shall require a 1.8 metre high chain iink fence. 26 Lfe 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. 7.18 DEFINITIONS For the purposes of this Subdivision Agreement: (i) The term "Underground Services" shall mean the storm drainage works (including culverts, storm sewer, and detention pond), 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 (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) shall not constitute an assumption of the Municipal Underground Services by the Township. (iii) The term "Certificate of Maintenance and Final Acceptance (Municipal Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Municipal Underground Services constructed by the Developer, in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground Services by the Township. (iv) The term "Aboveground Services" shall mean all Municipal services to be constructed by the Developer pursuant to the terms of this Subdivision Agreement, as more particularly identified in Schedule "C", excluding Underground Services. (v) The term "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services to be installed by the Developer under the provisions of this Subdivision Agreement, as more particularly identified in Schedule "C", have been substantially completed, in accordance with plans and specifications reviewed and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the Aboveground Services by the Township for winter maintenance only. (vi) The term "Certificate of Maintenance and Final Acceptance (Aboveground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Subdivision Agreement, and as more particularly identified in Schedule "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period, and issuance of the said Certificate shall constitute final acceptance and assumption of the Aboveground Services by the Township. 27 p - " l,_ c;r-- J (vii) The term "Certificate of Substantial Completion and Acceptance" means a Certificate of Substantial Completion and Acceptance (Municipal Underground Services) or a Certificate of Substantial Completion and Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. (viii) The term "Certificate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Municipal Underground Services) or a Certificate of Maintenance and Final Acceptance (Aboveground Services), as the provisions of this Subdivision Agreement require. 28 Ife -;J<Z PART - 8 BUILDING PERMITS AND OCCUPANCY 8.1 TOWNSHIP OF ORO-MEDONTE The Developer further agrees that he or any person, persons, or Corporation claiming title through the Developer, will not apply for a Building Permit for any part or portion of the said lands or on any lot therein, and no Building Permit shall be issued until a 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 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 and type of proposed water. 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 and type of water well, including 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 Final Inspection Report, to certify to the Township of Oro-Medonte, in writing, that the foregoing works have been carried out in accordance with the approved Plans noted above. 29 Il-/-P - r-J j \. \...... V. 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 71 04-LG, Storm Drainage Area Plan 7104-ST, and Erosion Control Plan , all prepared by Reinders and Associates (Barrie) Limited, to the satisfaction of the Township of Oro-Medonte and the Township Engineer. 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 Building Permits, when applied for, will be issued in respect of the lots or blocks shown on the Plan. Notwithstanding the foregoing, no Building Permits will be given and the Chief Building Official may refuse any application until: (i) Township of Oro-Medonte and Ministry of the Environment approvals have been obtained and submitted to the Township. The Township of Oro- Medonte requirements are set out in Clauses 7.16 and 8.1. (ii) The Storm Water Management System has been installed, tested and approved by the Township Engineer and he has issued his Certificate of Substantial Completion and Acceptance (Municipal Underground Services ). (iii) Plans for remaining underground services such as Bell Telephone, Electricity or Natural Gas have been approved. (iv) A "Builders" road consisting of the grading, curb and gutter or ditch shaping and full depth of Granular "B" sub-base, has been constructed on the road providing access to the lot. (v) Approval of the Township Engineer has been obtained for the construction of any buildings to be erected on lots or blocks listed in Schedule "E" hereto. (vi) Signs denoting "Unassumed Roads" have been installed at the entrances to the subdivision in a location acceptable to the Township, in accordance with Clause 4.1.7. (vii) A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building to be erected on any lot or block within the Plan, for which a Building Permit has been applied for, is in conformity with the General Location and Lot Grading Plans, or has received the approval of the Township Engineer with respect to any variance to the Grading Plan. The individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a Building Permit. (viii) All dead trees within the limit of the Plan have been removed. ix) Arrangements have been made and approved by the Township for Municipal Address System numbenng, as set out in Clause 8.4. 30 ~-c ~)7\ ......." ~.,)t_./i ~/ (x) The parkland must be completed to the satisfaction of the Township, as per Section 7.17. (xi) The Traffic and Street Name signs have been installed and approved by the Township Engineer. (xii) Any development charges have been paid, in full, in accordance with the applicable development charge By-Laws, enacted pursuant to the Development Charges Act, 1997, as well as By-Laws enacted pursuant to Section 257.53 of the Education Act, or alternate arrangement satisfactory to the body enacting the development charge By-Law, have been made and the same has been communicated to the Chief Building Official for the Township of Oro-Medonte, in writing, by such a body. (xiii) The fire reservoir must be completed to the satisfaction of the Township, prior to the issuance of the tenth (10th) Building Permit allowed in the development. 8.3 LOTS UNSUITABLE FOR BUilDING OR lOTS REQUIRING SPECIAL A TIENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "En of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "E", 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 road base materials full depth and the base course of asphalt, provided asphalt is commercially available. (Ii) The underground hydro, telephone lines, gas mains and street lights have been installed and approved by the Township Engineer. 31 1'-1 e - -:Sf (iii) A Certificate Letter and individual Lot Development Plan has been given by the Developer's Consulting Engineer, or a Professional Engineer registered with the Association of Professional Engineers of Ontario, that the building constructed, and the final grading of the lot or block, is in conformity with the General Location and Lot Grading Plans, or such variance therefrom has been approved by the Township Engineer. The final grading on the individual Lot Development Plan must be approved by the Township Engineer prior to the issuance of a FINAL CERTIFICATE OF OCCUPANCY. FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all outstanding items on a Provisional Certificate of Occupancy, including grading, have been completed. (iv) Driveway culvert and end protection has been provided to the satisfaction of the Township, in accordance with the Township's Road Occupancy Permit. (v) The trees have been planted on the lot by the Developer in accordance with Clause 7.3. (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. 32 4.0 -~'),} ! L ~~, PART - 9 MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developer's request for a final inspection of the underground services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services in this case until the Township has assumed the responsibility of the services. 9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineer and Public Works Official shall make an inspection to ensure that the Township will accept the road system. The Township Engineer shall issue a Certificate of Substantial Completion and Acceptance (Aboveground Services) when the works are accepted by the Township. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence when the Township Council approves the issuance of the Certificate. 9.3 MAINTENANCE OF WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date the Township Council approves the Certificate of Substantial Completion 'and Acceptance. This shaH 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. "" .).) J ./ -- 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. 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. 34 ,p~ 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. 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. 35 PART -10 - DEFAULT PROVISIONS 10.1 DEFAULT PROVISIONS Notwithstanding anything herein before contained in this Subdivision Agreement, and in addition to any other remedies, when the Developer is deemed by the Township to be in default of this Agreement, the Township reserves the right to realize upon any securities deposited on or on behalf of the Developer to recover costs incurred by the Township, in accordance with the provisions of Section 5.6 of this Subdivision Agreement, and/or to restrict or refuse issuance of Building and/or Occupancy Permits, and the Developer agrees not to apply for any Building Permits or Occupancy Permits for lots or blocks within the Plan of Subdivision, until such time as the Developer is in full compliance with the provisions of this Subdivision Agreement. 10.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective heirs, executors, administrators and assigns. 10.3 SUBSTITUTION FOR APPROVALS Wherein this Agreement reference is made to any named Ministry of the Province, Township of Oro-Medonte or other public body, such reference where the same requires their approval, is deemed to be a reference to any other Ministry or body as may be substituted by legislative change or policy of the Provincial Govemment or of the Township. 10.4 CHARGES OR EXPENSES INCURRED BY THE TOWNSHIP The Developer further agrees that all costs, charges or expenses incurred by the Township in satisfying the obligations of the Developer in the event of default of the Developer under the terms of this Subdivision Agreement, together with any costs, charges or expenses incurred by the Township in enforcing the obligations of the Developer under this Agreement, shall be a first charge or lien against the said lands in accordance with the provisions of Section 326 of the Municipal Act. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. 36 if /'1/ I j ! ?i - ~I /. ..-1 . ....J'{-/ . ! '-.. . SIGNED, SEALED AND DELIVERED this day of A.D. 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Title: Per: Title: BESTPRO CORPORATION per:--1S~:n SmJ Bernie Still Title: President per:~ AI Beacock Title~, ;e,t: ~ _ Pef~ c "'", ,/ ~' /:-r < Leo Procee Title: Treasurer Have the Authority to Bind the Corporation 37 III P .i--.' '-r L -......) { SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. 