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06 26 2002 COW Agenda TOWNSHIP OF ORO-MEDONTE COMMITTEE OF THE WHOLE MEETING AGENDA DATE: WEDNESDAY, JUNE 26,2002 TIME: 9:00 a.m., COUNCIL CHAMBERS ************************************************************************************************ 1. ADOPTION OF THE AGENDA .. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF: - "IN ACCORDANCE WITH THE ACT" 3. RECEIPT OF ACCOUNTS: Nil. 4. DEPUTATIONS: Nil. 5. CORRESPONDENCE: a) Correspondence from Mr. Donald A. McGee, dated May 30, 2002, re: Proposed opening - Greenwood Forest Rd., at the west end to connect to Winfield Drive. b) Correspondence from Ms Barbara Corduer, dated June 12, 2002, re: Commending Volunteer Firefighters from the Rugby Station for their swift and conscientious response. " c) Correspondence from D.G. Blanchard, Director, Fisheries and Oceans Canada, Small Craft Harbours, dated June 11, 2002 re: Fender Repairs - Small Craft Harbours' - Hawkestone. w d) Minutes for Barrie Public Library Board Meeting #02-03, dated Thursday, March 28, 2002. e) Minutes for Barrie Public Library Board Meeting #02-04, dated Thursday, April 25, 2002. f) Correspondence from John Hungate, Chairman, Waste Management Advisory Council, City of Orillia, dated June 13, 2002, re: Recycling Council of Ontario, 2002 Waste Minimization Award. g) Nottawasaga Valley Conservation Authority, NVCA Highlights, May-June 2002. h) Nottawasaga Valley Conservation Authority, Press Release, dated June 20, 2002 re: NVCA Centre for Conservation. i) Correspondence from Sharon Goerk, Deputy Clerk, Corporation of the Township of Severn, dated June 7,2002 re: Highway No. 12 and Fairgrounds Road. j) Certificate of Appreciation from the Simcoe County Co-operative Education Program, dated June 17,2002. 6. FINANCE, ADMINISTRATION AND FIRE: a) Report No. ADM 2002-29, Jennifer Zieleniewski, CAO, re: Financial Support Request from Doctor's Recruitment Committee (Orillia) b) Recognition Committee re: The Commemorative Medal for the Queen's Golden Jubilee Nominations. c) Recognition Committee re: 2002 Senior of the Year Awards Nominations. d) Report No. ADM2002-30, Marilyn Pennycook, CAO re: Livestock Claims. e) Report No. PR2002-08, Chris Carter, Recreation Coordinator, re: Jarratt Community Hall Capital Roofing Repairs (Report under separate cover). f) Report No. ADM2002-31, Jennifer Zieleniewski, CAO, re: Request for Funding - Ontario's Lake Country. 7. PUBLIC WORKS: a) Report No. ES2002-38, Keith Mathieson, Director of Engineering and Environmental Services, re: Stanfred Holdings Ltd., - Site Plan Agreement- pt. Lot 41, Concession 1 (Township of Flos), Being Part 1, 51 R-12378 Being all of PIN #58365-0056 (Lt). b) Report No. ES2002-37, Keith Mathieson, Director of Engineering and Environmental Services, re: Laurel View Homes (HV) Inc.,- Amended Pre- Servicing Agreement - Parcel 2-9, Section 51 - Oro 4 (Former Township of Ora), Being all of PIN #74055-0119 (Lt) (Phase 1 - Horseshoe Adult Lifestyle Community). c) Report No. ES2002-34, Keith Mathieson, Director of Engineering and Environmental Services, re: Albert Francis Edstrom - Site Plan Agreement - Pt. Lot 21, Concession 9 South. 2 '" ... d) Report No. ES2002-41, Keith Mathieson, Director of Engineering and Environmental Services, re: Request for One Streetlight at the Intersection of Booth Street and Hwy. #11 North. e) Report No. ES2002-39, Keith Mathieson, Director of Engineering and Environmental Services, re: BestPro Corporation - Subdivision Agreement - Parcel 1 0-1, Section 51-0ro-5, Part of West Part of Lot 10, Conc. 5 (Former Oro), Part 1,51 R-27833, Being all of PIN #58536-0050. f) .. Report No. ES2002-40, Keith Mathieson, Director of Engineering and Environmental Services re: Monica Interior Design Ltd. And Modco Investments Ltd. - Amended Subdivision Agreement. g) Report No. PWS2002-08, Jerry Ball, Public Works Superintend, re: Four- Way Stop - Line 11 and 15/16 Sideroad. h) ES2002-36, Keith Mathieson, Director of Engineering and Environmental Services re: Arbourwood Estates Subdivision, Phase II - Request for Fourteen (14) Building Permits, Prior to Completion of Water System Upgrades. 8. PLANNING AND DEVELOPMENT: a) Report No. PD2002-27, Andria Leigh, Township Planner, re: Final Approval of Horseshoe Valley Estate Residential Subdivision 43-0M-20011, Concession 4, Part of Lots 1 and 2 (Oro), Development Application P-110/00. b) 9. Nil. 10. Nil. w 11. Report No. PD2002-26, Andria Leigh, Township Planner, re: Committee of Adjustment Decisions for June. 13, 2002. COMMUNITY SERVICE: ENVIRONMENTAL TASK FORCE: ADDENDUM: 12. IN-CAMERA: a) Deputy Mayor Walter Dickie, re: Property Matter (LSRAC). 13. ADJOURNMENT 3 DONALD A. MCGEE 141 BARBER GREENE ROAD TORONTO, ONTARIO M3C 3Y5 CANADA TEL 416-449-7437 FAX 416-449-7437 emai] damcgee@pathcom.com may 30,2002 Ms andria leigh Planner Township of oro-medonte re proposed opening greenwood forest rd At the west end to connect to winfield dr. l1-1A/ . Dear :ms-1eigh- '.... /H 'J '"",r ..fl' / f )1./ r.: I have a property at 37 greenwood forest rd. I would like to express my opposition to the proposal to open up greenwood forest at the west end thus changing what is now a quiet country road into a thoroughfare with the accompaning inevitable increase in traffic. This increase in traffic will be associated with more car noise, dust, increased danger to sma}} children and pets, potential increase in crime and vandalism simply by more cars and people coming in to the area which is now a fairly safe area. Recently there has some minor vandalism [broken driveway lights and roadsigns torn down] which makes us more apprehensive what a through road could bring, with the increase in people driving through. We have good access to essential services and a through road would in my opinion not make a significant difference. Also the adjacent community of oralea beach would be similarly affected and this would involve more property owners than the greenwood forest area.. We are a group of happy property owners at present and would like to stay that way! If increased access between concession 4 and 5 is thought to be necessary opening winfield drive should provide this. My family including 7 young grandchildren along with our neighbors [ who almost all I am told oppose this road change] appeal to you to leave things as they are. ,/""-... Sincerely l \ /l", / /;' '---j!'/">' Donald M\5Gee __ r___. .... (V, < r. ri ----J r<. \: - }~.) _ _. _._.^ .~. ._0-' .. 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Box 85120 3027 Harvester Road Suite 506 Burlington, Ontario L7R 4K3 C,P.85120 3027, chemin Harvester Bureau 506 Burlington, Ontario L7R 4K3 Your file Vo/re reference OUf file NoIre n?ferenCt' 5883 Hawkestone Tel (905) 639-2050 Fax (905) 639-5975 Tel (905) 639-2050 Fax (905) 639-5975 June] ],2002 Ms. Jennifer Zieleniewski CA OfT reasurer Corporation of the Township ofOro-Medonte ] 48 Line 7 South P.O. Box] 00 Oro, Ontario LOL 2XO r,;-[)~i~~';~i~n; n w:V ...~,;. ,-i; U~1'}-tV I i ! I J, i,' ',:,' ." :: ",v.,r ~ f J~ _ ... iUUL .. Dear Ms. Zieleniewski: j ! QRO-MEDON'rE I ~..I.oWNS~fr, c ""-"'~~;:;f.~' Re: Fender Repairs - Small Craft Harbours' Hawkestone Facility Reference is made to Mr. Jerry Ball's facsimile dated May 27, 2002, regarding the above-noted subject, As discussed, Small Craft Harbours Branch is prepared to participate with the Township of Oro- Medonte in repairing the fendering system at the Hawkestone harbour facility on a 50/50 cost-shared basis to an upset limit of$2,575.00 (inclusive of taxes and GST rebate), Please find enc10sed Purchase Order Number F2930-0201 ] 3 for the above noted work. Please arrange to have the appropriate Township officials sign both copies of the Purchase Order as vendor and return both copies to this office. A copy for your records will be forwarded after signature on behalf of the Minister. After satisfactory completion of the work, you should invoice this office, not exceeding the authorized amount, and attach a completed "Final Certificate of Completion" together with copies of "paid" invoices. On a related subject, we have reviewed the project as required under the Canadian Environmental Assessment Act (CEAA), and have concluded that there are no significant negative environmental effects and you may proceed with the repair work as proposed, ]fyou have any questions, please do not hesitate to contact this office. .. ~ors Since:y, /;l ~/ ~ \) A~L/~~~ D.G. Bl'ancna!# ' Director Attach. c,c.: Mr. Paul DeVi1Iers, M.P. (without attachments) Canada ~ ~. 2 MINUTES FOR BARRIE PllBLJC LJBRARY BOARD MEETING # 02-03 ;./- DATE: Thursday, March 28, 2002 TJME: 7:30 p.m. LOCATION: Consumer's Gas Board Room PRESENT: Ian Plat1, Theresa Blain, Lynn McClean, \\liJJiam Porter, Vince DeCecco, Nancy lnvin, Al Davis, Julie Ross (recorder) ABSENT: c \Vilham Fraser, Mark Sheffi1an, A Eadie .. 1. Can to Order The meeting was caned to order at 7:35pm. ~ ,i... Confiffi1ation of AQenda The agenda was confirmed with the addition of hem 9.2 Barrie Sesquicentennial in 2003 and Item 9.3 OL T A Videoconference. 3. Conflict of]nterest None declared. 4. Minutes ofMeetinQ 4.1 Minutes of Board Meeting Februarv 28. 2002 #02-02 #02-07 JR\VIN-BLAJN THAT the Minutes of Board Meeting #02-02 dated Thursday, February 28, 2002 be adopted. CARRJED. 5. Business Arising . There was an explanation of an item on financial statements included with last month's board package that was biJJed this year but wiJJ be paid from last year's funds. c --./ a 6. Report of the Chair Update on Budget - Several weeks ago. the Mayor asked aIJ service partners, including the Library, to cut their budgets 2%. Suggested cuts to the Library budget were Sunday hours and library colJection. The Library \vas exempted from this cut at the Council meeting on Monday, March 25, 2002. 7. Committee Reports 7.] FinanciaJ Statements for Februarv 2002 <( #02-08 BLAIN - IR'VIN THAT the Financial Statements for February 2002 and the bills amounting to S76~989.78 be approved for payment. CARRJED. 7.2 Personnel Committee Minutes March 20. 2002 #02-09 MCCLEAN - IR'VIN THAT the Minutes ofPersonne1 Committee Meeting #02-0] dated March 20, 2002 be received. CARRJED. #02-10 DECECCO-PORTER THAT the Barrie Pub]ic Library Board agrees to empower the Negotiating Team to negotiate a tentative agreement for ratification by the Board. CARRJED. 7.3 PlanninQ Committee Minutes March 20. 2002 A new strategic plan for the library is to be developed. A one day Strategic Plan Visioning Exercise facilitated by SOLS and attended by Board Members and Managers is required in order to facilitate a process to develop the plan. The date selected is Saturday, May 25, 2002 from 9am to approximately 3pm with lunch provided. Board members not in attendance at this meeting are to be advised by emai!. #02-11 DECECCO-PORTER THA T the Minutes of P]anning Committee Meeting #02-02 dated Thursday, March 28,2002 be received. CARRJED. 4 (1 ,,' ./ #02-]2 DECECCO-PORTER THA T the Barrie Public Library Board expresses to the Cit), of Barrie its interest in becoming a partner with the Cit), in the development of a Libnu"y/Communit), facilit)' on the Big Bay Point!)' onge street site. CARRlED. 8, Director of Librarv Services Report for February .. Fix typographical errors as fo]]ows: Under Volunteer Program, hem I, page 15 -the word "even" should read "event"; Under Personnel, Item 16, page 13 - add "e' to Cook: Under Building, hem 5, page 16- capitalize the word "Health", 9, New Business 9.] Report on Librarv Enforcement of Rules of Conduct Activity by a particular group of people is displacing our normal library activities. Complaints have been registered by phone, email and in person which could damage support of the Library in the future. The police are now acting as the Library's agent to issue and enforce Notices of Trespass. This wi]] be more effective in removing unfavourable activities away from the Library. 9.2 Barrie Sesquicentennial in 2003 T. Blain has asked if the Library is going to participate in these activities. A. Davis has met with John Bearcroft of the City's Sesquicentennial Committee to discuss a program that involves children. 11 wi]] be co-ordinated by the committee. o -: ...to__' OL T A Videoconference The Ontario Library Trustees' Association is presenting a special interactive cross-province video conference for public library trustees. This conference features Ken Haycock presenting "Open Your Eyes: Board Leadership in your Library's Future". The date is Saturday, April 20,2002 from 9am-lpm. 11 is being presented in 9 locations, including Georgian CoJJege in Barrie. If interested in attending, please notify J. Ross or A. Davis by Wednesday, April 10 as registration is required and space is limited. .. :) __ (,--.r '" 9.4 FundraisinQ The Library has been part of a fundraising pannership involving the Georgjan MaWs golf tournament. The MaJJ wi]] no longer hold the tournament. A. Davis wi]] develop some tentative and alternative fundraising alternatives for the Community Development Commjttee. 10. Other Business None declared. ] ]. Committee MeetinQ Dates Planning Committee - Thursday, April] 8 at 7:30pm in the Consumers Gas Board Room. ... ] 2. Date of Next Board Meeting Thursday, April 25,2002 at 7:30pm in the Consumers Gas Board Room ] 3. Adiournrnent The meetinQ was adjourned at 9:04pm. CHAJ R D sdJ/J!,jAA/~ /);;/YI/;( J l) / ~ L DATE/ I 2 MINUTES FOR BARRJE Pl1BLJC LJBRARY BOARD MEKDNG # 02-04 p~.~--- 't" _ t-~ ;'~...: ~~ . 4! ." ). f.-:) f! f. j ~.. :::-- :co ~. L. ~ ~f ~<'~ f . ! ....,$..l i L} lJ ti 7 i ~'!-'i"'"- , LUiJl _: \.- DATE: Thursday, April 25, 2002 TIME: 7:30 p.m. j r-,,_ , -"'fii,..'~il:-'_ "CO" ":lJ0~'.,.. :e..o::-...~...."J'!,J~I~"','~" 4'1;1.f ~'~'<.!1':".:11E....._.....J LOCATION: Consumer's Gas Board Room PRESENT: 1. Platt, W. Porter, W. Fraser, M, SJ1em1an, 1. Blain, L. McClean, V, DeCecco, A. Eadie, A. Davis, 1 Ross (recorder) 1. Ca]] to Order The meeting was ca]]ed to order at 7:32 p.m. ,., Confirmation of Agenda The agenda was confinned. -. 3. Connict of]nterest None declared. 4, 4. ] Minutes ofMeetinD Minutes of Board Meeting March 28, 2002 #02-03 #02 - 13 DECECCO - FRASER THAT the Minutes of Board Meeting #02-03 dated Thursday, March 28, 2002 be adopted. CARRJED. - . Business Arising None. 6. Report of the Chair .. 1.PJattthanked Board Members who were able 10 elt1end Nancy Irwin's funeral and expressed the Board's sadness. A letter was sem to the City Clerk's office asking that Nancy's place on the Board be fi]]ed, A reminder that a Board Visioning Workshop to support the strategic plan is being held on Saturday, May 25. Please let J. Ross know if you are not able to attend. B. Porter and 1. Platt attended the OL T A videoconference at Georgian ColJege with Ken Haycock. The presentation was we]] attended by Ontario Trustees via a number of university locations. Simcoe County was best represented. The session deaJt, in part, with the role of Trustees in strategic pJanning with City and Chamber of Commerce strategic plans. Thanks to J. Ross for efforts for Volunteer Week recognition. Letter sent to Mayor and Council expressing Board's interest in a partnership with the City for a joint civic/library facility. Problems requiring involvement of police as library agents are now under contro1. 3 7. Committee Reports 7.] Financial Statements for March 2002 An explanation was given that expenditures under Golf are expressed that way because of a stipulation that funds be spent on kids (CD ROM station furniture). #02-14 DECCO-PORTER THA T the FimmciaJ Statements for March 2002 and the bills amounting to $66,986.83 be approved for payment. CARRJED. .., 7.2 Planning Committee Minutes April] 8,2002 BiU Porter spoke to the Library's ensuring that it's patrons needs be considered as input to consultant's study of City transit and transportation needs. Director wil1 contact Transportation Advisory Committee prior to submitting formal input. #02-15 EADJE - BLAJN THAT the Minutes ofP]aning Committee Meeting #02-03 dated Thursday, April 18,2002 be received. CARRJED. #02-] 6 EADJE - MCCLEAN THAT the Barrie Public Library Board approve the proposed revisions to the Constitution and Procedural By-Jaws dated June 29, 2000. CARRJED. 8. Director of Library Services Report for March Report presented. The contract with Oro-Medonte is now signed. They wiU accept a 5% increase each year until their contribution is equal to that of the City of Barrie. The Chair requested a report on Community Foundation for next meeting. The public workshop given by the Ontario Privacy Commission did not take place and has not been rescheduled. The Director explained why totals of coUection to date and month to month totals vary so much. They are related to withdrawal procedures and computer processes to update the database. 9. New Business ] O. Other Business 4 11. Committee Meetin2. Dates Personnel Wednesday, May 8,2002 at 5:30 p.m. Finance - Wednesday, May 8, 2002 at 6:30 p.m. 12 Date of Next Board Meeting Thursday, May 23, 2002 at 7:30 p.m. in the Consumers Gas Board Room 12. Adjournment .. T~ee .~ was adj / ' , I C ... ;;~ / ~~.' ,', fj " 12 - ~, ,'" I ~k;! --:--; ~\ \' ~'-' ; -~ ' ; , \\ -~R9_q.~S-.~'V WASTE l\1ANAGEl\1ENT ADVJSORY COUNCIL City of OriIlia 50 Andrew St. S., Orillia, ON L3V 7T5 Phone: (705) 329-2452 Fax: (705) 326-1339 E-Mail: wasteman@bconnex.net June 13,2002 Ms. Jennifer Zielemewski, Chief Administrative Officer, Township ofOro-Medonte, P.O. Box 100, Ora, ON LOL 2XO ~,;;;~~\i~S} ,'" \1'Do> -u:'" \ ~~~;.~ \ \ \ ~ '1 \ \ d\ ". . , \\ ~",~ 1,- ~'t..n'f.'t'~ '\ ~\~,.,".:':i~""\~: ,;, or'>:)o ~;'~"t\.;...........- \ --:0 ' ;......-'" \ -~-- " ... Dear Ms. Zielemewski: Re: Recycling Council of Ontario, 2001 Waste Minimization A ward We understand that your Township recently received a Bronze Award from the Recycling Council of Ontario for waste minimization in 2001. We would like to extend our congratulations to you on this achievement. Keep up the good work! Yours sincerely, uv i,J , il1/1f/....t'I,~ -J\ John Hungate, Chairman cc: Keith Mathieson, Director of Engineering & Environmental Services 06l17/02 1 705 424 2115 17:30 FAX 1 705 424 2115 N.V.C.A. ......-> ORO-MEDONTE ~ 001/002 Volume 11- 2002 Nottawasaga Valley Conservation Authority 366 MHl Street, Highway 90, R R # 1, Angus, Ontario LOM IBO TEL (705) 424-1479, FAX (705) 424-2115 Website Address: W\VW.nVC8.on.ca NVCA Highlights May - June 2002 Message from the Chair - Harold Parker "The NVCA vision of "Conserving Healthy Waters" requires a comprehensive watershed management approach, with the full support of all watershed municipalities, agencies and residents". Highlights from the CAO and Staff: i) Wayne Wilson, CAO (ext. 225) wwilsontfi!nvca.on.ca . South Simcoe Groundwater Study The South Simcoe Groundwater Study is 1 of 31 studies underway and will receive 9% of the available $10 million provincial funding. The study will provide planning tools for long-term protection of groundwater. The Groundwater study objectives are to define municipal/watershed aquifers through a series of maps and datasets that meet a provincial standard and are developed using the best information available. . Construction Begins for the new "Centre for Conservation" On Friday, June 14th municipal members participated in the official ~tuming of the sod" for the new NVCA administrative office. Anticipated completion of building is October 30, 2002. . Conservation Ontario Strongly Supports Walkerton Part 2 Recommendations Watershed residents should feel reassured after seeing recommendations to protect their drinking water as outlined by Commissioner Dennis O'Connor in Part 2 report. The 36 Conservation Authorities currently manage watersheds tliat include 90 percent of Ontario's population and are delighted to see Commissioner O'Connor's call for an expanded role for Conservation Authorities in water management. The NVCA looks forward to working with the 18 member municipalities to develop and implement watershed-based source protection plans. The report provides a strong framework for the protection of the province's drinking water. When it comes to protecting Ontario's drinking water, Conservation Ontario's primary issues include managing the province's water resources on a watershed basis, source protection, stable funding, and an enhanced role for Conservation Authorities in managing Ontario's water resources and identify one lead ministry for watershed management. It will be important that the Province follows through with the funding to implement O'Connor's recommendations, said Chris Carrier, Vice-Chair of the NVCA. Carrier explained that the authority has the ability to implement the _ comprehensive watershed planning however, the funding needs to be secured. "The NVCA already has good working relationships with the M.O.E.. through our Simcoe County Groundwater Study and with the O.M.A.F. who provides funding support for our NVCA Healthy Waters Program". . ii) Land Management & Stewardship - Byron Wesson, Director of Land Management & Stewardship Services (ext.224) bwesson@nvca.on.ca . Nottawasaga Bluffs Heritage Trail The Nottawasaga Bluffs Conservation Area consists of a 380-acre parcel of land situated on the Niagara Escarpment, near Singhampton in Clearview Township. This property is widely used for recreational activities such as hiking on the Bruce Trail and exploring the unique crevices and caves. A new gate was installed this year to curb unwanted vehicular traffic to this fragile site. Funding has been obtained to create a heritage walking trail which will include interpretive signage highlighting the significant historical aspects of this site. . Official Opening of the Huronia Rotary Tree House On April 23fd the Barrie Huronia Tree House was officially opened. Over 50 fellow Rotarians and representatives from the NVCA were in attendance. Thanks to the support of the Barrie Huronia Rotary Club, the Pioneer Shed at the Tiffin Centre for Conservation has been renovated into a tree cooler. The Barrie Huronia Rotary Club donated ... r h J ,ay-June 2002 oIume11 ;15,000 for this project. The tree cooler is an important asset to the NVCA forestry department as it will be used o keep tree seedlings dormant and extend the tree planting season. As trees are a perishable natural product, it s important that they are stored and handled with care. The tree cooler housed 80,000 tree seedlings this spring. . 12th Annual Arbour Day - Sold Out fhe Annual Arbour Day - Greening our Valley Tree Sale which was held on Saturday, May 4th was very successful. All the trees in most locations were sold out by 11 :00 a.m. The NVCA formed partnerships with community groups throughout the watershed, in an effort to make trees more accessible to more landowners and to provide funding opportunities to community groups. Arbour Day tree sales were held in Wasaga Beach, Elmvale, Stayner, and Angus. The NVGA's forestry department provides tree seedlings and spring planting services to private landowners in the Nottawasaga watershed. iii) Planning and 1 echnical Services - Charles Burgess, Director of Planning (ext. 229) cburgess@nvca.on.ca . New Conservation land Protection and Acquisition Policy The NVCA supports the long term protection and public ownership of conservation lands and, as a result, this .. Policy has been established to provide an appropriate framework for their acquisition. Through the land use planning process, the NVCA will pursue the acquisition of conservation lands eligible for the Conservation Land Tax Incentive Program (CL TIP). These lands, which will not result in an increased tax burden to the NVCA, will include: .A Provincially significant wetlands tA Provincially significant ANSI ~ Niagara Escarpment lands (Escarpment Natural Areas designation) ~ Habitat of endangered species ~ Community conservation lands . Fish Partnership with Azimuth The research project is titled "Development and Assessment of the Effectiveness of Fish Habitat Compensation Plans~ for the Canadian Environmental Assessment Agency (CEAA). The NVCA was responsible for taking on a co-researcher role for this project, which involved identification of high priority assessment sites, landowner contacts, and survey design. The NVCA's involvement in the study will provide us with relevant information regarding the location and condition of compensation sites within our watershed and an assessment of the relative effectiveness of various implemented fish habitat compensation measures under different site conditions. iv) Corporate Communications - Barbara MacKenzie-Wynia, (ext. 227) bmackenzie-wvnia@nvca.on.ca . Conservation Scholarship Awards Available The Nottawasaga Valley Conservation Foundation has three (3), $500.00 scholarships available for graduating secondary students who are continuing their studies related to management of our renewable natural resources and have demonstrated involvement in extra-curricular activities in environmental or conservation projects. The Foundation is a non-profit organization of citizens in the Nottawasaga Valley, concerned about preserving and enhancing our natural resources. To apply for the scholarship, students must complete a NVCF Conservation Scholarship Award application, available through high school guidance departments or through the NVCA office in Angus. Students must live in the Nottawasaga watershed. Deadline: June 30, 2002. . Young Angler's Fishing Derby The Nottawasaga Steelheaders have re-established the annual fishing derby that was traditonally held at the Tiffin Centre for Conservation on Father's Day Weekend. The ponds will be freshly stocked with Rainbow Trout in- anticipation of children of elementary school age and younger who will have an opportunity to catch their limit. The cost is $5.00/child. The fishing derby will be held June 15th and June 16th. Gates open at 9:00 and close at 4:00p.m. daily. . "OUf Vision - Conserving our Healthy Waters" CD-Rom Available To increase public awareness of the NVCA a "Healthy Waters" CD-Rom has been produced. This CD has been forwarded to all watershed municipalities and placed on the NVCA website www.nvca.on.ca . "life Along the Water" Tabloid -Important Information for landowners Now Available An 8- page "Watershed" tabloid has been produced by the NVCA, the Saugeen Valley C.A. and Ducks Unlimited. The tabloid provides important information for landowners on water issues. Funding for this tabloid was made possible through a grant from Department of Fisheries and Oceans. The new watershed tabloids will be distributed to all watershed municipalities and other authority partners. 06/20/02 1 705 424 2115 16:06 FAX 1 705 424 2115 N.V.C.A. +-H ORO-I!1EDONTE I4J 001/001 Est. 1960 Harold M. Parker, Chair Neil Craig, Vice-Chair WayneWJJsoll, CA.o. Our Member Municipalities Adjala-Tosoronrio Township Amara.nth Township Ci ty 0 f Barrie To"m of Brad ford- West GwiJJimbury T 0"-'" of Collingwood Town of The Blue Mount.oins Clearview TO".'JlshlP Essa Township Town ofInnisft! L\elnncthQn TO'O,'I1ship of Mono ,,,.:nur TO"-'Ilship Town of New Tecomseth Oro-Meclonte Township Municipality of Grey Highlands Town of Shelburne ~pringwarerTownship Town ofWs.saga Beach Watershed Counties County of Simcoe County of Dufferin County of Grey ~: '--..., kc \ '---" Ii ./ N ottawasaga Valley ConsenTation Authority 380 Mill Street, Highway 90, R R # 1, Angus, Ontario LOM IBO 'TEL (705) 424-1479, FAX (705) 424-2115 Web site Address: V.'WW.DVca.Oll.ca PRESS RELEASE Immediate Release June 20,2002 "NVCA Centre for Conservation" Members of the NVCA "turned over the sod~, for the new administration office at their Full Authority meeting last Friday, at the Tiffin Centre for Conservation, Utopia. Construction for the new Nottawasaga Valley Conservation Authority (NVCA) administration office has started. Construction began ear1y in June with expected occupancy in November. ~It is just over a year ago, that the NVCA administration building was closed due to a serious mould infestation. The Authority operations moved to a temporary quarters centered primarily out our maintenance shop in Angus, said Wayne R. Wilson, C.A.O.lSecretary-Treasurer. The new administration office will be an energy efficient, client friendly 7500 square foot - 2 storey building, which will complement the existing John L. Jose Environmental Learning Centre. The new facility will utilize and demonstrate environmentally friendly site development techniques. "Our municipal members and staff have been dediCBted to protecting and restoring our Healthy Waters, since the Authority was formed on May 5, 1960. We are pleased with Commissioner O'Connor's Walkerton recommendations calling for an expanded role for Conservation Authorities in water management. This new "Centre for Conservation" will provide a focal point for "conservation in action" as the province implements these recommendatjons~, said Harold Parker, NVCA Chair. During the sod turning, Parker expressed to the NVCA members that "we can be proud that the work we do here today and tomorrow win help ensure that a healthy environment is sustained for future generations.. The new "Centre for ConselVation" is located at the Tiffin Conservation Area on the 8th concession of Essa Township. The 203 hectare property is a productive mixture of wetlands forests, open meadows, ancient lake beds, glacial shorelines, uplands and rich valley lands of Bear Creek. "The "Centre for Conservation" will provide an excellent opportunity for the NVCA to assist our watershed residents and local municipalities kConserve our Healthy Waters", said Wilson. The Nottawasaga Valley Conservation Authority is a local; community based environmental organization that manages the natural resources on watershed basis and whose mission is to work together to value, protect, enhance and restore watershed resources for a healthy sustainable future. -30- For more information contact Barbara MacKenzie-Wynia Director of Communications bmackenzie-wvnia@nvca.on.ca 705-424-1479 Ext. 227 -.) ..