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: Parcel 10-1 , Section 51-0ro-5, Part of the West Part of Lot 10, Cone. 5, Ora, Part 1, 51 R-27833, being all of PIN #58536-0050 (Lt). 38 NOTE: SCHEDULE "B" Jf ~.r7 if - :)6 It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. 51-M PLAN OF SUBDIVISION 39 SCHEDULE "C" e- NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. WORKS TO BE CONSTRUCTED Complete roadway construction, including excavation, granular roadbed materials, curb and gutter, as required, two lifts of asphalt, topsoil and seeded boulevards with sod, and erosion control measures, as required. Storm drainage works, including ditches, culverts, storm sewer and detention pond. - Street and traffic signs. Underground hydro, telephone and street lighting. Parkland. Fire Reservoir. All of the above works are incorporated onto the following Engineering Drawings prepared by Reinders and Associates (Barrie) Limited, Project No. 7104, Municipal Affairs No. 43T-93016: Drawing No. Description 7104-05 71 04-06 7104-07 71 04-08 7104-SD1 7104-SD2 7104-LEG Lot Grading Plan Storm Drainage Plan Electrical Plan Park Development Plan Plan and Profile-Lindie Lane - ST A. 0 to 280 Plan and Profile-Lindie Lane - STA. 280 to 560 Plan and Profile-Lindie Lane - ST A. 560 to 840 Plan and Profile-Lindie Lane - ST A. 840 to 960 and Block 33 Fire Reservoir Plan and Profile-Drainage Ditch - ST A. 0 to 300 Plan and Profile-Drainage Ditch-ST A. 300 to 490 Plan and Profile - County Road #11 Plan and Profile - 4th Line Standard Details Standard Details Legal Drawing 7104-LG 7104-ST 7104-EL 7104-PA 7104-01 7104-02 71 04-03 7104-04 The above-referenced Drawings were stamped, as accepted, by the Township Engineers, R. G. Robinson and Associates (Barrie) Ltd., on August 8,1998. 40 " . '\ ,4 If r\ L _.~U SCHEDULE "0" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEOONTE AND BESTPRO CORPORATION. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS The following list summarizes the cost estimate of the major works, but is not necessarily inclusive: A) Roadway construction complete, including clearing and grubbing, excavation, granular road base materials, and two lifts of asphalt............... ........................... ..$195,351.25 B) Storm Drainage works complete, including storm sewers, ditch inlet catchbasins, culverts, detention pond, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices....................................................... .$124,195.00 C) Miscellaneous items, such as street name and regulatory signs................................................................$ 800.00 D) Electrical supply, including street lights, control panels and duct crossings............................................$ 36,350.00 E) Parkland works, including grading, trees, fence and park sign................................... ................. ..............$ 39,300.00 F) Fire protection reservoir and controls.................................$ 16,000.00 SUB-TOTAL $412,046.25 G) Allowance for Engineering and supervision.........................$ 41,204.63 TOTAL $453,250.88 7% G.S.T. $ 31,727.57 GRAND TOTAL COST $484,978.45 4\ SCHEDULE "E" ~p- tL , 1 I NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES & LIST OF LOTS REQUIRING SPECIAL ATTENTION See Clause 1.12, Ministry of the Environment, and Clauses 8.1 and 8.2, which sets out specific requirements for all lots on Plan, in order to obtain a Building Permit for each and every lot. 42 SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. DEVELOPMENT CHARGES The Developer acknowledges and agrees that the following development charges are payable on a per~lot basis prior to the issuance of the first Building Permit for each particular lot, unless altemative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with By-Law 99-081 of the Township of Oro- Medonteat the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with By-law [#3203-00] of the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with By~law #3 (2000) of the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro~Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services. Please also be advised that development charge By-Laws may be enacted after the date of this subdivision by the County of Simcoe or by a Public Utility Commission pursuant to the Development Charges Act, 1997, which may impose a charge on the development of the lands within the plan of subdivision; Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development Charges Act, 1997 and Section 257.53 of the Education Act. may be amended or superceded by subsequent By~Laws enacted in accordance with the respective legislation. 43 -~5 , SCHEDULE "G" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. 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 Parkland 1.2 Retention Pond 1.3 Road Widenings 1.4 Fire Reservoir 1.5 0.3 Metre Reserves Block 31 Blocks 32 and 40 Blocks 34, 36, 43 and 44 Block 33 Blocks 35 and 37 Plan 51-M Plan 51-M Plan 51-M Plan 51-M Plan 51-M 2.0 LANDS TO BE CONVEYED TO THE COUNTY OF SIMCOE 2.1 Road Widenings 2.2 0.3 Metre Reserve Blocks 41 and 42 Blocks 38 and 39 Plan 51-M Plan 51-M 44 NOTE: PARKLAND Block 31 ,\) Ie l ( /.l ji.-f~ -' ~ I lei SCHEDULE "H" It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. Plan 51-M 45 -0/ C SCHEDULE "I" 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) 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; 46 ~/r. .t/l I '-t ( ." J.,j/I/'J, , , t, ?~ 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing, the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead; 5. It is understood and agreed that should the Developer fail to construct the remaining services to carry out the requirements of Item 3 as stipulated. and by such dates and within such time limits as provided by this undertaking, the Developer, notwithstanding the costs noted in Section 4, shall pay to the Township, as predetermined liquidated damages, the sum of Fifty Dollars ($50.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. DEVELOPER Date Seal or Witness 47 4:t / +7 SCHEDULE "J" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. 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. 48 SCHEDULE uK" /1e/ ifi SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP liST 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 Customs 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 may be drawn on by you at any time and from tirne to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to rnake such demand and without recognizing any claim of our said customer or objection by them to payrnent by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of , Ontario, . The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit rnay be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro- Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 20 . Authorized Signature Authorized Signature Bank of 49 /4.f ~ J THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-081 Being a By-law to Authorize the Execution of an Amended Subdivision Agreement between The Corporation of the Township of Oro-Medonte and Monica Interior Design Ltd. And Modco Investments Ltd. 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 Stage IV of the Sugarbush Development (Plan M-367), Township of Oro-Medonte, County of Simcoe. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, an Amended Subdivision Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Amended 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 Amended 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 26th day of June, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook $c/febuC-G IA- ,( ;4 t r\ ,I Cf'--. THE CORPORATION OF THE TOWNSIDP OF ORO - MEDONTE SUBDIVISION AGREEMENT AMENDMENT Tms AGREEMENT made the day of ,2002. BETWEEN: MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD. (hereinafter caJled the "Developer") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSmp OF ORO - MEDONTE (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Municipality was created on January I, 1994 by virtue of Section 2 of the County of Simcoe Act, 1993 S.O. 1993 c.33; AND WHEREAS by virtue of s. 47 of the County of Simcoe Act. 1993 the Municipality is bound by and receives the benefit of every agreement entered into by the former Township of Oro as if the Municipality were itself signatory to any such agreement; AND WHEREAS the Minister of Municipal Affairs and Housing granted draft plan approval pursuant to s. 51 of the Planning Act. in Ministry Subdivision File No. 43T-86031 (hereinafter the "Subdivision"); AND WHEREAS the former Township of Oro. the Developer and the Royal Bank of Canada, as mortgagee of the Lands, entered into a Subdivision Agreement on the 27th day of May, 1988 registered as Instrument "Jo. L TI 3 I 393 (hereinafter referred to as the .. -\greement") as a condition of the draft plan approval for the development of lands described in Schedule "A" of the Agreement; AND WHEREAS the Royal Bank of Canada.. by virtue of a discharge of its mortgage by Instrument No. L T 24 I 32 no longer has an interest in the Lands. AND WHEREAS s. ] 4 of the Agreement provided for the development of the land subject to [he Agreement in phases and stages; - 2 - J/i /J..-, 4- .?- ""-1 i ( --../ AND WHEREAS the Municipality and the Developer wish to amend the Agreement to provide for the development of the final phase or stage of the subdivision; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration for the good and valuable consideration of the sum of TWO ($2.00) DOLLARS of lawful money of Canada. now paid by each of the parties hereto to each of the other parties hereto, (the receipt whereof is hereby acknowledged), the parties hereto hereby covenant. promise and agree with each other as follows: I. Section 2 of the Agreement is amended by adding the following words: "I I. Schedule (K) - Special Conditions for the development and servicing of Phase 3, Stage IV of the Subdivisi6n". 2. The Agreement is amended by deleting Clause 59 and replacing it with the following: "59A Development of Phase 3. Stage IV of the Subdivision The parties agree that except where otherwise specifically noted in this agreement or in Schedule "F", all the standards and provisions regarding the development and servicing of Parts I to 27, Lots 33, 34, 44, 47-55, 59 - 63, Blocks 79, 80, 82 and 85 in the Subdivision shall be as provided in Schedule "F" attached". 3. Schedule "D" of the Agreement is amended by deleting Clause III and replacing it with the following: "Works under Phase 3, Stage IV shall be completed in its entirety by December, 2004 and in the following sections "A" to be completed by December, 2002, "B" to be completed by December, 2003, and "c" to be completed by December, 2004 as provided for in Schedule "K"." 4. Schedule "E" of the Agreement is amended by deleting the paragraph under the heading "Stages III and IV" and replace with the following: "The estimated cost of works for Phase 3. Stage IV is: S 1.301.541.69, divided into 3 sections as follows "A". S 59.260.88 "B", S 591.038.68 and "C". S 651.242.13 5. Schedule "F" of the Agreement is amended by deleting the Schedule in its entirety. 6. The Agreement is amended by adding the anached as Schedule "K" to the Agreement. 7. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs. successors. administrators. executors and assigns. 8. The parties agree that this agreement shall be registered against the lands described in Schedule "A" anached hereto. r01 \VIT0IESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals. duly anested by the proper signing officers. SIGNED. SEALED AND DELIVERED this day of .2002. - 3 - ,j /" J J L;~ fj~ / {. i I , , ' Developer MONICA INTERIOR DESIGN LTD. Per: Peter DeMartini, C.S.O. Has the Authority to Bind the Corporation MODCO INVESTMENTS LTD. Per: Rene DeMartini, C.S.O. Has the Authority to Bind the Corporation Municipality THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE Per: Mayor, J. Neil Craig Per: Clerk. Marilyn Pennycook ::ODMAIPCIXXS\DOCS\II84022\3 -4- llf! - ~ SCHEDULE "A" NOTE: It is understood and agreed that this Schedule fonns part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS 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 (fonnerly Township of Ora), in the County of Simcoe. and being composed of the whole of the lands described as follows: Firstly: Part of PIN #74057-0310 (Lt) Part of Lots 67, 68, 69, 70, 71, 72, 73, 74 and 75, according to Registered Plan 51M-367, being designated as Parts 18 to 24, both inclusive on Plan 51R-31153 Secondly: Part of PIN #74057-0311 (Lt) a) Part of Lots 41, 42 and 43 and Part of Ironwood Trail stopped up and closed by Lt 494770, according to Registered Plan 51M-367, being designated as Parts 7 and 8 on Plan 51R-31153. b) Part of Lots 35, 36, 37, 38, 39,40,41,71,72 and 73; Part of Blocks 76 and 77; and Part of Ironwood Trail stopped up and closed by Lt 494770, being designated as Parts 10 to 17, both inclusive, and Parts 28 and 29 on Plan 51R-31153. c) Block 78, according to Registered Plan 51M-367. Thirdly: PIN #58533-0065 (Lt) Block 79, according to Registered Plan 51 M-367. Fourthly: PIN #58533-0064 (Lt) Block 80, according to Registered Plan 51M-367. Fifthly: PIN #58533-0063 (Lt) Block 81, according to Registered Plan 51M-367. Sixthly: Part of PIN #58533-0204 (Lt) Part of Lot 1, Concession 7, designated as Parts 1, 2, 3, 4, 5, 6 & 7, according to Plan 51 R-17872. PIN #74057-0213 (Lt) Lot 59, according to Registered Plan 51M-367. PIN #74057-0212 (Lt) Lot 60, according to Registered Plan 51 M-367 PIN #74057-0211 (Lt) Part Lot 61, according to Registered Plan 51 M-367. - 5 - .,/l ","' { k}"J J ~ 1l..f:J -../. " " J t \.. DESCRIPTION OF LANDS (cont'd.): PIN #74057-0209 (Lt) Part Lot 62, according to Registered Plan 51M-367. PIN #74057-0208 (Lt) Lot 63, according to Registered Plan 51M-367. Part of PIN #74057-0310 (Lt) Part of Lots 67, 66, 65 and 64, according to Registered Plan 51M-367, being designated as Parts 25, 26 and 27 on Plan 51R-31153. Part of PIN #74057-0311 (Lt) All of Lots 58, 57, 56,46 and 45 and Part of Lots 43, 42 and 41, and Part of Ironwood Trail, stopped up and closed by Lt494770, according to Registered Plan 51M-367, being designated as Parts 1, 2,3,4,5 and 6 and 9 on Plan 51R-31153. Part of PIN #74057-0311 (Lt) All of Lot 44, according to Registered Plan 51M-367. PIN #74057-0226 (Lt) Lot 47, according to Registered Plan 51M-367. PIN #74057-0225 (Lt) Lot 48, according to Registered Plan 51 M-367. PIN #74057-0224 (Lt) Lot 49, according to Registered Plan 51M-367. PIN #74057-0223 (Lt) Lot 50, according to Registered Plan 51M-367. PIN #74057-0222 (Lt) Lot 51, according to Registered Plan 51M-367. PIN #74057-0221 (Lt) Lot 52, according to Registered Plan 51M-367. PIN #74057-0220 (Lt) Lot 53, according to Registered Plan 51M-367. PIN #74057-0219 (Lt) Lot 54, according to Registered Plan 51 M-367. PIN #74057-0218 (Lt) Lot 55, according to Registered Plan 51M-367. -6- DESCRIPTION OF LANDS (cont'd.): PIN #74057.()240 (Lt) Block 83, according to Registered Plan 51 M-367. PIN #74057'()239 (Lt) Block 85, according to Registered Plan 51M-367. PIN #58533-0060 (Lt) Block 82, according to Registered Plan 51M-367. PIN #58533-0059 (Lt) Block 84, according to Registered Plan 51M-367. PIN #58533-0061 (Lt) Lot 34, according to Registered Plan 51M-367. PIN #58533-0062 (Lt) Lot 33, according to Registered Plan 51M-367. All in the Township of Oro-Medonte, formerly in the Township of Oro, County of Simcoe -& - 7 - I {(J ...-. )u-.;....- J l !' ! APPENDIX "A" NOTE: It is understood and agreed that this Appendix forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD. PLAN OF SUBDIVISION 51 R-31153 - 8 - /4(-'1 APPENDIX "B" It is understood and agreed that this Appendix forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD. NOTE: WORKS TO BE CONSTRUCTED Complete roadway construction, including excavation, granular roadbed materials, curb and gutter, as required, two lifts of asphalt, topsoil and seeded boulevards with sod, and erosion control measures, as required. Storm drainage works, including ditches, culverts and storm sewer. Street and traffic signs. Water works, including hydrants, valves and services. Parkland. Underground hydro, telephone and street lighting. All of the above works are incorporated onto the following Engineering Drawings prepared by C. C. Tatham and Associates Ltd., Project No. 300231, Municipal Affairs No. 43T-86031. Drawing No. G-1 G-5 G-9 G-12 G-13 G-14 P-17 P-18 P-19 P-20 P-23 P-25 P-26 W-4 D-1 0-2 D-3 Description General Notes and Details Grading Plan Storm Drainage Area Plan Grading Plan and Septic Beds Grading Plan and Septic Beds Grading Plan and Septic Beds Plan and Profile - Ironwood Trail ST A. 0+00 - ST A. 0+280 Plan and Profile - Ironwood Trail STA. 0+280 - STA. 0+480 Plan and Profile - Ironwood Trail ST A. 0+480 - ST A. 0+629.58 Plan and Profile - Ironwood Trail ST A. 0+629.58 - ST A. 0+740 pia" ancjF;)rQfjl, - Ash Court STA. 0+007.275 - STA. 0+100 Plan and Profile - 6th Line Road ST A. 0+00 - ST A. 0+343.490 Plan and Profile - 6th Line Road ST A. 0+343.490 - ST A. 0+489.990 Water Distribution and Phasing Plan Details Details Water Main Details The above-referenced Drawings were stamped. as accepted. by the Township Engineers, R. G. Robinson and Associates (Barrie) Ltd. on June 18.2002. - 9- APPENDIX "C" NOTE: ! if f,";,' ,{) j or I { - I It is understood and agreed that this Appendix forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD. 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: Section A Section B Section C A) Roadway construction complete, including clearing, granular road base, concrete curb, base and surface course asphalt................................ ...$ - B) Storm Drainage works complete, including storm sewers, ditch inlet catch basins, culverts, topsoil, seed and mulch, sod, ditching and siltation and erosion control devices...................$17,560 C) Miscellaneous items, such as street name and regulatory signs....................$- D) Electrical supply, including street lights, control panels and duct crossings..........$ 3,000 E) Parkland works, including grading, trees, fence and park sign...................$ F) Water mains complete, including hydrants, valves and services.............. .$27,600 SUB-TOTAL................................... ...$48,160 Allowance for Engineering and ~1Jp4!rvi!>i~I1....~...........~ '''~,' .......... ~~..$ 7,224 $327,564 $305,845 $ 67,710 $108,255 $ 750 $ 5,750 $ 19,500 $ 21,000 $ $ $ 64,800 $ 88,400 $480,324 $529,250 $ 7'2,048.10 $ 79,387.50 7% G.S.T..........................................$ 3,876.88 $ 38,666.08 $ 42,604.63 TOTAL COST........ ............................$59,260.88 $591,038.68 $651,242.13 ! ; - 10- f /) 10"" . f /- ,/' f ft. 1+.' { , / APPENDIX "0" NOTE: It is understood and agreed that this Appendix fonns part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD. LIST OF LOTS UNSUITABLE FOR BUILDING PURPOSES & LIST OF LOTS REQUIRING SPECIAL ATTENTION - See Clause 42 of the Agreement, which sets out specific requirements for all lots on the Plan, in order to obtain a Building Pennit for each and every lot. - Lots 1, 2, 15, 16, 17,27, 59 and Block 80 are engineered-filled lots requiring geotechnical verification and structural design foundations. - 11 - Iff / tJ APPENDIX "E" NOTE: It is understood and agreed that this Appendix fonns part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS lTD. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be propeny 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 N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A - 12 - 1/ l{j, J , ( t .. I ( APPENDIX "F" NOTE: It is understood and agreed that this Appendix fOnTIS part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS 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 BuiJding 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 BuiJding 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 Cha1"1{es 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 Cha1"1{es 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. The parties hereto agree that the Developer Credits shall provide services or works in the nature of road improvements as more particularly set out in the agreement dated September 27, 1994 between the Township, the Developer. 767987 Ontario Limited. 850892 Ontario Limited and Indian Park Association. The Township agrees that the road improvements constitute a credit from development charges payable pursuant to By..law 99..081 of the Township of Oro-Medonte as contemplated by section 38 of the Development C"ar~es Act. 1997. The parties agree that the value of the credit as determined results in a net development charge payable per lot pursuant to By-law 99-081 of the Township of Oro-Medonte in the amount of 52.000.00. The Township agrees that the credit is given with respect to all services set out in By-law 99-081 as contemplated by Subsection 39(3) of the Development Char~es Act. 1997. The panies agree that the credit may be transferred through request by the Developer in writing to the Township to another person on receipt of acknowledgment Iw the Township as provided for in Section 40 of the Development C"ar.~es Act. 1997. - 13 - \ j i ! , ..., ..<. ....,I APPENDIX "G" 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 MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD. 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 "8" 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 nereDy 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: - 14- lip-14 I I t ' f ". " 4. The Developer further agrees and the Township is hereby authorized to undertake any of the maintenance work as set out under Item 3 hereof, not completed by him within 24 hours after receipt of such request for maintenance, at his expense, and without limiting the generality of the foregoing,the Township's cost shall be the cost of materials, equipment rental, labour, payroll burden, plus 20% for overhead; 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 Dollats ($50.00) for each and every calendar day the said services are behind schedule of construction provided such delay is not caused by strikes or acts of God or additional work being required by the Township. DEVELOPER Seal or Witness Date - 15. )it!- J!; APPENDIX "H" NOTE: It is understood and agreed that this Appendix fonns part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS 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. - 16 - o / ) 1//., l{o 4'1 f, ; ! APPENDIX ..,.. SUBDIVISION AGREEMENT - STANDARD FOR THE TOWNSHIP "STANDBY" 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 Customs 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 may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at: Bank of , Ontario. . The Letter of Credit. we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte. with Mortgage Company, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced from time to time. as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro- Medonte. Partial drawings shall be pennitted. 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 ::ndition hereinafter set forth. :: is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof. unless at least thirty (30) days prior to the present. or any future expiration date. we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario. this day of 20 Authorized Signature A.uthorlzed Signature Bank of - 17 - ...., SCHEDULE "K" / /': -- ) L1~f"1 I STANDARDS FOR DEVELOPMENT AND SERVICING FOR PHASE 3. STAGE IV OF THE SUBDIVISION. BEING PARTS 1 TO 27. LOTS 33.34.44.47 - 55. 59 - 63. BLOCKS 79.80.82 AND 85 INCLUSIVE I. The Developer's Consulting Engineers shall prepare final "as constructed" mvlar drawings, which will include the following with regards to provision of a digital Pl~ 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. . It is the Developer's responsibility to ensure that all drawing changes occurring throughout the approvals process are incorporated into the digital submission. · 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 layerllevel will outline the property boundaries in the form of enclosed polygons. LA YERlLEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (2) . The text. which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LA YERlLEVEL FONT COLOUR PL L T TEXT \1 ON OTEXT YELLOW (2) ine aigltai flies snouid contain enougn site aata as to ailow for nonzontal 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. .., Any notice required to be given hereunder rnay be given by registered mail. addressed to the Developer at his principal place of business and shall be etTective 1S of the date of the deposlt thereot in the post office. as follows: 1950 Hwv. #7 West Buildinl! ~'C". Unit;; I CONCORD. Ontario L4K I W5 (905) 669-4011 - 18 - I f)"..c;7 l{j,ll',,/~1 t J , f ii' Or by Facsimile Transmission to: In which case. notice shall be effective as of the time and date of successful transmission thereot: The Deveioper shall be responsible for notifying the Township Clerk. in writing, of any change(s) in his principal place of business. 3. The Deveioper agrees to advise all prospective purchasers that there are no schools planned within the subdivision or within walking distance of it and that enrollment within the designated public and Catholic school sites in the community is not guaranteed and that pupils may be transported to facilities outside of the neighborhood schools area. This clause is to be placed in any agreement of purchase and sale entered into with respect to any lots on this Plan of Subdivision. The clause should remain in perpetuity as 10ts may not be sold or built upon for some time. 4. The Developer covenants and agrees that no work shall be perfonned on the said lands, except in confonnity with: 4.1 The provisions of this Schedule. and this amended Agreement, including the Appendixes hereinafter referred to: 4.2 The Plans and Specifications submirted to and accepted by the Township as being within its design criteria including, without limiting the generality of the following: Drawing No. G-1 G-5 G-9 G-12 G-13 G-14 P-17 P-18 P-19 P-20 P-23 P-25 P-26 W-4 0-1 0-2 0-3 Description General Notes and Details Grading Plan Storm Drainage Area Plan Grading Plan and Septic Beds Grading Plan and Septic Beds Grading Plan and Septic Beds Plan and Profile - Ironwood Trail STA. 0+00 - STA. 0+280 Plan and Profile - Ironwood Trail STA. 0+280 - STA. 0+480 Plan and Profile - Ironwood Trail ST A. 0+480 - ST A. 0+629.58 Plan and Profile - Ironwood Trail STA. 0+629.58 - STA. 0+740 Plan and Profile - Ash Court ST A. 0+007.275 - ST A. 0+100 Plan and'Profile--6th Line Road STA. 0+00 - STA. 0+343.490 Plan and Profile - 6th Line Road ST A. 0+343.490 - ST A. 0+489.990 Water Distribution and Phasing Plan Details Details Water Main Details .+.3 ,-\11 Plans and Specifications submitted to and accepted by: ! I I g l:J "I I I - 19- 4.3.1 The Ministry of the Environment: 4.3.2 Electricity Distribution Company; .+.3.3 The Township: 4.3.4 County of Simcoe. 4.4 All applicable Township By-laws - including any applicable Site Plan Control By-laws; 4.5 AlI applicable Provincial and Federal Legislation including the Federal Fisheries Act. 5. The following Appendices are attached to form pan of this Schedule: Appendix "A" - Description of Phase IV. Stage 4 Lands being Subdivided under this Schedule Appendix "B" - Works to be Constructed Appendix "C" - Itemized Estimates of Cost of Construction of Each Part of the Works Appendix "D" - List of Lots Unsuitable for Building Purposes and/or Requiring Special Attention Appendix "E" - Deeds and Easements to be Conveyed Appendix "F" - Development Charges Appendix "G" - Declaration of Progress and Completion Appendix "H" - General Location and Lot Grading Plans Appendix "I" - Standard Township Letter of Credit 6. 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 specit'ications 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 10 the Township. the sum ot FIVE THOUSAND. FIVE HUNDRED DOLLARS ($5.500.00) upon submitting a Plan to the Township for consideration to be applied to account of such costs. .-\s accounts are received tTom 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 bebuiit up to enable the Township to pay the next accounts as they are received. !n the event that the det')0"it i" drawn d0wn to 1 level "f TWO THOUSAND DOLLARS ($2,000.00), or less. and the Deveioper does not pay the accounts within thirty (30) days. it is hereby understood and agreed that the Developer would be in default of this Schedule and the Township may. without notice. invoke default provisions as set out in this Schedule. ,-\ny letter of Credit or security tiled with the Township is based UDon the estimated coSt ,1t compieting the '.anous maners rrescnbed 'n .-\ppenciix "C' c'f this Scheduie. However. all Letters ot 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 Schedule. is the responsibility of the Developer. including. '.\,1thout limiting the generaJity of the toregoing. payment of engineering. legal. planning. and deveiopmem charges. or other costs incurred by the Township. which are the responsibility of the Developer under the - 20- tenns of this Schedule. as well as development charges and costs to acquire lands or interest thereIn. 8. If the Township becomes obligated to make any payments or pay any costs under the provisions of Section 17(4) of the Constl11ction Lien Act R.S.O. 1990, c.c.3n. this will constitute a default and entitle the Township to realize upon its security, 9. INSURANCE CERTIFICATE AND POLICY 9.1 Policv 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 and the Township, against any liability that may arise out of the construction or installation of any work to be perfonned pursuant to this Schedule and for a period of one (I) year after completion and acceptance of the Township services to be constructed herein. 9.2 Comprehensive General liabilitv - Such policy shall carry limits of liability in the amount to be specified by the Township, but in no event shall it be less than FIVE MILLION DOLLARS ($5,000.000,00) inclusive comprehensive general liability and such policy shall contain: a) a cross-liability clause; b) product/completed operation coverage; c) shall not have an exclusion pertaining to blasting, provided that any blasting required to be done shall be done by an independent Contractor duly qualified to do such work; d) shall include the following names as insureds: (i) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 9.3 Notice of Cancellation - A provision that the insurance company agrees to notify the Township within tifteen ( 15) days in advance of any cancellation or expiry of the said insurance policy. 9.4 Certificate of Coverage - Any certificate of coverage filed with the Township Clerk shall specifically contain their contlnnation that coverage includes (a), (b), (c ). (d) and (e) above are in effect. 9.5 Contlnnation of Premium Pavment - The Developer shall. from time to time. as required by the Township, provide continnation that all premiums on such policy 0r policies insurance have been paid. ;:Ind that the insurance is in full force and etfect. The Developer shall see that a copy of the policy is tIled with the Township. 9.6 Claim in Excess of Policv 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 \vhich it mav he held resDonsible. 10. The works to be installed are set out in Appendix "c" of this Schedule. 11. The Developer shall plant two (2) 2..+ 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. 12. DEFINITIONS For the purooses of this Schedule: - 21 - The term "Underground Services" shall mean the storm drainage works (including culverts and storm sewer), water works. underground electrical distribution system and street lighting serving the Plan of Subdivision. as more particularly described in Appendix "c" to this Schedule: The term "Municipal Underground Services" shall mean the storm drain(),ge works (including culverts and storm sewen water works. and street lighting serving the Plan of the Subdivision; 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 Schedule, as more particularly identified' in Appendix "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 Municipal Underground Services by the Township: 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 contlrming that the Municipal Underground Services constructed by the Developer. in accordance with the terms of this Schedule. and as more particularly identified in Appendix "C", have been satisfactorily completed and maintained by the Developer during the two-year (2) maintenance period. and issuance of the said Certificate shall constitute final acceptance and assumption of the Municipal Underground Services by the Township; The term "Aboveground Services" shall mean all municipal services to be constructed by the Developer pursuant to the terms of this Schedule. as more particularly identified in Appendix "C". excluding Underground Services: 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 contirming that the Aboveground Services to be installed by the Developer under the provisions of this Schedule. as more particularly identified in Appendix "C". have been substantially completed. in accordance with plans and specifications reviewed J,nd accepted hy the Township EngineeT. The issuance of a Certiticate of Substantial Completion and .-\cceptance (Aboveground Services) shall constitute an assumption of the :.\boveground Services by the Township tor winter maintenance only: The term "Certificate of Maintenance and Final Acceptance i..J..bo\eground SetTlces)" shail mean a CertIticate issued by the Township upon the recommendation of the Township Engineer contirming that the Aboveground Services constructed by the Developer in accordance with the terms of this Schedule. and as rnore particularly identitied in Appendix "C". have been satisfactorily completed and maintained by the Developer during :he t'.'