- TOWNSHIP OF SEVERN THE CORPORATJON OF THE TOWNSIllP OF SEVERN P.O. Box 159, Orillia, Ontario, L3V 6J3 June 7, 2002 Township of Oro-Medonte P.O. Box 100 ORO, Ontario LOL 1XO t-}. ; !>',:'<?~ ~ .'V' 'E~n' " '," ...~....-;.: .... ~~"'~',....;: , Ou JUN i 2 Z'JU2 "1:',.,.. Mi:"DO'" -<,;",,_~~v- "- i,,:TE "ifi\.^/~I~ulb _.:~::,:",~"~_~.~1-V__,=-n r' AITENTION: Township ofOro-Medonte Council Dear Mayor Craig and Members of Council: RE: Highway No. 12 & Fairgrounds Road At a meeting of Severn Township Council held June 6, 2002, Members of Council discussed the current contract to expand the intersection of Highway Nos. 11 and 12 and expressed concern with increased traffic flow at the intersection of Highway No. 12 and Fairgrounds Road. At that same meeting, the following resolution was passed: WHEREAS the City of Orillia and the Ministry of Transportation luwe commenced construction to expand the intersection of Highway No, 11 and Highway No. 12 to be completed during the summer of 2002; AND WHEREAS Construction Project No. 2002.3004 extends in dose proximity to the intersection of Highway No, 12 and Fairgrounds Road in Severn TownshiP; AND WHEREAS during past discussions between the Township of Severn and the Ministry of Transportation, the Municipality has expressed concerns with respect to future det,elopment in this area and the increase of traffic flows for entrance onto Highway No, 12; NOW THERFORE BE IT RESOLVED THAT, in order to ensure the safety of residents in the area, the Council of the Corporation of the Township of Setlern hereby requests the Ministry of Transportation to consider infrastructure funding for the installation of traffic signals at the intersection of Highway No. 12 and Fairgrounds Road in the near future; AND FURTHER THAT the Township of Oro.Medonte and the Simcoe Muskoka Separate School Board be requested to endorse this resolution of Council; AND FURTHER THAT this request be forwarded to Garfield Dun1op, MPP, for support of this important initiativl:. CARRIED It would be appreciated if you would endorse Severn Township Council's resolution in support of this important initiative. Yours truly, f/i /7, AlJa.w-;v ~J~ Sharon Goerke Deputy Clerk /mph c.c. Garfield Dunlop MunicipaJ Office: 1024 Hurlwood Lane Telephone: (705) 325-2315 Fax: (705) 327-5818 rfhe SimCoe ())unty Co_operatiye Education program CB--~P C1tR1'lF1Ci\fE Of ^PPRECl~1'101'l ,., I, 1JRESEl'rrED TO ORO..NH3..o0'i'rrE 'rO\NNSHlP OFfICE . , .t iJ' the co_operative education progr~nl bY, in r ecog nitio n of yo ur e.'C 0 urag e:~.e '~t ~. ~ .nt;~~:lId e IItS. yo U r II nd erstllndin g eJfort wIth th,e, l'rovidillg a trllil.illg StlltiOll for S,,,,clle O'~'?; Is tll I,etter l,reV/lre trll;IIed IIIId educlltet. III' rticipllnts ;n th is I,r II g rlllll /<elf's II IIr SC to , , el11plo.Vees fllr the flltllre. 1\.';""" 02 '\'7\\1 ' ,1 ,,\\, '-' 20 ---- , da~of~ --- Dated ,\)\S ~--,~----~.------- ~ k," , ,,' ,,", " ,/< //{-;:(; < ./(rt,' (' / I.", ~, " ,---- . SHAR014 BATE Director of Education , ;;,01coe Couo"l D,sl""' ;;c"ool Board G( - TOWNSHIP OF ORO-MEDONTE OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER IREPORT TO COUNCIL I REPORT NO.: ADM 2002-29 R.M. FILE NO.: 508-8742 PREPARED BY: J. ZieJeniewski, Chief Administrative Officer DATE: June 18, 2002 SUBJECT: FinanciaJ Support Request from Doctor's Recruitment Committee (OriHia) I IBACKGROUND At the Council Meeting held June 5, 2002, correspondence was received and referred to staff for a report from Bruce Waite and Dr. Norm Kee of the Doctor's Recruitment Committee requesting financial support from the Township of Oro-Medonte, Severn, Ramara and Mnjikaning 1st Nation in the amount of $1500. each and $5,000. from the City of Ori11ia. The Committee's request considered the population base as compared to the other townships and our proximity to Barrie. I IANAL YSIS In November 2000 the Township of Oro-Medonte sent a letter to the City of OriIlia advising that at our Council Meeting held October 18, 2000, Council supported the City of Orillia's request and authorized our Clerk to send a letter to the Simcoe York Health Council endorsing the City of Orillia's plan to be designated provincially as an "under- serviced" community with respect to not having sufficient family physicians to service our health care needs. The medical community has worked exceptionally hard with success, over the past number of years to recruit new doctors. It goes without saying that the lack of family physicians is prevalent across the country with various communities vying to attract and recruit doctors to their area. In partnership with the Ori11ia medical community and the community at large, they have assisted with the relocation and integration of six family doctors or specialists to Orillia. <"'. ---C?'"" However, the efforts to recruit physicians cost money and it was indicated in the Doctor's Recruitment Committee's letter that they estimated the annual cost to host visiting physicians is nearly $60,000. There are many organizations that playa role financial1y in supporting these efforts including municipal government. The fol1owing municipalities were contacted by us to inquire the status of their donation to the Doctor's Recruitment Committee, with the fol1owing results: City of Ori11ia Township of Ramara Contributed $5,000. Deferred, to be discussed at the Common Interest Committee of June 20th Financial Support Denied at this time They are not aware of receiving a request at this time but would recommend it be denied, due to already supporting the hospital, Lake Country, etc.; have to draw the line somewhere. Township of Severn Mnjikaning 1st Nation As this item has not been budgeted for, it would be recommended that the municipality supports the committee financially by contributing the requested $1,500. and that the funds be expensed from the Contingency Reserve. IRECOMMENDATION I 1. THAT this report be received and adopted. 2. THAT the Township of Oro-Medonte supports the Doctor's Recruitment Committee financial1y in the amount of $1500. 3. THAT the Treasurer be authorized to proceed with the disbursement of funds from the Contingency Fund. 4. THAT the Clerk corresponds with the Doctor's Recruitment Committee accordingly. Respectfully submitted, ~ Vi^" . ~' A ' w''-jI....A.....- j '<"..-" i . J1nnif . . i ~-<::hief Administrative Officer COMMITTEE OF THE WHOLE [x ] DA TE: June 26, 2002 COUNCIL MEETING [ ] MOTION I~D..../.Cj.. " n.' ~'!U, ~k'c.1i Ii"" ' , -' ". - ~ ;;. ,,,,,' ;.. '. ' i I'll'}: V r; ~' ; ,..:: L ! ' i I O~~~~];1~~~:T'~7=7J .'~ ,c-' ~)i...) .... HOUSE OF COMMONS CHAMBRE DES COMMUNES CANADA Paul DeVillers M.P. FOR SIMCOE NORTH DEPUTE DE SIMCOE-NORD ROOM 172, CONFEDERATION BLDG. PIECE 172, ED, DE LA CONFEDERATION HOUSE OF COMMONS I CHAMBRE DES COMMUNES OTTAWA KiA 046 (613) 992-6582 FAX (613) 996-3128 INTERNET: devilpO@parLgc,ca Midland, May l:', 2002 Mayor and Council Township of Oro-Medonte P.O. Box 100 Oro, ON LOL 2XO Dear Mayor and Council This year we will celebrate the Golden Jubilee of Her Majesty's accession to the throne as Queen of Canada. To commemorate this milestone, Her Excellency the Right Honourable Adrienne Clarkson, Governor General of Canada, will be issuing Commemorative Medals to me for fonnal presentation to notable residents of Simcoe North. I therefore respectfully request your assistance in selecting three (3) people from the Township of Oro-Medonte who you feel are deserving of receiving this medal. Persons should be selected in recognition of a significant achievement or distinguished service to their fellow citizens, their community or to Canada. A more extensive description of the selection guidelines and criteria are attached for your reference. Once your selections have been made, please forward the following details to me for each ofthe.MO people chosen: -Ill ((:, ~, Recipient's full name (Rank or Title if applicable) Home address (and mailing address if different) Telephone number Please also include a short statement as to why each recipient was selected. Your submission of this information to my office no later than June 3dh would be greatly appreciated, so that I may in turn forward it to the office of the Governor General. 361, RUE KING STREET MIDLAND, ONTARIO L4R 3M7 (705) 527-7654 FAX: (705) 527,7668 RIDING OFFICES I BUREAUX DE CIRCONSCRIPTION 1-800-265-6228 55, RUE NOTTAWASAGA STREET ORILUA, ONTARIO L3V 3J5 (705) 327-0513 FAX: (705) 327-8310 2, RUE POYNTZ STREET SUITE/PIECE 128 PENETANGUISHENE L9M 1 M2 (705) 549-292 i On receipt of the medals, which win be sent to me, my scheduJing assistant wi11 contact your office to arrange a mutua11y agreeable date to present them at your Council Chambers, or at an alternate location of your choice. If you have any questions, pJease feel free to contact Sherry Arigane110 at my Midland office at 527-7654. SincereJ~/"7 -<~, ' i t' c [//, /,,'" / , .: ... ... / " / i/ ",L.,- /" V Paul 1. DeViJJers, M.P. Simcoe North PJD/sla Enc. THE C01\1ME1\1ORA TlVE MEDAL FOR THE QUEEN=S GOLDEN j1JBILEE -- CRITERIA AND GUIDELINES FOR THE SELECT10N OF RECIPIENTS The Commemorative Medal was created on the occasion of the Golden Jubilee of Her Majesty=s accession to the Throne as Queen of Canada. To be eligible to receive the Medal, a person must: '-' 1. b~ a Canadian citizen, not necessarily resident in Canada at the time of awarding; 2. have made a significant contribution to Canada or to a particular province, territory, region or community within Canada, or have made an outstanding achievement abroad that brings credit to Canada; and 3. have been alive on February 6, 2002, the fiftieth anniversary of Her Majesty=s accession to the throne. J All members of the Order of Canada and individuals on the National Table of Precedence are designated recipi.ents so they should not be included on lists selected by partners. Based on the experience acquired through previous commemorative medal programs, the integrity of such programs is dependent on public trust in the selection process. The following guidelines are offered for your consideration: 1. the cr~ation of a committee to assist with the selection of recipients is suggested. 2. the recipients should be exemplary citizens whose service and achievements extend over a period of years; youth should be included in the hst. 3, the list of recipients should reflect the demographics of the region or CODlil:Jimity. 4. the list of recipients should withstand public scrutiny. Recipients= names and the partners who selected them will be part of the public record, Lindsay Morgan Candidate For The Commemorative Medal For The Queen's Golden Jubilee When Lindsay retired in 1992 she moved with her husband Bud to the Shanty Bay summer home which her grandfather had built almost 100 years ago. Lindsay and Bud soon renovated the 'cottage' to a winterized home and began creating their wonderful, prize winning gardens. Lindsay joined St. Thomas Anglican Church in Shanty Bay and present rector Stephen Peake states; "Lindsay is insightful, articulate, humble and a person of deep faith. Her contTibution to our parish and community at large is exceptional," She has also taken a stTong leadership role as a warden of the parish during a particularly difficult time when the home of the priest was condemned due to toxic moulds and a new home had to be constructed. Lindsay served as an active member of the church's seniors' group that went on to initiate the O'Brien House seniors housing project for our rural community. O'Brien House is a gorgeous retirement residence for 10 active seniors about to open this September in Shanty Bay under the umbrel1a of the Abbeyfield Society of not for profit intemational housing. Lindsay is the Chairperson of the Community Board committed to building this one mil1ion dol1ar local housing project for seniors leaving their homes for 'group living'. Lindsay is a genius at pulling together energetic, c01nmunity minded citizens and her wonderful, light hearted leadership and ability to delegate ensure projects are completed successfully and her committee members share and enjoy the feeling of a job wel1 done! In 1996 Lindsay wondered how we could assist people in our c01mnunity who were no longer able to drive a vehicle, who without public tTansit have to consider giving up their family home and moving to the city so they can get to shopping and doctor appointments. Lindsay spearheaded the idea of a "Drive and Ride Program" for our community. For a donation of $10.00 per year, to cover the cost ofthe telephone line, anyone can join the program, call the Ride Coordinator and book a ride to appointments in the Barrie area. Lindsay is the 'driving force' behind this program which, as of December 31/01 had seen 1403 rides offered by 35 volunteers. Lindsay has been the Chairperson since its inception. In February 1997 Lindsay tTaveled to Haiti, one of the world's poorest countries, to teach English as a Second Language to post secondary level students for approximately one month, During the winters of 98/99 and 99/2000 Lindsay volunteered with Out of the Cold Program, sponsored by local churches and geared to helping provide food and shelter during the winter months for some of Barrie's homeless population. It is the wish of the Recognition Committee for Oro-Medonte Township Council that this rec01nmendation is looked upon favourably for the Queen's Golden Jubilee Medal to be awarded to Lindsay Morgan of Shanty Bay, Ontario. Dr. Evans Stone Candidate For The Commemorative Medal For the Queen's Golden Jubilee Evans Stone has lived in the Village of Moonstone in excess of 25 years. He has been on the Board of Directors of the Coldwater Seniors Apartment Complex since its inception and was a driving force in having the complex built. Evans constructed a Medical Centre in the Village of Coldwater and recruited another doctor and pharmacist to help provide medical care to residents from the Village of Coldwater and the surrounding Townships of Medonte and Matchedash. Evans is a lifetime elder with the Presbyterian Church, ministering both to the medical and spiritual needs of seniors. He was generous with both time and money when the Church was physically growing and an addition was added to the Church. He has coached both minor baseball and hockey but his greatest passion is curling. The Curling-Recreation Centre, which now exists in Coldwater, was Evans' dream and it would not have been realized without his dedication, drive and extreme generosity. .-.- --" " ! \ i r, _ , eX_/' : //"- ) . .... ./ Ministry of Citizenship Minister 6'" Floor 400 University Avenue loronto ON M7 A 2R9 leI.: (416) 325-6200 Fax: (416) 325-6195 Ministere des Affaires civiques. Ministre 6. etage 400, avenue University Toronto ON M7 A 2R9 Tel.: (416) 325-6200 Telec. : (416) 325-6195 iY~ ;f~~ ~ ~ ,~~ ~ ~~ JJ, .. ~&~ !Ii. ~_,-=:a Ontario' May 2002 \ " ',,- Dear Mayor and Members of Council: Each year, the Government of Ontario designates June as Seniors' Month to celebrate the countless experiences, accomplishments and contributions of seniors. Across the province, community organizations and local governments host special events to recognize seniors and the countless contributions they make to Ontario's way oflife. It is with great pleasure that we invite you to participate in the 2002 Senior of the Year Awards. This award was established in 1994 to give each municipality in Ontario the opportunity to honour one outstanding local senior. Recipients are individuals, who after age 65, have enriched the social, cultural or civic life of the community without thought of personal or financial gain, The certificate, provided by the Ontario government, is signed by the Honourable James Bartleman, Lieutenant Governor, the Minister of Citizenship and Minister Responsible for Seniors, and the local head of counci1. The Government of Ontario is proud to offer this important initiative. You may wish to consider involving local MPPs in your selection process or presentation ceremony. Please fax the name of your municipality's Senior of the Y ear Award recipient on the anached fom by May 31, 2002. For additional information, please contact the Ontario Honours and Awards office ofthe Ministry of Citizenship at (4'16) 314-7526. .. Ontario's seniors deserve special recognition for their outstanding accomplishments. By working together with municipalities, we can ensure they are honoured in a meaningful way. Carl DeFaria Minister ,,,,':,,,. ,< '- ',. .,.~. "'. ,"h '~<J'",-,""". ' .'."- ". ....., ."'. .- -, ~. o '. "- W ""', ,,,~- C-:.. .~ . . .."';t: J ~,< <;, ;,." _~J5,~0' - -,- T/';'" ,'" . "", . ' - ",,~', .... '::: ,.' {".'. ',' . ' ~~ c n rlO ',~'.~~'\~i.' ~'t.~~,..: :<, "'~ :'.':,';;-. ~ f:~.~~~~:': ~~;>;~~~~, .,; ~~: ~\':,.,::::~r~~.~,~. ';,".' r.;,~":" ~~ .t;"~,' '::,:.'l>e,~';.: .' ," . .-. -' ~,-. I ; . _"",.." 't'-- H _ lr; ,tr ..J it) \.../' 0\ ~~~~ c - - . .; g '!!: f _' 6kUMl ~! ~W4 <fV':/ ! It ~ t:"L' . Q- ~ ".~ ~. ~ ~ :;d Nominating MunicipalityffoWIlShip (pleose print murocipolity nome oE you wont jt to appe~r on the certificate): . . . ~ . . . . . .. ~ . . . . . .. " . . .. . " . _ .. .. .. . . . . ~. .. * . . .. . .. . ". . .. .. . . .. ... . . .. . . .. . " .. .. . . . .. . . . . . . . . . . . .. .. . . ... . . ~ . .. . . ." . . . .... .. .... - . . . ........ .. . . .. . .. .. .. . . . . . . .. .. . .. . .. . . .. .. . . .. .. . . . . . . . . .. .. .. . .. . .. ... . - .. .." . . . . '" . . . .. .. . Contact Name: ........................................................................................................................................................ Address : ................................................................................................................................................................. .................................................................................................................................................................. Cityrrown: ....................""...".............""................... Postal Code: ......................................................... Telephone: ............................................................ Fax: ........................................................................ N~me of Recipient(must ~€ 65 years of age or older): ...................."............................................................................................................................................".................. Tell us briefly about -your recipient: ........ .......,...,.... ..... .....,.....,..., ...............,....................... ........,.... .... ..... ........ .. ............"......................................................................................................."................................................................ ............................................................. ...................................................................................................................... ................................................................................................................................................................................"... .............................................................................................................................. ............... ......... . Completed form must be received by Friday, May 31,2002 Mail or Fax to: Ontario Honours and AW'cJds, Ministry of Citizenship, 400 University Avenue, 2nd Floor Toronto, ON M7A 2R9 Tel.: (416) 314-7526 Fax: (416) 314-6050 i Personal infOITT"lC!tion on thiS form is co!lecteC under the authority of the Ministry of Ci1izenship and Culture Ad.. R.S.O. 1990. eM, 18. SA and wi!! be used 10 determine I eligibility and notify recipients of the Senior of the Year Award. For furthe1 information, pieaS€ con= the Manager, Ontario HoOOUr5 and Awards, 400 University Avenue. 2nd Floor. Toronto, ON M7A 2R9. (416) 314-7523. , , '--' Jennifer (Jenny) MacDonald, M.D. Candidate for 2002 Oro-Medonte Senior of the Year Jenny MacDonald and her husband Bill have lived in the Shanty Bay area since 1967. During the early 1970's Jenny was on the Board of Directors for the Barrie Y.M.C.A. for six years, one as vice-chair. Jenny was 'instrumental in establishing a community center in Shanty Bay attached to the Shanty Bay Elementary School. As a member of the Board of Directors for the community center she worked with both the Township and the School Board to make it a reality. She touched the lives of many Oro-Medonte residents when she worked as a volunteer from 1980 to 1992 in Barrie's Palliative Care Program. She then became the Co~coordinator, retiring in 2002. Prior to 1980 all patients had to travel to Toronto for palliative care. Through her efforts, many improvements were achieved for people suffering with terminal illnesses in Barrie and the surrounding areas. She is an active member of S1. Thomas' Anglican Church and provided sound leadership when she assumed the responsibilities of Warden to have a new rectory built. Jenny is a volunteer with the Abbyfield Society which is a not for profit organization that builds and administers seniors residences of no more than 10 units each. She took a leading role in fundraising for the Abbyfield Society home being built in Shanty Bay, known as the O'Brien House. Her successful efforts have resulted in the building of this home and its opening scheduled for September 2002, with all 10 units spoken for. Jenny has accepted the volunteer job of 'Additions Director' . Jenny is also on the executive of the Shanty Bay Ride and Drive Program that organizes volunteers to provide rides to neighbours in need. It is the opinion of this committee that Jenny MacDonald be nominated as Oro-Medonte Citizen of the Year. (pU -f TOWNSHIP OF ORO-MEDONTE OFFICE OF THE CLERK IRE PORT TO COUNCIL , '.. . ." ...., _: ~:;:. ".... ~ . . . . .' REPORT NO.: ADM2002-30 PREPARED BY: M. pennycook, Clerk DATE: June 26, 2002 SUBJECT: Livestock Claims IBACKGROUND ~ On October 16, 2001 a valuers' report was received by the Township for a claim in the amount of $11,483. It was determined that the predator(s) responsible for the kill was a dog(s). Council, at its meeting of November 7, 2001 resolved that the livestock owner be compensated for the total amount of the claim. IANAL YSIS I Section 3(1) of Part 1 of the Livestock, Poultry and Honey Bee Protection Act states that, in the case of killing or injury of livestock or poultry by a dog, whether the owner of the dog is known or not, the local municipality is liable for the amount of damage determined. If the identity of the dog owner were known, the dog owner would be invoiced by the municipality for the amount of damage determined. Where the identity of the dog is not known, the municipality is responsible for the amount of damages. The Township cannot appeal to the Ministry of Agriculture and Food to be reimbursed for these claims. Staff have canvassed Simcoe County municipalities, and no other municipality sets a limit on the amount of claim by a livestock owner in the instance of a kill by a dog or dogs running at large where the owner of the dog(s) is unknown. The Livestock, Poultry and Honey Bee Act, regulates the maximum amount of compensation to an owner of livestock per animal where the livestock has been killed by a wolf (coyote) or dog (known owner). The maximum amounts allowed by the Ministry of Agriculture and Food for kills by wolves, coyotes and dogs (whose owners are known), ranges from $35 to $1000 per animal. In discussion with the Ministry, the conclusion was that a municipality did have the authority, under Section 3(3) of the Act, to pass a by-law to fix a maximum amount of claim for livestock for which the municipality would be solely liable for compensation. This maximum would apply only if the kill were by "wild animal(s)". The Act does not define "wild animals" and it is suggested that a pack of dogs killing livestock would be considered "wild animals". As the municipality is solely liable for compensation for livestock kills by dogs (o~ner unknown), and maximums have not been set by the Ministry in this instance, it is recommended that By-law 99-131 be amended to fix the maximum amount of claim by a livestock owner where the livestock has been killed by wild animal(s). The maximum amount recommended is $5,000.00 per year. Setting a $5,000.00 maximum would allow the municipality to meet the obligation of recompensing a livestock owner for loss due to wild animal kills, but would also set a limit on the amount to be paid for budgeting purposes. Apart from the large claim in 2001, the amount paid by the municipality for these types of claims has historically averaged approximately $1000 per year. A copy of By-law 99-131 is attached for Council's information and to facilitate the discussion on fees requested in 2001. Fees are listed as Schedule 'A' to the By-law. A poll of surrounding Simcoe County townships has indicated that fees are charged by some municipalities (2) for repeat claims annually at the $60 rate that the Township of Oro-Medonte has in effect. Other municipalities polled (approximately 6 in total) either do not have fees in place or did not respond. The fees charged by Oro-Medonte recompense the Township for the amount paid to the valuators (site visit plus mileage) on repeat claims. I IRECOMMENDATION 1. That this report be received and adopted. 2. That the Township of Oro-Medonte set maximum amounts of compensation to a livestock owner, where the livestock has been killed by wild animal(s) where "wild animal(s)" includes, but is not limited to, wild dogs. 3. That the per annum maximum amount of compensation for livestock claims by one owner, where the livestock has been killed by wild animal(s) be $5,000.00. 4. That the fee schedule of By-law No. 99-131 (Schedule 'A') remain unchanged. 5. That the Clerk bring forward the appropriate by-law to amend By-law Number 99- 131. Respectfully submitted, ~. Marilyn Pennycook Clerk /~f51~V-J , (lfJO "t \ D 'd---J ~ ~cl-J ??f .' .... " . 1.1 1.2 1.3 1.4 1.5 1.6 1.7 2. 2.1 . 2.2 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO, 99- 131 Being a By-law to establish user fees for Livestock Claims in the Township of Oro- Medonte WHEREAS Section 4 of the Livestock, Poultry & Honey Bee Protection Act provides that the Council of every local municipality shall appoint one or more persons as valuers of livestock and poultry; AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte enacted By-law No. 99-13 to appoint Livestock Valuers for the municipality; AND WHEREAS Section 220.1 of The Municipal Act, R.S.O. 1990, as amended, provides that a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it necessary and desirable to enact a By-law to establish fees for Livestock Claims in the Township of Oro-Medonte; NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte enacts as follows: 1. DEFINITIONS For the purposes of this by-law: "Council" means the Council of The Corporation of the Township ofOro- Medonte; "owner" means the owner of livestock injured or killed as provided on the Report of the Livestock Valuer; "dog owner" means a person who owns, possesses or harbours a dog and where the owner is a minor, the person responsible for the custody of the minor; "Township" means The Corporation of the Township ofOro-Medonte; "Treasurer" means the Treasurer of The Corporation of the Township ofOro- Medonte; "Valuer's Report" means a report filed by a Livestock Valuer and may include a supplementary report where injured livestock subsequently dies as a result of its injuries; "Veterinarian's Report" means a report filed by a Veterinarian at the request of a Livestock Valuer. USER FEES Every owner who files a Livestock Claim under the Livestock, Poultry and Honey Bee Protection Act with the Township ofOro-Medonte shall be subject to a Claim Fee as set out in Schedule "A" of this By-law. Said Fee to recover the Township's cost for the services provided by the Livestock Valuer on its behalf. In the event that a Veterinarian's Report or services are required to substantiate a Claim, the owner shall be subject to a Vet Fee as set out in Schedule "A" of this By-law. Said Vet Fee to recover the Township's cost for the services provided by the Veterinarian on its behalf. ~ 3. PAYMENT OF FEES . 3.1 Fees Deducted from Claim 3.1.1 Fees shall be deducted from the value of the Claim awarded on the Valuer's Report prior to payment by the Township, 3.1.2 An invoice detailing the Fees and the value of the Claim shall be attached to the cheque issued by the Township. 