..o i 2) year maIntenance penod. .md issuance of the scnd Certiticate shall constitute tinal acceptance and assumption of the -\bo\'e!:,'Tound Services by the Township: - 22 - F \- ~' 1'--1, '-" The tem "Certificate of Substantial Completion and Acceptance" means a Certiticate of Substantial Completion and Acceptance (Municipal Underground Services) or a Certificate of Substantial Completion and Acceptance (Aboveground Services), as the provisions of this Schedule require: The cerm "Certiticate of Maintenance and Final Acceptance" means a Certificate of Maintenance and Final Acceptance (Municipal Underground Services) or a Certificate of Maintenance and Final Acceptance (Aboveground Services), as the provisions of this Schedule require. 13. Any lot, which will require special attention in order to be serviced, will be listed on Appendix "D" of this Schedule. Prior to the issuance of a building pennit for any lot listed in Appendix "0", the Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be taken to COITect the problems on the lot. This proposal must be approved prior to applying for a building permit. 14. 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 tems 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 pemission 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 pemitted to be installed and no Building Pennits issued until this approval has been received and additional securities deposited. When fitly (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 wiH 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 tifty 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 shal1 be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of the services. Phase 3, Stage IV Phasing Section ".-\" Lots 33. 34. 44 Reg Plan M-367 Blk 82. 83. 84. 85. RP M-367 Part 6 & 7 5IR-17872 Part 5 & 9 SIR-31153 Section"B" Part 16,15.17.1-+.13.12.11.10.8.7.24.23.22.21.20.19.18. ~ 1 R-31153. Blocks 70 and 80 Section "C" Lot 47-55: \1-3(,"; Lots 59-113 M-367 Part I. 2. 3. 4. A. 25. 2fi. 27 51 R-311.53 /43 -I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-082 Being a By-law to Authorize the Execution of an Amended Pre-Service Agreement (Laurel View Homes (HV) Inc.) WHEREAS Section 51, Subsection (26) of the Planning Act, R.S.O. 1990, Chapter P .13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which the subdivision plan applies: AND WHEREAS, pursuant to By-law #97-86 of the Township of Oro-Medonte did enter into a Pre-Servicing Agreement with the Owner (Laurel View Homes (HV) Inc.), Parcel 2-9, Section 51-0ro-4 (former Township of Ora), Being all of PIN #74055-0119(Lt), County of Simcoe (Phase I of Horeshoe Adult Lifestyle Community); AND WHEREAS, pursuant to By-law #97-86 of the Township of Oro-Medonte, it is deemed desirable for the Township to enter into an amended Pre-Service Agreement with the Owner (Laurel View Homes (HV) Inc.), Parcel 2-9, Section 51-0ro-4 (former Township of Ora), Being all of PIN #74055-0119(Lt), County of Simcoe (Phase I of Horeshoe Adult Lifestyle Community); NOW THEREFORE the Council of the Township of Ora-Medonte hereby enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, an Amended Pre-Servicing Agreement, a copy of which is attached hereto and forms part of this By-law as Schedule 'A'. 2. That the Municipality shall be entitled to enforce the provisions of the Amended Pre-Servicing Agreement against the owners. 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 26th day of June, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook i - PRE-SERVICING AGREEMENT AMENDMENT - between - LAUREL VIEW HOMES (HV) INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE DESCRIPTION OF LANDS Parcel 2-9, Section 51-Oro-4 (Former Township of Oro), Being all of PIN #74055..Q119 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE \ June, 2002 By-Law No. PRE-SERVICING AGREEMENT AMENDMENT /4j - 5 THIS AGREEMENT MADE BETWEEN: The Corporation of the Township of Oro-Medonte (hereinafter called the "Township") - and - laurel View Homes (HV) Inc. (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule "A" attached (the "Subdivision lands"); AND WHEREAS the Developer desires to commence installing municipal services with the Subdivision lands prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; AND WHEREAS the Township of Oro-Medonte and the Developer entered into a Pre- Servicing Agreement on April 2, 2002, registered as Instrument No. SC9488, for the rough grading of lands decreed in Schedule "A". AND WHEREAS the Municipality and the Developer wish to amend the Agreement to provide for the installation of sanitary sewers, storm sewers, watermain and road works. NOW THEREFORE THE PARTIES HERETO AGREE AS FOllOWS: 1. ASSUMPTION OF RISK BY DEVELOPER 1 .1 The Developer agrees to assume all risk in commencing installation of Township services on the Subdivision lands, prior to the execution of a Subdivision Agreement with the Township, and the registration of the Plan of Subdivision. The Developer hereby releases the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever which may arise either directly or indirectly as a result of the installation of Township services by the Developer. 1 .2 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre-servicing of the Subdivision lands shall cease immediately. 1.3 The Developer acknowledges and agrees that engineering design plans and specification for the Township services to be installed by the Developer, as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into for the Subdivision lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the engineering design drawings and specifications for the Township services, together with the costs of modifying, reconstructing, removing and/or replacing the Township services installed by the Developer pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. 2 1.4 1Tel -f The Developer acknowledges and agrees this approval relates only to the ..j installation of the following Township services: ; 1. Installation of sanitary sewers, storm sewers, watermain and road works as shown on URS Cole Sherman drawings dated May 1, 2002 as follows: General Plan Sanitary Drainage Plan Phase 1 Sanitary Drainage Plan Erosion and Sediment Control Plan Storm Drainage Plan Grading Plans Plan and Profiles Standard Details G1 G2 G2A G3 G4 L1 to L2 P1 to P8 D1 to D5 1.5 The Developer acknowledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. 1.6 The Developer acknowledges and agrees that no work shall be carried out on lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Developer acknowledges and agrees that all Servicing Plans must comply with Federal, Provincial and Township provisions. 2. REQUIREMENTS PRIOR TO THE COMMENCEMENT OF WORK 2.1 The Developer agrees to submit the following to the Township, in a form satisfactory to the Township, prior to the commencement of the installation of Township services on the Subdivision Lands: a) A letter from a qualified Engineer experienced in the field of Township services confirming: 1. Retainer - That their firm has been retained by the Developers to act as Consulting Engineers for Laurel View Homes (HV) Inc.; 2. Terms of Retainer - The terms of their retainer with the Developer as follows: a) Plans and Specifications - Prepare plans and specifications for the construction of Township services; b) Cost Estimates - Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals - Obtain all necessary approvals to construct; d) Co-ordination - Co-ordihate the installation of Township services to avoid conflicts with regard to telephone, cable T.V. and Township services; e) On-Site Inspections - Ensure that all on-site inspections of Township service installations are conducted by the Developer's Consulting Engineers at all times during construction; f) As Constructed Drawinqs - Submit certified "as-constructed" drawings after acceptance of the Township services; 3 g) ChanQe in Retainer - If, at any time during the project: j / 1 !'fq '5 '-J i) the terms of their retainer are changed by the Developer, or; ii) if they become aware that they will not be able to provide "as constructed" drawings, they will notify the Township within twenty-four (24) hours; h) Erosion and Siltation Control- Ensure all necessary precautions are taken to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b) Confirmation letters are to be filed with the Township Clerk, confirming the following: 1) the Township Engineer has no objection to the pre-servicing; 2) the Planning Department has no objection to the pre-servicing; 3) the Township Solicitors have no legal objections to the pre-servicing. c) Payment of cash or certified cheque required to cover the cost of the Township's lawyer and planner, for all costs involved in processing the Pre- Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection on behalf of the Township for the sum of Five Thousand Five Hundred Dollars ($5,500.00). 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. In the event that the deposit is drawn down to a level of Two Thousand Five Hundred Dollars ($2,500.00) or less, and the Developer does not pay the accounts within thirty (30) days, it is hereby understood and agreed that the Developer is in default of this Agreement and all work must cease. d) A Letter of Credit, as per Schedule "C", in the amount set out in Schedule "B", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands. The said Letter of Credit shall provide that if in the sole opinion of the Township default under the terms of this Agreement has taken place, the said Letter of Credit may thereupon be drawn upon in whole or in part. e) A certified copy of an insurance policy, or a certificate of insurance, confirming comprehensive general liability in the amount of Five Million Dollars ($5,000,000.00), naming the Township as co-insured, and containing the following additional provisions or endorsements: 1) Products/Completed Operations provisions; 2) Cross-liability clause; 3) Blasting incfuded, only if done by independent contractor; 4) 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. f) All Servicing Plans shall be submitted to and accepted by the Township Engineer. g) The Ministry of the Environment and Energy have given technical approval to the Servicing Plans. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to 4 services to be installed by the Developer. Notwithstanding that inspections may ..J be conducted by the Township or its agents, the Developer shall bear sole responsibility for the soundness of the engineering design of the Township services, and for ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Township or to eliminate a potential hazard to persons, such work may be done immediately by the Township at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Township lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Township in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement for the Subdivision Lands with the Township. Thereafter, any reductions in the security posted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall not be required to assume the Township services to be constructed by the Developer pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Township services have been completed, inspected, and approved. 