3,1.3 In the event that the Claim is for livestock killed or injured by wolves, the Township shall apply to the Mimstry of Agriculture, Food and Rural Affairs for the applicable grant. 3.2 Fees Charged to Doe. Owner 3.2.1 In the event that the Claim is for livestock kiBed by dogs, the owner may provide an Affidavit with respect to the identity of the dog responsible for the injury or death such that the Township is able to identify the Dog Owner. 3.2.2 If the owner is unable to, or fails to, provide an Affidavit or the Township is unable to identify the Dog Owner, the Fees shall be deducted for the Claim as provided in Section 3.1. 1. 3.2.3 Where an Affidavit is provided, the Fees shaB be invoiced to the Dog Owner and shall be payable upon demand, 3.2.4 Wbere tbe Dog Owner fails to P3Y the fee within 90 days, and the Dog Owner is an owner of 13nd within the Township of Oro-Medonte, the Treasurer may add the Fees to the t3X roll for real property owned by the Dog Owner and may collect the outstanding b313Dce in like manner as municipal taxes. 3.3 Fees Greater than Value of Claim In the event that the Fees exceed the value of the Claim on the Valuer's Report, 3.3.2 3.4 3.4.1 3.4.2 3.4.3 . 3.4.4 3.3.1 The owner shall be advised when contacted by the Township to swear the prescribed Affidavit that the value of the Fees exceeds the amount of the Claim and the owner shall be given the option of whether or not to complete the Affidavit. The Township shall deduct an amount equal to the value of the Claim and shall provide to the owner an invoice detailing the Fees and the value of the Claim. Claims for iniured livestock If the Claim is for injured livestock and the claim is left open subject to veterinarian bills, the owner shall be required to complete the prescribed Affidavit. If the owner does not complete the Affidavit, an invoice would be issued for the Fees. No subsequent payment would be made for the Veterinarian bills and no further Claim would be processed in the event of the death ofthe livestock. Where the owner completes the Affidavit, the Fees shall be deducted from the value of the Veterinarian bills prior to the issuance of any cheque to the owner by the Township. Ifa subsequent Valuer's Report is required due to the death of the livestock from its injuries, the Fees shall be deducted from the value of any subsequent Claim prior to the issuance of the cheque by the Township. . . ~ -~- 4. VETERINARIAN'S REPORT 4.1 To substantiate a Claim, the Livestock Valuer may request a Veterinarian's Report to: 4.1,1 ascertain the health of the livestock prior to its death or injury to assist in the detennination of the value, or 4.1.2 ascertain whether injured livestock died from injuries which are the subject of an open Livestock Claim, or 4.1.3 ascertain whether veterinarian bills submitted by the owner are relevant to injuries which are the subject of an open Livestock Claim. 5. FORCE AND EFFECT That this by-law shall come into force and effect on its final passage thereof. Read a first and second time this 15thlayof DecaTt>er ,1999. Read a third time and finally passed this 15thday of DecerrtJer ,1999. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE I ,'.' [ - --J! Q r ' ",_, Mayor, Ian Beard / --/" ,," ..:;d / ^-"~'-(_"-'1A....::./ ,:......... /'," .-<-J~_ Clerk, Lynda Aiken . .. . " . Schedule "A" FEES FOR LIVESTOCK CLAJMS LIVESTOCK CLAJM FEE 151 claim in any ca]endar year 2nd or subsequent claim in any caJendar year FEE FOR VETERINARJAN'S REPORT $ 0,00 $ 60.00 Fee equaJ to Township's Cost . . TOWNSHIP OF ORO-MEDONTE LIVESTOCK CLAIMS PROCEDURE 1. An owner whose livestock has been killed or injured by dogs or wolves shall contact one of the appointed Livestock Valuers immediately. 2. The Livestock Valuer shall visit the site and complete the Livestock Valuers Report. The Livestock Valuer shall take such photographs deemed necessary to accompany this report. A copy of the report shall be provided to the owner of livestock whenever possible. The owner shall be advised to visit the Township Administration Centre within 10 days to swear an Affidavit. '" I. 3. The Livestock Valuer shall file hislher report with the Clerk's Office as soon as possible either by mail or in person, 4. The clerk shall review the report to determine whether there are any errors or omissions and whether there are grounds for an appeal by the municipality. If there are grounds for appeal, a report shall be filed at the next available meeting of Council. 5. Once the Livestock Valuers Report is received, the Clerk's Office will call the owner to remind them to visit the Township Administration Centre within the prescribed period to swear an Affidavit and to advise that the claim will not be processed until this Affidavit is completed. 6. Once the Affidavit is signed, the Clerk's Office shall forward the claim to the Treasury Department for payment. Livestock Valuers payment of remuneration and mileage to be paid on the 30th day of June and the 3151 day of December in each year. 7. In the case of a wolfkill, Treasury shall complete the appropriate report and application for grant from the Ministry of Agriculture, Food and Rural Affairs. 8. In the case of a dog kill, every effort shall be made to identify the dog and its owner. If the owner is known, Treasury shall issue an invoice in the amount of the claim together with a copy of the Livestock Valuers Report. If payment of the invoice is not received within 90 days, a report shall be made to Council with a recommendation as to further action. 9. If an Affidavit is not completed, the Clerk shall report to the next Committee of the Whole and recommend that no payment be made to the livestock owner. If endorsed by Council, the claim shall be forwarded to Treasury for payment to the Livestock Valuer only. 10. Except as indicated above, the Clerk's Office shall file a monthly report on Livestock Claims with Council. Such report shall include the owner's name, type and amount of claim and remuneration paid. ~ 4J~'1 lJ\ REPORT DEPT. REPORT TO: Council PREPARED BY: #ADM2002-31 Chris Carter SUBJECT & FILE #: DEPARTMENT: COUNCIL: Request for Funding - Ontario's Lake Country Administration I C.OFW. ;i MOTION #: DATE: June 26, 2002 DATE: I BACKGROUND: ~J~ At the Committee of the Whole Meeting Wednesday, May 22, 2002 representatives from Ontario's Lake Country made a deputation to Council requesting financial support in the amount of $ 5,000.00 for the year 2002 and $10,000.00 dollars for the year 2003. The name Ontario's Lake Country and its Logo are the registered corporate identity of the organization as required under the Corporations Act of the Province of Ontario. The organization is incorporated as non-profit without share Capital. Ontario's Lake Country is governed by an elected Board of Directors. During the presentation, the Ontario's Lake Country Board outlined the Board's goals and objectives. Currently the projects initiated by the Board Members include a Visible Truck Wrap sponsoring the surrounding municipalities, publication of a "Lake Country" magazine and sponsorship of an editorial in the "Discover . Ontario" magazine. A 3ft x 8ft banner has been located in the Orillia Square Mall advertising and promoting the "Lake Country" theme. These projects have been sponsored directly by the business community and include a "1- . 800" number, to provide tourist and business information. Remaining goals for the year 2002 include highway traffic signs at all entrances to Ontario's Lake Country and the development of a web site. Networking and forming partnerships is also high on Lake Country's priority list. Lake Country would like to realize their vision ("Become a Primary Canadian tourism Jifestyle destination"). Memberships have surpassed 50 in total and continue to grow daily. The Board is made up of stakeholders representing the following sectors; Arts and Culture, Attractions, Festivals & Events, Water Recreation, Resorts, Hotels/motels, other Accommodation, Restaurants, Bed & Breakfasts, Sports and Land Recreation, and Retail. Casino Rama and the Chambers if Commerce also represented and there are six appointed representatives from Mnjikaning, Ori11ia, Oro-Medonte, Ramara and Severn. At the February 27,2002, Committee of the Whole meeting, Council appointed the Recreation Coordinator (Mr. Chris Carter) to Ontario's Lake Country Board as the municipal representative. Recently, the Ontario's Lake Country Board of Directors expanded the voting privileges to inc1ude their municipal partners. Presently, the Ontario's Lake Country Board Members have presented deputations to Oro-Medonte, Severn, Orillia, and Ramara and are currently arranging a deputation with Mnjikaning. In discussion with surrounding municipal representatives, it is felt the presentations have been well received. Currently Ramara has passed a motion to approve the funding requested by the Ontario's Lake Country Board with the condition that the other municipalities approve funding requested Robert Lamb (Director of Economic Development for the City of Oril1ia) expressed a high interest in the "Lake Country" concept, and is currently submitting a report to City . Council for consideration. The results with respect to the municipal support for funding are expected from the other municipalities early in the week. In participating in this partnership, the Township of Oro-Medonte's intent to erect signs at the gateways to the Township wi11 come to fruition. The estimated cost for one proposed sign is $2,700.00 dollars, does not inc1ude lease. Benefits to be realized by the Township of Oro-Medonte and its business community in participating in the partnership inc1ude: · The concept of co11ective area promotion for the greater partnership area. · Promotion of product- based marketing (product awareness) · High exposure through another web link · More opportunity for visibility · Greater ROI (return on investment) · Identification of Oro-Medonte (puts Township on "the map") · Accessibility to tourism do11ars · Broader recognition of the Township through usage of name and logo by other agencies The new marketing approach can be beneficial to Oro-Medonte, with a name brand that can become synonymous with this area as Muskoka has for that area. Given the benefits to be realized by the partnership it is recommended that Council for the year 2002 support the request for $5,000.00 do11ar funding to be expensed from the Administration reserves. Also that Council consider the $10,000.00 do11ar funding request for the year 2003 during their 2003 budget deliberations. /, { '-./ r=:; -,", " ~ J RECOMMENDATIONS: . 1. That Council supports the request of Ontario's Lake Country in the amount of $5,000.00 for the 2002 fiscal year. 2. That funds be expended from the Administration Reserves. 3. That the request by Ontario's Lake Country Board for funding in the amount of $10,000.00 for the 2003 fiscal year be referred to 2003 budget deliberations. 4. THAT Council receives and adopts the report. iU,,-- - REPORT DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #ES2002-38 WHOLE Keith Mathieson SUBJECT & FILE #: DEPARTMENT:, COUNCIL: Stanfred Holdings Ltd. - Site Public Works Plan Agreement - Pt. Lot 41, Concession 1 (Township of C.OFW.: Flos), Being Part 1, 51R-12378 Being all of PIN #58365-0056 DATE: June 20,2002 MOTION #: (Lt) DATE: R. M. FILE #: L04-12056 BACKGROUN Mr. Steve Watson, owner of Stanfred Holdings Ltd., is proposing a 475 sq.m. addition to the existing Foodland store in the village of Craighurst. Mr. Watson's application was presented to the Site Plan Committee on March 7, 2002. The Committee and Township staff had no concerns with Mr. Watson's proposal. All financial obligations required by the Township have been fulfilled. As the existing Foodland store and proposed addition fronts on County Road #22, the County of Simcoe was circulated for comments. The County required a traffic study, which was prepared by Liberty Engineering and presented to the County. The County and Mr. Watson are presently reviewing the recommendations of the traffic study and the County's approval will be forthcoming upon Mr. Watson and the County entering into an Agreement for the required upgrades to County Road #22. 1 . THAT Council receives and adopts this report. 2. THAT the Township of Oro-Medonte and Stanfred Holdings Ltd., Pt. Lot 41, Concession 1 (Township of Flos), being Part 1,51 R-12378, being all of PIN #58365-0056 (Lt), enters into a Site Plan Agreement upon receipt of approval by the County of Simcoe. 3. T A the Clerk prepares a By-law for Council's consideration. Res {tfUIlY submitted, Keith Mathieson 1'--... ~/ ~,o\ v () Cf~;;iJ. May, 2002 By-Law No. 2002. IQ-~ APPENDIX "B" 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 "B" Schedule "C" Schedule "0" Schedule "E" -/4 ~~ 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 AN FRED 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 Sy-Iaw 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 "S"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: ./1 IQ,' ..,,- ( { 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 TransferlDeeds and Easements shall provide the Township with good title, free and clear from all encumbrances. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 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. 4 rC! wt-, ---' 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, 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 "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 / 1 q -'(p 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 alternative 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-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 registered on title. 6 -l C/-I 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 ha~~:~::,e:::~:~ ~~:::~::::horj~ed In that b~ ) 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 ) 7 v:' /") x q . Q 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). g ,)D SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Stanfred Holdings Ltd. SITE PLAN 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. 