7. NOTICE 7.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Laurel View Homes (HV) Inc. 40Q1Ghesswood Drive NORTH YORK, Ontario M3J 2R8 and such notice shall be deemed to have been given and received on the third day after mailing. 8. NO ASSIGNMENT 8.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. 5 /4q - I -c.J. -/1' IN WITNESS WHEREOF the Developer has hereunto set its hands and seals thif7 I day of.:Jd N C . 2 . rry Leiderman HAS THE AUTHORITY TO BIND THE CORPORATION IN WITNESS WHEREOF the Township has hereunto sets its hands and seals this day of , 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: J. Neil Craig, Mayor Per: Marilyn Pennycook, Clerk 6 t'l Lf - 0 DESCRIPTION OF LANDS -0 Parcel 2-9, Section 51-0ro-4, (former Township of Oro), being all of PIN #74055-0119 (Lt), Township of Oro-Medonte, County of Simcoe. 7 SCHEDULE "S" /43-q CASH DEPOSITS TO SE FILED WITH THE TOWNSHIP 1. Securities posted original Pre-servicing Agreement dated March 20, 2002 to be held by the Township until subdivision agreement is finalized. $ TOTAL CASH DEPOSITS TO THE TOWNSHIP SECURITY TO SE DEPOSITED WITH THE TOWNSHIP $ 8 i'l/I THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE -- , BY-LAW NO. 2002-083 Being a By-law to Authorize the Execution of an Agreement of Purchase and Sale between The Corporation of the Township of Oro-Medonte, The Corporation of the City of Barrie, the Corporation of the City of Orillia and Ukcan II Incorporated WHEREAS s. 207, paragraph 5 of the Municipal Act, RSO 1990, c.MA5, as amended, authorizes a Municipal Council to pass a by-law for entering into and pertorming of any agreement with any other Council for fulfilling, executing or completing at their joint expense and for their joint benefit any service within the jurisdiction of the Council; AND WHEREAS s. 207 paragraph 10 of the Municipal Act, RSO 1990, c.MA5. as amended, further authorizes, inter alia, a Municipal Council to pass a by-law for establishing, operating, maintaining and improving aerodromes in compliance with the Air Regulations (Canada); AND WHEREAS, the Township of Oro-Medonte, the City of Orillia, the City of Barrie and the Lake Simcoe Regional Airport Commission previously entered into such an Agreement dated AND WHEREAS pursuant to s.21 0.1 of the Act and regulations thereto, a Council may enter into agreements for the provision of municipal capital facilities by any person; 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, an Agreement of Purchase and Sale for lands located in Part of Lot 19, Concession 7 (geographic Township of Oro), Township of Oro-Medonte, County of Simcoe, more particularly designated as Parts 2 and 3 on Schedule 'c' to the Purchase and Sale agreement; such schedule being attached hereto and forming part of this By-law as Schedule 'A'. 2. 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 26th day of June, 2002. By-Law read a third time and finally passed this day of ,2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook . ~ ;, ~ !!i II ." ! ____. ~ :1 :\ -.J " ;. , ' 1,111..1 ,~.:"".,...h. ~ K; . -_.,~~~".. ..~ ~/ . .I~ /. " c.":-:--.~ - -. -. ~/~~. ~ " I ,..____....?~.!~~2!!P .... ,_.'''' ,-. ",. ..', , ~ ,~.__.~!}L-.._DNVMOlI~ ..:: -. .... ,..--::;;.::-:.:.._.....;.~=-.:.:... ,-, ,~ __,_ ovo~ c..' - - i' _.__---"""LO--'1' II .Jt;;- ., ;,{ ~ I ~ .! <> <> n~i ~ SCHEDULE C ..------- ....------~. <" o I I " I '''--., ~ '- '1 ,:)1 "L- I c' 1 (" ,~ ,0 t c , , ~ I ,. I C> .;; 'l- :. i u ". ;u j: I; I; . ,I I. - -!:J. U~ .X: " " ;. ., II ~~ i! ! ~lt --- i;t$ ,~ I ill 1'1.- '^~ I~L'1!! ~: I. J.1 ~ ~ 0 [,!JC:Z-< i,.,i! ~ C) ~ """ ,1; r - H ~ ~ ~ i I! ,,~ I aHt~.'O.J; ...J ~ mmm~ a:!:!ac e a =:: ~ ~;:ti n i Art tiae ~~" !h ';~ ij j \! l~n! ,!u i:;' H,d i .~1 "11 ~;i ~ - .I. !;~ 1.: :f 1 , ~~'~il'~ i :~j ; ~ i: ".' ~ -, ,'I I ~~, .~ a 'Ii 5 ,~(! ~ 'it, J i9: ; Iii :11 , I l,,: " i ---- ". t ~~ :~g:g~:8o: I; ,",~A:.t",...:z _'z ~ ._:( ; ~~-i: c ~ ~ ~ 'i~ \0 ~ ~ . g~ ~ l~ ~ ~ ~ f5 i.... ~ ~ t ~ g Q ; Z i ;: ;;; c /1/ It .,;)... oS> :1 : 1 .... :. i 0 ~ \- ::; - ! .\ ; ) . & ~ ~ - . , . . i o ~;s 1>- -'" Iv H o . i . j I i . I i J i ~ I T . . . ~ I ! JJ I \ I I \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 14- ;) BY-LAW NO. 2002-073 BEING A BY-LAW TO AMEND BY-LAW NO. 99-131 BEING A BY-LAW TO ESTABLISH USER FEES FOR LIVESTOCK CLAIMS IN THE TOWNSHIP OF ORO- MEDONTE WHEREAS Section 3(3) of the Livestock, Poultry and Honey Bee Protection Act provides that the Council of a Municipality may pass a by-law to fix the maximum amount payable for any head of livestock in any year and may fix the proportion of the damages ascertained, if wild animals other than wolves kill the livestock or poultry; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it necessary and desirable to amend By-law No. 99-131 to establish maximum amounts payable for livestock claims caused by wild animals; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. That By-law 99-131 be amended by the addition of the following: "5. MAXIMUM CLAIM 5.1 The maximum total amount payable by the Township of Oro- Medonte for any claim for livestock in any year, if wild animals kill the livestock or poultry, shall be $5,000.00. 5.2 "Wild Animals" shall include, but not be limited to, wild dogs running as a pack. 5.3 The Township of Oro-Medonte may fix the proportion of the damages ascertained. 6. FORCE AND EFFECT" 2. That this by-law shall come into force and effect on its final passage thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 26th DAY OF JUNE, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 2002. DAY OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook , / ! , CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2002-75 "Clean & Clear By-law" Being a By-law of the Corporation of the Township of Oro-Medonte to prohibit the throwmg, placing or depositing of refuse or debris, waste material or wastes on private property or mUnicipal property. WHEREAS Section 210. paragraph 82, of the Municipal Act R.5.0 1990, chapter MAS, as amended, provides that councils of local municipa(ities may pass by- laws for prohibiting the throwing, placing or depositing of refuse or debris on private property or on property of the municipality or any local board thereof without authority from the owner or occupant of such property; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it necessary and expedient, and in the public interest to enact a By-law to prohibit littering of private or municipal property for all residential, commercial and industrial uses; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS; 1. Definitions for the purpose of this By-Law: (a) "Commercial or Industrial Waste" means any article, thing, matter or any effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, businessl calling or occupation that appears to be waste materia. (b) "Heavy pick-up wastes" means weighty or bulky articles such as furniture, bed springs, mattresses, barrels, boxes, water and fuel tanks (empty only), and any other discarded material which would normally accumulate at a dwelling. (c) "Household wastes" means ashes garbage, rubbish, discarded material, clothing, waste paper, broken crockery, glassware, and other such articles as would normally accumulate at a dwelling, but shall not include weighty or bulky articles such as stoves, mattresses, furniture, barrels, boxes, trees, discarded truck and automobile parts, tires or batteries, manufacturer's waste. water and fuel tanks, liquid waste, straw hay and manure, carcass of any dead or live bird, anima( feces, natural soil, earth, sand, clay, gravel, stones or other excavated materials, and fence wire. (d) "Municipal property" means any property under the jurisdiction of the Municipality. (e) "Municipality" means the Corporation of the Township of Oro- Medonte. (f) "Person" means a natural person, unincorporated association or organization, firm, partnership, private club, corporation, agent or trustee and the heirs, executors, administrators, or other legal representatives of a person to whom the context can apply according to the By-Law. (g) I LJ.- {. - j 'LJ 0\., "Private property" means privately owned property zoned for residential, commercial or industrial use. (h) "Refuse or debris" shall include sand, rock, gravel, grass, weeds, liquids, domestic garbage, trees, asphalt. concrete or pieces thereof or any commercial or industrial waste. (i) "Waste material" includes: i. garbage, rubbish, discarded building materials, refuse or junk, boulders in excess of 0.028 cubic metres, trees or tree stumps; ii. tin cans, bottles, boxes or other containers; iii. derelict or inoperative motor vehicles; iv. derelict, abandoned or inoperable machinery, appliances and furnishings, both household and commercial; v. agricultural waste or sewage, or any liquid waste accumulated from home or place of business; vi. animal carcasses. U) "Wastes" shall mean any or all of the definitions of this section for the purposes of this By-law, including heavy pick-up wastes, household wastes, refuse or debris and waste material. 2. Offences 2.1 No owner shall allow or permit the creation, presence or existence of any refuse or debris, waste material or wastes in or upon any yards, vacant lots, grounds or buildings which such owner owns, rents, occupies or tias an interest in, whether such interest is legal or equitable. No person shall throw, place or deposit any refuse or debris,... waste material or wastes on private property or on the property OT the municipality or any local board thereof without authority from the owner or occupant of such property 3. Removal 2.2 Where the property owner or municipal authorities are required to remove any refuse or debris, waste material or wastes deposited on their property, the full cost of such removal shall be recoverable from the person responsible or the property owner responsible for such littering or discarding. 4. Notice unauthorized dumpinq in municipal propertY containers The municipality shall post notice that unauthorized dumping in a container or dumpster placed on municipal property is prohibited in accordance with this By-law. 5. Inspections The By-law Enforcement Officer, or other person appointed for the purpose of enforcing this By-law; (a) has the power to enter upon and examine any yards, vacant lots, grounds or buildings, other than a dwelling, at any reasonable time or times, and (b) IL(- r'-<: '-.! - may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this By- law. 6. Other Legislation If this By-law conflicts with the provisions of any other By-law or By~law of the County of Simcoe, the provisions of that By-law prevail to the extent of the conflict. 7. Validity and Severability Should any sectionbsub-section, clause, paragraph or provision of this Bylaw be declared y a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of any other provisions of this By-law or of the Bylaw as a whole. 8. Penalty Every person who contravenes any provision of this By-law is guilty of an offence and liable upon conviction to a penalty not exceeding $5,000.00 exclusive of costs and the provisions of the Provincial Offences Act, R.s.b. 1990, c. P.33, as amended, shall apply to the said fine. Such matter or thing shall be done at the person's expense, and the corporation may recover the expense incurred in doing it by action, or the same may be recovered in same manner as municipal taxes. 