9 J #/ 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 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"D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Townstllp oi Oro-ivieoOnt8 ana Stanireo riololngs 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 ] ] REPORT DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #ES2002-37 WHOLE Keith Mathieson SUBJECT & FILE #: DEPARTMENT: . COUNCIL: Laurel View Homes (HV) Inc. - Public Works Amended Pre-Servicing Agreement - Parcel 2-9, C.OFW.: Section 51-0ro-4 (Former Township of Oro), Being all DA TE: June 14, 2002 MOTION #: of PIN #74055-0119 (Lt) (Phase I - Horseshoe Adult DATE: Lifestyle Community) R. M. FILE #: L04-11843 In April, 2002, the Township of Oro-Medonte and Laurel View Homes (HV) Inc. entered into a Pre- Servicing Agreement to allow the Developer to rough grade the roads and lots in Phase I of the Horseshoe Adult Lifestyle Community, consisting of sixty-six (66) lots. It was the intent of the Developer to have entered into a Subdivision Agreement with the Township by this time, but due to the backlog of Ministry of the Environment approvals and the complexity in the completion of the sewer agreement with the Township and American Water Services Canada Corp., this Agreement has not been completed. The Developer is now requesting that the Pre-Servicing Agreement be amended to allow the installation of the sanitary and storm sewers, water mains and road works, upon receipt of Ministry of the Environment approvals. 1. THAT Council receives and adopts this report. 2. THAT the Township of Oro-Medonte enters into an amended Pre-Servicing Agreement with Laurel View Homes (HV) Inc., Parcel 2-9, Section 51-0ro-4 (former Township of Oro), being all of PIN #74055-0119, Phase I of the Horseshoe Adult Lifestyle Community). 3. THAT the Clerk prepares a By-law for Council's consideration. ~~ ~ \ u }'~yll ~r ib ~\ "'~ -v'- 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 #74055-0119 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE June, 2002 By-Law No. PRE-SERVICING AGREEMENT AMENDMENT ,/ 0 " r') / ..-' 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 Ora-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 The Developer acknowledges and agrees this approval relates only to the installation of the following Township services: I It)~.~ 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 L 1 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-ordinate 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 Drawings - Submit certified "as-constructed" drawings after acceptance of the Township services; 3 g) Chanqe in Retainer - If, at any time during the project: -)O/: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 reimbursem~nt 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 included, 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 the Township and its agents for the purpose of inspection of the Township --1/J .,.h services to be installed by the Developer. Notwithstanding that inspections may i""; 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. 4001 Chesswood 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 ,n7# /0'; IN WITNESS WHEREOF the Developer has hereunto set its hands and seals thir r . day of :Jj; IJ 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 SCHEDULE "A" 16-~ DESCRIPTION OF LANDS 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 vUI........,"'......... ...., CASH DEPOSITS TO BE 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 BE DEPOSITED WITH THE TOWNSHIP 8 ID -LJ $ -f REPORT DEPT. REPORT TO: COMMITTEE OF THE PREPARED ~Y: #ES2002-34 WHOLE Keith Mathieson , SUBJECT & FILE #: DEPARTMENT: COUNCIL: Albert Francis Edstrom - Public Works Site Plan Agreement - Pt. Lot 21, Concession 9 South C.OFW.: DA TE: June 14, 2002 MOTION #: DATE: R. M. FILE #: L04-12010 Mr. Edstrom is proposing to construct a 100' x 60' shop on his property located on Line 9 South and Hwy. #11 North. ~SUMMARY: ""I ' . The Site Plan Committee reviewed Mr. Edstrom's Site Plan on May 6, 2002. Red line revisions have been made to the Plan, as per the Site Plan Committee's comments. The Ministry of Transportation and Lake Simcoe Region Conservation Authority have responded favourably to the application. Mr. Edstorm has satisfied all financial requirements of the Agreement. .. 1. THAT Council receives and adopts this report. 2. THAT the Township of Oro-Medonte enters into a Site Plan Agreement with Albert Francis Edstrom, Pt. Lot 21, Concession 9 (former Township of Oro), being all of PIN #58549-0049 (Lt). 3. THAT the Clerk prepares a By-law for Council's consideration. Keith Mathieson ,." ,,~ lfR.".''", 'J '\j - 1;~~\oY~ Ii ( ) \,-../ 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 Ora) Being all of PIN #58549-0049 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE May, 2002 By-Law No. 2002- I ('-'~ '" Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" .. THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 /(i_~ I ----/' SITE PLAN CONTROL AGREEMENT ~ I/i / I I {\....-- --i,....f- i 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 Sy-Iaw 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 "S"; ., NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 Ic-5 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. 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 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 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. 4 3. DEVELOPMENT RESTRICTIONS --IC-~ 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: 1(-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 "D" 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 retum said Letter of Credit. f) If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township shall give, by registered mail, twenty-one (21) 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-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 registered on title. 6 9. SEVERABILITY OF CLAUSES -1 /i '-, / Il - 0 ! 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-/dj/~ ' ) Owner: Albert Francis Edstrom ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn pennycook, Clerk ) . 7 SCHEDULE "A" 1('-9 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. LEGAL DESCRIPTION OF LANDS Pt. Lot 21, Concession 9 (former Township of Ora), being all of PIN #58549-0049 (Lt). 8 NOTE: SITE PLAN SCHEDULE "8" 1c or I 0 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 , , i SCHEDULE "C" 1c//J 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 ]0 SCHEDULE "0" /c- /:J- 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 11 -, ! REPORT DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #ES2002-41 WHOLE Keith Mathieson SUBJECT & FILE #: DEPARTMENT: " COUNCIL: Request for One Streetlight Public Works at the Intersection of Booth C.OFW.: Street and Hwy. #11 North DA TE: June 20,2002 MOTION #: DATE: R. M. FILE #: T01-12057 BACKGROUN At the Regular Committee of the Whole Meeting held on May 8,2002, Report #ES2002-30 was presented to Council requesting the installation offive (5) streetlights on Booth Street. Council felt, at that time, that the request by Mr. Varriano was for one streetlight only at Booth Street and Hwy. #11 and staff was directed to contact Mr. Varriano with respect to location and report back to Council with a cost estimate to install one streetlight at Booth Street and Hwy. #11 North. Mr. Varriano is satisfied with the proposed location of the streetlight and Ministry of Transportation approval has been received. The estimated cost to install a new pole and streetlight is $1,795.00, including G.S.T. As Council indicated at the May 8th meeting, the installation of the streetlight is for safety concerns and the capital and operating costs should be paid from the general tax levy. Hydro costs for one year would be approximately $132.00. 1. THAT Council receives and adopts this report. 2. THAT the Township proceeds with the installation of one streetlight at the intersection of Booth Street and Hwy. #11 North. 3. THAT the cost of the installation and operating costs be charged to the general tax levy and be considered an overrun to the 2002 Budget. 4. TH . Varriano be advised of Council's decision. ) / Resp ctftl11y submitted, ~ a le~on n ~(jlJJ- f\?-; LJJ' ;<:1) \ oy {}J?\/ y ~ C. -1 REPORT DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #ES2002-39 WHOLE Keith Mathieson SUBJECT & FILE #: DEPARTMENT: COUNCIL: BestPro Corporation - Public Works Subdivision Agreement- C.OFW.: Parcel 10-1, Section 51-0ro-5, Part of West Part of Lot 10, DATE: June 21, 2002 MOTION #: Cone. 5 (Former Oro), Part 1, 51 R-27833, Being all of PIN DATE: #58536-0050 (Lt) R. M. FILE #: D12-12053 Bestpro Corporation has purchased the proposed thirty (30) lot subdivision located in the village of Edgar (4th Line and Old Barrie Road). At this time, the Developer would like to enter into a Subdivision Agreement with the Township. All draft plan conditions have been met and the, required Letter of Credit has been posted with the Township. 1. THAT Council receives and adopts this report. 2. THAT the Township of Oro-Medonte €nters into a Subdivision Agreement with BestPro Corporation, Parcel 1 0-1, Section 51-0ro-5, Part of West Part of Lot 10, Concession 5 (former Oro), Part 1, 51 R-27833, being all of PIN #58536-0050 (Lt). 3. THAT the Clerk prepares a By-Iaw'for Council's consideration. f\~~\r/ {ju' 1I\,tU \ U \../ '1' r i} \./", l ~ o -J Ie- .?:.'"'~I:;' :;1"if.'=l,,\:..:~ ,{'~~~' , ~.,~ '" ~ t ~ ~ .- \'rt ' X. .,. .~..~ 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 "K" - 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 Ie .;<=:" '-^ 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 "An hereto annexed, and are also shown on the Plan of Subdivision attached to and forming part of this Agreement as Schedule "8" 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: - --- Je- 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 fumish 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 aH 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. -i 1,1.11 1.1.12 ........ IE 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. LAYER/LEVEL PLAN OF SUB LINE TYPE CONTINUOUS COLOUR YELLOW (2) The text, which describes the property lot numbers for the Plan of Subdivision, will be isolated on a unique layer/level. The lot number will be inserted as descriptive text. LA YER/LEVEL PL L T TEXT FONT MONOTEXT COLOUR YELLOW (2) The digital files should contain enough site data as to allow for horizontal and vertical positioning within the existing base mapping. A minimum of two road intersections located outside the Plan of Subdivision must be shown in the drawing. It is not necessary that the digital data be in Universal Transverse Mercator (UTM) co-ordinates since the registration process will automatically convert any unit grid to the Ontario Base Mapping UTM Co-ordinate System. To furnish the Township with a certificate with respect to each lot or building block for which a Building Permit application is made, certifying that the proposed construction is in conformity with the 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 J p ) 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: Bemie Still 1833 Quantz Crescent INNISFIL, Ontario L9S 1 X2 (705) 721-4612 Or by FacsimileTransmission 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. (j ~ 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. Ie 1.12 MINISTRY OF THE ENVIRONMENT The Developer, and each individual lot owner, agrees to comply with the requirements and recommendations of the hydrogeologist's report prepared by Ian D. Wilson and Associates Limited dated October 2, 1990, Addendum No.1 dated March 29,1993 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. ;.:; Ie 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 "cn of this Agreement, along with the Storm Water Management Study prepared by Reinders and Associates (Barrie) Ltd. dated February 24,1999: Drawing No. Description 7104-05 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 - STA. 280 to 560 Plan and Profile-Lindie Lane - STA. 560 to 840 Plan and Profile-Lindie Lane - STA. 840 to 960 and Block 33 Fire Reservoir Plan and Profile-Drainage Ditch - STA. 0 to 300 Plan and Profile-Drainage Ditch-STA. 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 7104-03 7104-04 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 / c -/1 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 "S" - Schedule "C" - Schedule "0" - Schedule "E" - Schedule "F" - Schedule "G" - Schedule "H" - Schedule "'" Schedule "J" - Schedule UK" - 2.7 SUBDIVISION CHANGES Description of Lands Seing 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 Suilding 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. jIJ -; i~ /C--J~ 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 clearfrom 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 TV 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 -. . ., . " .:escrJoea in .::;;cnecule ,-, ana Inat lnere,....!l! :Je no -s:nC;Jrnorances registered against the said lands. i I le-- 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. ~. i...: / !~ e.-I':' 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, Falling adequate precautions being taken, the Developer shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. 13 1'- 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, t,he 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. soecifications and financial requirements of the Township, in effect as of that date. is executed by ali pames: or 1-+ /p~ 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 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 w_ 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 tne oasIs ana in accoraance with assessment ana 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. i6 7e / 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 perfonnance of the contract for the installation of the said services and the payment of all obligations arising thereunder, the following securities: a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule uK" with an automatic renewal clause, in the amount of one hundred percent (100%) of the estimated costs of the said works, as set out in Schedule "0" and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, three (3) months prior to expiration. Unless the Letter of Credit is renewed as noted above, the Township shall have the absolute right to refuse to issue Building Pennits 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 Scneaules, then the secunty provloeo for aoove snali ce ,ncreased to an amount equal to the tendered contract price. 