9. Short litle This By-law shall be cited as the Clean and Clear By-law. 10. Force and Effect This By-law shall come into full force and effect upon the day of final passage thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 26TH DAY OF JUNE, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook THE CORPORA TJON OF THE TO'VNSHJP OF ORO-MEDONTE BY -LA W NO. 2002-076 "Animal Control B)'-Iaw" Being a By-law t() regulate, license and control animals within the Township of Oro- Medonte. 'VHEREAS the Livestock, PouJtry and Honey Bee Protection Act, R.S.O. 1990, L.24, The Animals for Research Act, R.S.O. 1990, A.22, The Pounds Act, R.S.O. 1990, P.17, The Dog Owners Liability Act, R.S.O. 1990, D.16, The HeaJth Protection and Promotion Act, R.S.O. 1990, MAS, contains certain provisions enabling municipalities to pass By-Laws; AND WHEREAS Section 210, Paragraph 1 of the Municipal Act, R.S.O. 1990, chapter MAS provides that by-laws may be passed by the councils of local municipalities for prohibiting or regulating the keeping of animals or any class thereof within the municipality or defined areas thereof and for restricting, within the municipaJity or defined areas thereof, the number of animals or any cJass thereof that may be kept by any person, or that may be kept in or about any dwe]]ing unit or cJass of dwe]]ing unit as defined in the by-law; AND 'VHEREAS Section 210, Paragraphs 2 and 11(e) of the Municipal Act, R.S.O. 1990, as amended from time to time, permits the Council of a local municipality to pass by-laws for regulating and licensing establishments for the breeding or boarding of animals, or any cJass thereof, within the municipality or defined areas thereof; AND WHEREAS the Municipal Act, R.S.O. ] 990, Chapter M-4S, Section 210, Subsection 9, authorizes the passing of By-laws by the Councils of local Municipa]ities, for requiring an owner of a dog to remove forthwith, excrement left by the dog anywhere in the Municipa]ity; AND WHEREAS the Municipal Act, R.S.O. ]990, Chapter mAS, Section 210, Paragraph 11, provides for the licensing and regulating of dogs and keeping of kennels; AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter MAS, Section 210, Paragraph 13, provides for prohibiting and regulating the running at large of dogs; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it advisable to exercise the authority to prohibit or regulate the keeping of animals; to regulate and license establishments for the breeding and/or boarding of dogs, with the corporate limits of the Township of Oro-Medonte; provide for the removal of dog excrement on public or private property within the Township of Oro-Medonte; to provide for the Jicensing, regulation, registration and prohibition of certain types of animals within the Township of Oro-Medonte; . C7-- NOW THEREFORE THE COUNCIL OF THE CORPORA TJON OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1.0 TITLE: This by-law may be referred to as "The Animal Control Bylaw". 2.0 DEFINITIONS: 2.] "Agricultural" means pertaining to agriculture, farming. 2.2 "Animal" means any member of the animal kingdom of living beings, excluding humans, without limitation, "Animal" sha11 include mammals, dogs, birds and reptiles. 2.3 "Animal Control Officer" inc1udes the persons or Association who has entered into a Contract with the Corporation of the Township of Oro-Medonte to control animals. This inc1udes any employee appointed by the Corporation. 2.4 "Boarding" sha11 mean the taking in of dogs for a period of time for capitaJ gains 2.5 "Breeding" sha11 mean the generating of offspring resulting in quaJity of upbringing as in pure- bred dogs. 2.6 "Council" means the elected Council of The Corporation of the Township of Oro- Medonte. 2.7 "Dog" sha11 mean a maJe or female dog, over the age of twelve (12) weeks. 2.8 "Fur-bearing animal" means an animal designated by name as a fur-bearing animal in the Fur Farms Act or decJared to be a fur-bearing animal in the regulations made thereunder. 2.9 "KenneJ" means any premises where dogs are boarded or are kept for the purposes of breeding, or registered hounds for the purposes of hunting, or dogs kept solely for the purpose of routinely entering into dog sJed or other similar races or persona] uses. .. 2.10 "License" shaH mean a certificate issued by the Township upon compliance to this By-law permitting an owner to operate a Kenne1. 2.11 "Livestock" means animals or poultry, designated as Jivestock and includes cattle, fur-bearing animals, goats, horses, rabbits, sheep, swine, fowl, ox. 2.12 "Lot" shaH mean a parcel or tract of land which is ]egal]y in distinct and separate ownership or which is shown on a registered plan of subdivision. A registered plan of subdivision for the purposes of this paragraph, does not include a plan which is deemed not to be a registered plan of subdivision by a by-law passed under the Planning Act. 2.13 "Municipa]ity" means The Corporation of the Township of Oro-Medonte. 2.14 "ONT. SPCA" shaH mean the Ontario Society for the Prevention of Cruelty to Anima]s or any local branch of the Ontario Humane Society. 2.15 "Owner" includes an assessed owner, tenant, occupant or any person having an interest whether equitable or legal in the land. 2.] 6 "P]anner" shall mean the official or employee of the Township charged with the duty of administering the provisions of the Zoning By-]aws. 2.] 7 "Po]ice" means a poJice officer as defined by the Police Services Act. 2.] 8 "Prohibited anima]" shaH mean birds or reptiles. 2.19 "Pure-bred" sha1l mean any dog that is registered or eligib]e for registration with an association incorporated under the Animal Pedigree Act (Canada). 2.20 "Residentia] ]ot" sha1l mean a Jot, aH or part of which is within a Residentia] zone, or a Residential lot in an Agricultura] Zone, or a Residentia] lot in a rural Zone. 2.2] "Tag" means a marking device issued by the Corporation of the Township ofOro- Medonte, or its authorized agent. 2.22 "Township" shall mean The Corporation of the Township of Oro-Medonte. 2.23 "Under Contro]" shall mean that when an anima] is not on the property where it is usuaHy kept, the anima] must be leashed or chained, and must be held securely by the person accompanying the anima] and that person must be physica]ly able to control the anima1. ,. ":"""""'" 3.0 PARTS: Part A: Licensing, regulating and contro11ing dogs. Part B: Regulating and licensing for kennels for breeding and boarding dogs. Part C: Regulating and prohibiting the keeping of pigeons. Part D: Regulating and prohibiting the keeping of animals. 4.0 SCHEDULES: Schedule A: Fees. Schedule B: Application for Kennel License. 5.0 OFFENCES 5.1 Every person who contravenes any Provision of this By-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act. R.S.O. 1990, Chapter P.33, and every such fine is recoverable under the Provincial Offences Act. 5.2 The conviction of an offender upon the breach of any provisions of this By-law sha11 not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provisions of the Municipal Act, R.S.O. 1990, MAS, s327, as amended from time to time, sha11 further apply to any continued or repeated breach of this By-law. 5.3 If any COUl1 of competent jurisdiction finds that any of the provisions of this By-law are ultra vires the jurisdiction of Council, or are invalid for a reason, such provision sha11 be deemed to be severable and sha11 not invalidate any of the other provisions of the By-law which sha11 remain in fu11 force and effect. This By-law sha11 be enforced by the Building/By-Law Enforcement Department and/or its' Agents. NOTE: Any person may appear before a Justice of the Peace and swear an information charging the owner of an animal with a breach of this by-law. ... '- PART "A" LICENSING, REGULATING AND CONTROLLING DOGS J. Every owner of a dog or dogs shan, on or before the J 51 day of March in each and every year, or upon becoming the owner of a dog or dogs, register such a dog with the Corporation of the Township of Oro-Medonte and procure a license and dog tag for each dog owned. 2. Every dog tag shan bear the serial number and the year in which it was issued and a record sha1l be kept by the Township of Oro-Medonte showing the name and address of the owner and the serial number of the tag. 3. The owner shan keep the dog tag securely fixed on the dog at an times and such tag is non-transferable. 4. The fee charged for the replacement of a lost dog tag sha]] be one do]]ar ($1.00). a) Every license issued pursuant to this by-law sha]] expire on the 28th day of February, following the year in respect of which it was issued and the license fee paid to the Corporation of the Township of Oro-Medonte at the time of issuing of the license shan be as provided for in Schedule "A" attached hereto. b) No person or persons sha]] keep a dog or dogs in a single dwening unit unless each dog has a license issued pursuant to the fees provided for in this By-law. c) No person sha]], nor sha]] anyone household own, possess, or harbour, or board, or license more than two dogs unless the person or household holds a valid kennel license issued pursuant to Part B. 5. a) No owner of a dog shan a1low the dog to run at large within the limits of the Municipality of the Township of Oro-Medonte. b) For purposes of this section a dog sha]] be deemed to be running at large when found elsewhere than on the property of the owner and not under the control of a competent and responsible person. c) No owner of a dog shan anow the dog to howl or bark excessively or otherwise become a nuisance. 6. a) Subject to Section 5 of this section, a Police officer or Animal -,. - '. Control Officer may: i) seize and impound any dog found running at large, and ii) restore possession of the dog to the owner thereof, where ] . the owner claims possession of the dog within five days (exclusive of statutory holidays and Sundays) after the date of seizure, and 2. the owner pays to the Police officer or Animal Control Officer a pound fee of fifty do]]ars ($50.00) for a dog seized and impounded plus any costs of the poundkeeper chargeable to the Corporation of the Township of Oro-Medonte. This fee wi]] increase in multiples of $50.00 (fifty dollars) for each additional occurrence within a calendar year. 3. no dog shall be returned to the owner unless it has been licensed in accordance with the provisions of this By-law and any purchaser of a dog without a license or a dog tag shall obtain a license and dog tag for the current year before delivery is made. iii) where a dog is impounded, the owner, if known, and whether the dog is claimed from the pound or not, shall be liable for the pound and maintenance fees granted by the ONT. SPCA, and shall pay all fees on demand to the Animal Control Officer. b) Where, at the end of the said five days, possession of the dog has not been restored to the owner under Subsection a) the Animal Control Officer may sell the dog for such price as he deems reasonable. c) Where the owner of a dog has not claimed the dog within five days after its seizure under Subsection a), above, and the dog has not been sold, the Animal Control Officer may kill the dog in a humane manner or otherwise dispose of the dog as he sees fit and no damages or compensation shall be recovered on account of its killing or other disposition. d) Where a dog seized under Subsection a) of this section is injured or should be destroyed without delay for humane reasons of safety to persons or animals, the Police officer or Animal Control Officer may kill the dog in a humane manner as soon after seizure as he thinks fit without permitting any person to reclaim the dog or without offering it for sale and no damages or compensation shall be recovered on account of its killing. - '"" 7. Every person who owns, controJs or harbours a dog shan immediateJy remove any excrement Jeft by such dog on pubJic or private Jands in the Township of Oro- Medonte, and shaJJ dispose of such excrement in a sanitary manner. " 8. Notwithstanding Section 1, proof that the owner is either a bJind person or an otherwise physicaJJy disabJed person shaJJ constitute a defense to the prosecution of such an offence. ,. .. "'- ~-, --\,' c PART "B" REGULA TING AND LICENSING FOR KENNELS FOR BREEDING AND BOARDING DOGS ].0 KENNEL LICENSING 1.1 No person sha11 own, operate, manage, control, supervise, or have on any property any kennel unless a Jicense has been issued for such kennel by the Township. 