17 '- d) Application - any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and security received by the Township may be used as security for any item or any other matter, which under the terms of this Agreement, is the responsibility of the Developer, including, without limiting the generality of the foregoing, payment of engineering, legal, planning, and development charges, or other costs incurred by the Township, which are the responsibility of the Developer under the terms of this Subdivision Agreement, as well as development charges and costs to acquire lands or interest therein, e) Default - if, in the event of default of the Developer under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits, then the Township (its servants, agents or sub-contractors) shall, if the Township so elects, have the right and privilege at all times to enter upon the said lands for the purpose of repairing or completing any work or services required to be completed by the Developer under this Agreement. f) Exceeding Cost Estimates - if the costs of completing such work or service exceeds the amount of security held by the Township, such excess shall be paid by the Developer to the Township, thirty (30) days after invoicing by the Township. All overdue accounts shall bear interest at the rate of 12% per annum. g) Save Harmless - the Developer, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless the Township from and against any and all claims, suits, actions and demands whatsoever which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. h) The Construction Lien Act - if the Township becomes obligated to make any payments, or pay any costs under the provisions of Section 17(4) of the Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. i) Surplus Funds - in the event that the Township cashes a Letter of Credit to complete Township services or satisfy any obligations under this Agreement, any surplus monies that remain after this work is completed shall, upon full compliance by the Developer with the terms of this Agreement, be returned to the issuing financial institution for transmission to that party that took out the original Letter of Credit. 5.7 DISCHARGE OF SECURITIES 5.7.1 Estimated Cost of Works - after the completion of fifty percent (50%) of the services based on the total estimated cost of works in the subdivision or in an approved stage of the subdivision, and provided the Developer is in compliance with all aspects of the Subdivision Agreement, the Developer shall, as the work further proceeds to completion, have the privilege, on application to the Township and upon certification of the Township Engineer, of obtaining reductions of the cash or Letter of Credit deposited for the installation of the services, in increments of not less than ten percent (10%). Upon application for reduction of the securities, the Developer's Engineer shall provide an estimate of the cost to complete the work. This amount. wnen approvea 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 1:) estimate will be released upon satisfactory assurance to the Township that there are no liens pursuant to the Construction Lien Act affecting lands conveyed or to be conveyed to the Township within the Plan of Subdivision, pursuant to the terms of this Subdivision Agreement. " 5.7.2 Final Occupancy and Lot Grading Deposit - the Developer shall deposit with the Township, the required Final Occupancy and Lot Grading Deposit at a rate applicable at the time of the issuance of Building Permits. Upon certification of final grade elevations indicating that the property has been developed in conformity with the General Location and Lot Grading Plan by a certified Engineer and approved by the Township Engineer, the balance of the deposit shall be returned. 5.8 STATUTORY DECLARATION OF ACCOUNTS PAID The Developer agrees that upon applying for a Discharge of Securities or for a Certificate of Substantial Completion and Acceptance, or for a Certificate of Maintenance and Final Acceptance for the services within the subdivision, or upon applying for prior acceptance of the underground services, he shall supply the Township with a Statutory Declaration that all accounts for work and materials for said services have been paid and that the Construction Lien Act has been complied with and that no liens thereunder have or can be registered, except normal guarantee hold backs, and that there are or will be no claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the Developer in connection with the subdivision. 5.9 PLEDGE OF TITLE TO LANDS The Developer hereby charges and pledges as security for all costs, charges, expenses or obligations of the Developer under the provisions of this Subdivision Agreement all of its right, title and interest in the said lands, and consents to the registration of this Subdivision Agreement against title to the said lands. 5.10 INSURANCE CERTIFICATE AND POLICY 5.10.1 Policy of Insurance - the Developer shall lodge with the Township, on or prior to the execution of the Agreement, an insurance certificate with an insurance company satisfactory to the Township, (which said approval shall not be unreasonably withheld or delayed), and insuring for the joint benefit of the Developer, their agents and the Township and their agents. against any liability that may anse 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 - ',0.3 ,\Jotlce oi CanCellatiOn - a provIsion mat 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 I P -f-1 t..-- 'I 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 ') -, Je 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. 2l -., Ie 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. '" ""! .-. ~ ..? / " i t..- -^~ 7.5 BLASTING " Before any blasting is proceeded with by the Developer, the Developer shall obtain from the Township Engineer or Township Public Works Official, written permission for carrying out the blasting operation, and shall obtain the blasting permit and show proof of insurance for all damage or claims for damage resulting from the blasting operation The Developer, in any event, shall be responSible for any such claims. 7.6 ACCESS ROADS All access roads must be maintained by the Developer in good repair acceptable to the Township Engineer and Township Public Works Official during the time of construction, including dust control and the removal of any mud or debris tracked from the subdivision, and no roadway outside the limits of the proposed subdivision may be closed without the written consent of the Township Public Works Official. For the purpose of getting such consent, the Developer shall advise the Township Public Works Official and the Township Clerk of the date and time they wish to close a roadway. The Township reserves the right to limit or prohibit the use of any existing access road by the Developer. 7.7 DAMAGE TO EXISTING PLANT The Developer shall repair any damages caused to an existing road, road allowance or existing structure or plant located on the road allowance as a result of the subdivision development and shall pay for any costs involved in the relocation of existing services, such as hydrants, telephone poles, etc., which may become necessary because of the development of the subdivision. In this regard, the Developer's Engineer shall arrange for an inspection with the Township Public Works Official and Township Engineer for the purpose of compiling an inventory of existing conditions prior to work on the subdivision. Otherwise, the Township Public Works Official's assessment of conditions prior to construction will be final. 7.8 DUST CONTROL Until the Certificate of Substantial Completion and Acceptance (Aboveground Works) has been issued, the Developer shall apply calcium to the roads within the subdivision and/or utilized by construction traffic, in quantities sufficient to prevent any dust problem to traffic or home occupants, to the satisfaction of the Township Engineers. If the Developer has not taken remedial action within twenty-four (24) hours of receiving a written notification (via facsimile) from the Township's Engineer regarding a dust control problem, then the Township's Engineer, at their sole discretion, shall employ outside forces to implement, at the Developer's expense, a suitable measure of dust control. 7.9 CONSTRUCTION REFUSE All construction refuse, garbage and debris from the subdivision must be disposed of in an orderly and sanitary fashion by the Developer, off the site of the subdivision, at a licensed landfill site. The Township is not responsible for the removal or disposal of refuse, garbage and debris. Open air burning is not permitted by the Township. The Developer agrees to deliver a copy of this clause to each and every builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. 23 '-. 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 assumotion of the said works by the Township. :-! 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: 1. The works may be used prior to acceptance by the Township or other authorized persons for the purpose for which such works are designed. 11. 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. 25 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 71 04-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 comers, as well as mid-lot elevations, where deemed necessary by the Township Engineer. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the Plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Developer. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent lands. No lot owner in the subdivision shall encumber or impede storm drainage in any manner whatsoever. In the event that the Developer, or any subsequent lot owner, obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any connecting swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the swale area, the Developer, and any subsequent lot owner, shall not construct any works, remove, or permit to be removed, any soil from the said swale/easement, excavate, drill, install, erect, or permit to be excavated, drilled, installed or erected in, over, upon, under or through the said swale/easement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the subdivision upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after the due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per Section 326 of the Municipal Act. The Developer agrees to deliver a copy of this clause to each and every prospective purchaser and/or builder obtaining a Building Permit for any lot or part of a lot on the said Plan of Subdivision. Generally, the drainage facilities will consist of open ditches within the subdivision or storm sewers in certain locations to provide a satisfactory drainage outlet, and will be in accordance with the Drainage Plan 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 inK ience. 26 --- /= 1'-- 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. ,.., !?'- /-' (\..--- ^ (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 /e- PART-a 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 comers 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 r:ians notea aoave. 29 f '- n,. 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 7104-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 aoproved by the Townshio for ,\iunlclpal Aaaress SysIem numoenng, 3S seI OUI In G;ause b.-+, 30 /e~- 2: (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 "Yith 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 (10'") Building Permit allowed in the development. 8.3 LOTS UNSUITABLE FOR BUILDING OR LOTS REQUIRING SPECIAL ATTENTION Any lot, which will require special attention in order to be serviced, will be listed on Schedule "En of this Agreement. Prior to the issuance of a Building Permit for any lot listed in Schedule "En, the Developer's Engineer must submit a letter to the Township Engineer outlining the measures to be taken to correct the problems on the lot. This proposal must be approved prior to applying for a Building Permit. 8.4 MUNICIPAL ADDRESS SYSTEM The Developer shall be responsible for obtaining the municipal address system numbers for each and every lot from the Municipal Office. As a further requirement. in order to obtain a Provisional Certificate of Occupancy, the Developer and/or builder or lot owner, shall install the aforementioned number at a location approved by the Township. The Developer agrees to provide a copy of this clause to each and every builder or lot owner in advance of the sale of such lot(s). 8.5 REQUIREMENTS FOR OCCUPANCY 8.5.1 No buildings erected on the lots or blocks within the Plan shall be occupied until a PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in accordance with the Township Building and Plumbing By-Law. PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow occupancy of a building. 8,5.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until: (i) The roadway has received the granular 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 leI'" - ......e (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 c- PART-9 MAINTENANCE AND ACCEPTANCE 9.1 FINAL ACCEPTANCE OF MUNICIPAL UNDERGROUND SERVICES On receipt of the Developers request for a final inspection of the underground services, the Township Engineer will again inspect the work and if satisfied, will recommend to the Township that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) be issued. It should be noted that the Certificate of Maintenance and Final Acceptance (Municipal Underground Services) can be applied for by the Developer two (2) years after the receipt of the Certificate of Substantial Completion and Acceptance (Municipal Underground Services). Notwithstanding anything hereinafter set out, the Township shall not be obligated to assume the responsibility for and take over the subdivision services until fifty percent (50%) of the lots on the subdivision or stage of the subdivision have completed dwellings erected therein and Occupancy Permits have been issued. The Developer shall be responsible for the normal operation, maintenance, and all repairs of the services in this case until the Township has assumed the responsibility of the services. 9.2 SUBSTANTIAL COMPLETION OF ABOVEGROUND SERVICES When all of the services have been completed, including the surface lift of asphalt in accordance with this Agreement or in a particular stage, the Township Engineer and Public Works Official shall make an inspection to ensure that the Township will accept the road system. The Township Engineer shall issue a Certificate of Substantial Completion and Acceptance (Aboveground Services) when the works are accepted by the Township. This Certificate may contain a list of minor deficiencies, which have to be corrected by the Developer, but which are not considered of sufficient importance to delay the issuance of the Certificate and the acceptance of the services by the Township. The two (2) year maintenance period will commence when the Township Council approves the issuance of the Certificate. 