1.2 Only the owner of the property upon which the kennel is proposed to be located may apply for and receive a kennel license. 1.3 Every owner who appJies for a Jicense shaH do so on the form prescribed by this By-law as Schedule HB" attached hereto and forming part of this By-law. 1.4 Every owner applying for a license for breeding purposes sha1l submit the f01l0wing documentation: a) Copy of active membership in the Canadian Kennel Club or any other Association incorporated under the Anima] Pedigree Act (Canada) (if available); b) A written, up-to-date approval from the Humane Society with any costs involved borne by the applicant; to ensure compliance with this By-law; c) A site plan drawn to scale showing all buildings on the subject property and the location of a1l kennel structures, and must also specify the distances which separates the kennel structures from a11 property lines and aJ) buildings, including any buildings situated on an adjacent property; d) Verification of current rabies vaccination for aH dogs kept or to be kept at the subject kennel for breeding purposes. .. 1.5 Every applicant for a kennel 1icense for boarding purposes shaH submit the f01l0wing documentation: a) A written, up-to-date approval from the Humane Society with any cost involved borne by the applicant; to ensure compliance with this By-law; .;,r-'-'- -, b) A site plan drawn to scale showing a11 buildings on the subject property and the location of al1 kennel structures, and must also specify the distances which separate the kennel structures from a11 property lines and a11 buildings, including any buildings situated on an adjacent property; ].6 Every application for a license sha11 be approved by the Planner for the Township, in accordance with Township Zoning By-law. 1.7 Prior to the issuance of a license, the applicant sha11 pay a fee as set out in Schedule "A" attached hereto and forming part of this By-law. ] .8 No person sha11 be granted a license if such person has been convicted under Section 446 of the Criminal Code of Canada pertaining to animal cruelty. ].9 Any owner issued a license pursuant to this By-law shal1 appJy to the Township to obtain approval for proposed changes to the information contained with Schedule "B" and Sections ] A.(c) and/or] .5.(b) of this By-law. ].10 Every license issued pursuant to this By-law sha11 expire on the 281h day of February in the year succeeding the date of issue, and every application for renewal of a license shaIJ be finalized on or before the same date. Note: Late Payment fee increases $20.00 on the first day of every month there after. 2~ CONflNEMENTOFDOGS 2.] All dogs shaIJ be confined inside the kennel structure during the hours of ] ] :00 p.m. to 7:00 a.m. 3.0 REVOCA TION OF LICENSE 3.] Any kennel license application which fails to meet the minimum requirements prescribed herein, shalJ be refused for reasons of non-compliance with the provisions of this By-law. In the event that a license is refused, the owner has the right to a hearing under the Statutory Powers Procedures Act, R.S.O. ] 990, S.22, as amended. 3.2 Any license issued under the provisions of this By-law may be revoked prior to expiration for any breach of the provisions of this By-law, in which case the owner shalJ have the right to a hearing under the Statutory Powers Procedures Act, R.S.O. ] 990, S.22, as amended. ,. ;...."..... ~ '" PART "C" REGULA TJNG AND PROHJBJTJNG THE KEEPJNG OF PJGEONS 1. No person sha]] keep or have any pigeons or racing pigeons unless such use conforms with the zoning regulations and subject to Section 2 and Section 3 of this By-law. 2. Persons may be permitted to keep or have registered racing pigeons that were in existence under a previous by-law of the former Township of Medonte, the former Township of Orillia, the former Township of Flos and the former Township of Vespra and approved by the respective Municipality prior to the passing of this By-law, subject to Subsection 4 (1) to Subsection 4 (] ]) inclusive. 3. Persons may be permitted to keep or have registered racing pigeons, subject to Subsection 4 (]) to Subsection 4 (1 ]) inclusive. 4. Further to Section 2 and Section 3, the following conditions shall apply: (1) The owner shall be a member of a pigeon racing club within the Canadian Racing Pigeon Union. (2) An owner must be a member in good standing of a pigeon racing club. (3) Racing pigeons shaH have a seamless identity band registered to each owner. (4) Racing pigeons must always be under control and never permitted to be a nuisance. Flight times wil1 be supervised (5) The loft to be deemed an accessory building of standard construction, and wi]] require a building permit pursuant to zoning regulations to erect the 10ft. (6) The 10ft position should reasonably be set on the property with due regard to distances from dwellings. (7) The 10ft must be neat, attractive, painted inside and outside, and we]] maintained hygienica]]y. (8) The owner sha]] restrict the number of pigeons in his possession to forty (40) or fewer provided however that during the months of April to October, this number may be increased to provide for the raising and racing of young pigeons hatched that year. . (9) The racing pigeons sha]] be contained in the loft subject to Section 4.4(4) herein. ....- "- (] 0) Food provided for racing pigeons sha]] be contained within the loft. t (1 ]) The club to which an owner belongs may be notified about any complaints so that steps may be taken to rectify a legitimate problem. ]f the owner is in conflict with the By-law provisions, failure to comply will deny him the racing pigeon exemption. INSPECTIONS An animal control officer under this By-law: (i) has the power to enter upon and examine any yards, vacant lots, grounds or buildings, other than a dwe]]ing, at any reasonable time or times; and (ii) may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this By-law. REMOVAL OF ANIMALS The Animal Contra] Officer and/or its' Agents sha]] be authorized to seize any animals of an owner who has contravened the provisions of this By-]aw and refuses to remove the animals. Any costs or charges associated with the seizure of such animals shall be charged against the owner of the animals. . " ..,.;;'" " "- PART "D" REGULA TING AND CONTROLLING ANIMALS 1. No person shan keep, possess or harbour a Prohibited Anima!, on any !and within the Township of Oro-Medonte. 2. Notwithstanding Section 1, the prohibition shal1 not app!y to: a) a veterinary hospita!; b) an Ontario Human Society she1ter or the anima! contro! pound which complies with the Township of Oro-Medonte Zoning By-law; c) any anima! being disp!ayed or exhibited for a set period of time in a municipality sanctioned event, which is operated in accordance with Township of Oro-Medonte conditions. d) A bona fide farming operation for the keeping of any catt!e, horse, goat, sheep, swine or chickens as permitted under the Township of Oro-Medonte Zoning By-law. .. REPEAL: THA T By-laws No. 94-37 and 98-12 and 98-64 be and are hereby repealed. ENACTMENT: 1. That Parts "A", "B", "C", and "D", and Schedules "A" and "B" attached shall fOI111 part of this By-Law; 2. That this By-law shall come into force and take effect upon being enacted by Counci1. BY-LA W READ A FIRST Al\TD SECOND TIME THIS 26th DA Y OF JUNE, 2002. BY-LA W READ A THIRD TIME AND FINALLY PASSED THIS 2002. DA Y OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Penny cook A, -' '...! '" c .f . .. '-' SCHEDULE "A" KENNEL LI CENSE FEES A) Boarding Kennel License B) Breeding Kennel License C) Both Boarding and Breeding $50.00 $50.00 $] 00.00 D) After March] SI in any given year each price will be double the original cost. DOG LICENSING FEES A) For one dog (male) B) For one dog (female) C) For one dog spayed or neutered $20.00 $20.00 $]5.00 D) A late payment fee of an additional $] 0.00 shan be effective after March ] SI in any given year. ~ .. , . SCHEDULE "B" THE CORPORA nON OF THE TOWNSHJP OF ORO-MEDONTE " APPLICA nON FOR KENNEL LICENSE This application is a: New App]ication () Renewa] () Pure-Bred Kenne] License ( ) Boarding Kenne] License ( ) NAME OF KENNEL: APPLICANT: MAJLING ADDRESS: POSTAL CODE: TELEPHONE NUMBER: home husiness Of more than one registered owner with different address.attach separate sheet) Legal Description of Property on which Kennel is to be operated: Lot Con. Plan Kennel will be operated b:r: ( ) same as registered owner; or Name: Address: Postal Code: Telephone: (home) (business) ]f Owner is a Corporation: Name of an Shareho]ders Address % of shares Professional Affiliation of Owner (or operator) Canadian Kenne] C]ub: yes( ) no() e.K.e. No. Other (specify) .. A ~ ,,' " . ,. DECLARATJON ] hereby certify that] haye knowledge of the particulars contained in the foregoing statement, and] solemnl)' affirm that the same are in eyer)' respect fully and trul)' slaled 10 the best of my knowledge and belief, as if made under and by yirtue of The Canada Eyidence Act and] solemnl)' affirm that] (we) haye not been conyicled under Section 446 of the Criminal Code of Canada Pertaining to animal cruelt)'. Dated this the _day of , ]9--" App]icant AppJicant Boarding Kenne] Applicants Only.. I, . hereby certify on behalf of , a boarding kennel establishment, that dogs kept on our premises and under our walch and care are not being offered for sale. Date Signature Note: Council has the right to refuse any kennel application. .. .. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE .. BY-LAW NO. 2002-074 '" BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON WEDNESDAY, JUNE 26, 2002. THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOllOWS: 1. THAT the action of the Council at its Council Meeting held on Wednesday, June 26, 2002. and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirm. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 26th DAY OF JUNE, 2002. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JUNE, 2002. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, Neil Craig Clerk, Marilyn Pennycook . ..