9.3 MAINTENANCE OF WORKS The Developer will be responsible for the repair and maintenance of all the subdivision services for a period of two (2) years from the date the Township Council approves the Certificate of Substantial Completion and Acceptance. This shall be called the Maintenance Period. The maintenance shall include the maintaining and mowing of grass within the road allowances, as well as the parkland area and detention pond, on a regular basis. If the Township is requested to carry out this maintenance. the Developer shall pay all charges to the Township. If, during this period, the Developer fails to carry out maintenance work within forty-eight (48) hours after receipt of a request from the Township, then the Township Engineer may, without further notice. undertake such maintenance work and the total cost of such work, including Engineering fees, shall be borne by the Developer. If the Developer fails to pay the Township within thirty (30) days of the date of billing, then the money owing may be deducted from the cash deposit or Letter of Credit. During the maintenance period, ten percent (10%) of the original estimated cost of the works shall be retained by the Township. " i ;<'" -- 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 uptil 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,OO/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 :::cceprance. 34 ~ ~ ;..... '-' 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 SIGNED, SEALED AND DELIVERED this day of THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Title: Per: Title: BESTPRO CORPORATION per:-b~=<"> StJJ Bernie Still Title: President per:~ AI Beacock Tfil~. Secreta " _ ~ ,,:=7' / ~ Pef.- _ c,/ '-' ':---- "- Leo Procee Title: Treasurer Have the Authority to Bind the Corporation 3i ') _I /p- </ 1...--->0 A.D. 2002. /E <' " <J/ SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SESTPRO 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 1 0-1, Section 51-0ro-5, Part of the West Part of Lot 10, Conc. 5, Oro, Part 1, 51 R-27833, being all of PIN #58536-0050 (Lt). ]8 / -, -- r I~-:...:"", 1..,.."" SCHEDULE "8" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND BESTPRO CORPORATION. PLAN OF SUBDIVISION 51-M 39 .?;;,~ SCHEDULE "C" 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 7104-08 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 - ST A. 280 to 560 Plan and Profile-Lindie Lane - STA. 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 - 4'h Line Standard Details Standard Details Legal Drawing 7104-LG 7104-ST 7104-EL 7104-PA 7104-01 7104-02 7104-03 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 " , " Je-'io SCHEDULE "0" NOTE: It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE 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 8) Storm Drainage works complete. including storm sewers. ditch inlet catch basins, 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 41 NOTE: /e-< ~' SCHEDULE "E" 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. ,~ ~" 7c-'!z 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 alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with By-Law 99-081 of the Township of Oro- Medonte at the rate applicable, upon the issuance of the first Building Permit for each lot upon which charges are payable. (ii) Educational development charges in accordance with By-law (#3203-00] of the Simcoe-Muskoka Catholic District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable; and (iii) Educational development charges in accordance with By-law #3 (2000) of the Simcoe County District School Board at the rate that applies upon the issuance of the first Building Permit with respect to each lot upon which educational development charges are payable. Please be advised that specific rates applicable to each lot in the Plan of Subdivision can be obtained by contacting, for the Township of Oro-Medonte, the Treasurer; for the Simcoe-Muskoka Catholic District School Board, the Associate Director of Education; and in the case of the Simcoe County District School Board, the Superintendent of Facility Services. Please also be advised that development charge By-Laws may be enacted after the date of this subdivision by the County of Simcoe or by a Public Utility Commission pursuant to the Development Charges Act, 1997, which may impose a charge on the development of the lands within the plan of subdivision; Also, please be advised that the above-referenced By-Laws enacted pursuant to the Development Charges Act, 1997 and Section 257.53 of the Education Act, may be amended or superceded by subsequent By-Laws enacted in accordance with the respective legislation. 43 I t:' 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 .+4 NOTE: PARKLAND Block 31 E- SCHEDULE "H" It is understood and agreed that this Schedule forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDONTE AND SESTPRO CORPORATION. Plan 51-M 45 ---. ) /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 pnvate 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; -16 ~, /c-- 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 Seal or Witness Date ,- -;1 )E- ~- /' 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. -+8 7 e- '-l " SCHEDULE uK" 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 Unifonn 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 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 -19 REPORT -; DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #ES2002-40 WHOLE Ke ith Mathieson SUBJECT & FILE #: DEPARTMENT: COUNCIL: , Monica Interior Design Ltd. Public Works and Modco Investments Ltd. C.OFW.: - Amended Subdivision Agreement DATE: June 20, 2002 MOTION #: DATE: R. M. FILE #: D12-10970 The former Township of Oro and Monica Interior Design Ltd. entered into a Subdivision Agreement in 1988 for the construction of Phase III of the Sugarbush development. The Developer is now planning on proceeding with the last Stage (IV) of the subdivision, consisting of two streets, being Ironwood Trail and Ash Court (48 lots). t SUMMARY: . The Developer revised the alignment of Ironwood Trail from the approved subdivision drawings resulting in revising the Engineering Drawings and amending the original Subdivision Agreement. The Developer is now requesting that Monica Interior Design Ltd. and Modco Investments Ltd. enters into an amended Subdivision Agreement with the Township. The revised Engineering Drawings have been approved by the Township Engineer and the required securities for Section "A" of the Agreement have been posted by the Developer. 1. THAT Council receives and adopts this report. 2. THAT the Township of Oro-Medonte enters into an amended Subdivision Agreement with Monica Interior Design Ltd. and Modco Investments Ltd., as described in Schedule "A" of the amended Subdivision Agreement. 3. THAT the Clerk prepares a By-law for Council's consideration. Keith Mathieson ~ U9"'-') \u~ ) :0 Y It-~ THE CORPORA nON OF THE TO\VNSHIP OF ORO - MEDONTE SUBDIVISION AGREEMENT AMENDMENT THIS AGREEMENT made the day of ,2002. BETWEEN: MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD. (hereinafter called the "Developer") OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP 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. 19935.0.1993 c.33; AND WHEREAS by virtue of s. 47 of the Countv of Simcoe Act. 1993 the Municipality is bound by and receives the benefit of every agreement entered into by the fortner 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. 5 I of the Planning Act, in Ministry Subdivision File No. 43T -86031 (hereinafter the "Subdivision"); AND WHEREAS the fortner 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 No, L T131393 (hereinafter referred to as the "Agreement") 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 24132 no longer has an interest in the Lands. AND WHEREAS s. 14 of the Agreement provided for the development of the land subject to the Agreement in phases and stages; - 2 - jJ'_~ t } 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 foHows: I. Section 2 of the Agreement is amended by adding the foHowing words: "I I. Schedule (K) - Special Conditions for the development and servicing of Phase 3, Stage IV of the Subdivision". 2. The Agreement is amended by deleting Clause 59 and replacing it with the foHowing: "59A Development of Phase 3, Stage IV of the Subdivision The parties agree that except where otherwise specificaHy noted in this agreement or in Schedule "F", aH 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 shaH be as provided in Schedule "F" attached". 3. Schedule "0" of the Agreement is amended by deleting Clause III and replacing it with the following: "Works under Phase 3, Stage IV shaH be completed in its entirety by December, 2004 and in the fol1owing 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 fol1owing: "The estimated cost of works for Phase 3, Stage IV is: $ 1.301,541.69, divided into 3 sections as fol1ows "A", $ 59260.88 "B", $ 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 attached 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" attached hereto. IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals. duly attested by the proper signing officers. SIGNED. SEALED AND DELIVERED this day of .2002. - 3 - (;, I / r/- 'f 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 CORPORA nON OF THE TOWNSHIP OF ORO - MEDONTE Per: Mayor, J. Neil Craig Per: Clerk. Marilyn Pennycook ::ODMAIPCDOCS\DOCSII18402213 - 4- /" ~ 1/ ~ ji... V""\ {' J i ..........,- SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms 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 (formerly 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..()310 (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"()311 (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..()065 (Lt) Block 79, according to Registered Plan 51M-367. Fourthly: PIN #58533..()064 (Lt) Block 80, according to Registered Plan 51M-367. Fifthly: PIN #58533..()063 (Lt) Block 81, according to Registered Plan 51M-367. Sixthly: Part of PIN #58533..()204 (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..()211 (Lt) Part Lot 61, according to Registered Plan 51 M-367. - 5 - 1f-b DESCRIPTION OF LANDS (cont'd.): PIN #74057..Q209 (Lt) Part Lot 62, according to Registered Plan 51 M-367. PIN #74057..Q208 (Lt) Lot 63, according to Registered Plan 51M-367. Part of PIN #74057..Q310 (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..Q311 (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..Q311 (Lt) All of Lot 44, according to Registered Plan 51M-367. PIN #74057..Q226 (Lt) Lot 47, according to Registered Plan 51M-367. PIN #74057..Q225 (Lt) Lot 48, according to Registered Plan 51M-367. PIN #74057..Q224 (Lt) Lot 49, according to Registered Plan 51M-367. PIN #74057..Q223 (Lt) Lot 50, according to Registered Plan 51M-367. PIN #74057-0222 (Lt) Lot 51, according to Registered Plan 51M-367. PIN #74057..Q221 (Lt) Lot 52, according to Registered Plan 51M-367. PIN #74057..Q220 (Lt) Lot 53, according to Registered Plan 51M-367. PIN #74057..Q219 (Lt) Lot 54, according to Registered Plan 51M-367. PIN #74057..Q218 (Lt) Lot 55, according to Registered Plan 51M-367. - 6 - Ii .../'/1' / I ..r1, j f' I DESCRIPTION OF LANDS (cont'd.): PIN #74057-0240 (Lt) Block 83, according to Registered Plan 51 M-367. PIN #74057-0239 (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 51 M-367. All in the Township of Oro-Medonte, formerly in the Township of Oro, County of Simcoe - 7 - 1/-'1 APPENDIX "An NOTE: It is understood and agreed that this Appendix forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEDQNTE AND MONICA INTERIOR DESIGN lTD. AND MODCO INVESTMENTS LTD. PLAN OF SUBDIVISION 51R-31153 - 8 - If-q APPENDIX "S" 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 0-3 Description General Notes and Details Grading Plan Storm Drainage Area Plan Grading Plan and Septic Seds 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 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 STA. 0+343.490 - STA. 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" i!'/O It is understood and agreed that this Appendix forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MED()NTE AND MONICA INTERIOR DESIGN LTD. AND MODCO INVESTMENTS LTD. NOTE: 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 Supervision. ... .... .................... .... ....$ 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 $ 72,048.10 $ 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 i ! - 10- 1 !) , i 0 , i I APPENDIX no" NOTE: It is understood and agreed that this Appendix forms part of the Subdivision Agreement between the TOWNSHIP OF ORO-MEOONTE 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 Permit 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 - 7 r~ II APPENDIX "E" 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. 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 N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A - 12 - 7 (JJr-"/1 r' ((7- ./ / APPENDIX "F" NOTE: lt 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. 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 Pennit for each particular lot, unless alternative arrangements with the body enacting the By-Law relating to development charges or education development charges, which arrangements have been brought to the attention of the Chief Building Official, all charges are payable by cash or certified cheque in Canadian funds to the Chief Building Official of the Township: (i) Development charges in accordance with By-Law 99-081 of the Township of Oro- Medonte at the rate applicable upon the issuance of the first Building Pennit 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 Pennit 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 Pennit 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 Sirncoe- 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 CharKes 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 CharKes 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 panicularly 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 ofOro-Medonte as contemplated by section 38 of the Development Cllar~es Act, 1997, The parties agree that the value of the credit as detennined 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 S2.000.00. 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 parties agree that the credit may be transferred through request by the Developer in writing to the Township to another person on receipt of acknowledgment by the Township as provided for in Section 40 of the Development Char~es Act. 1997. - 13 - . {) It) 11"""1,:) 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 "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 nereoy 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; - \4- /1 r I/.V If / f! . j l" 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 - 15 - ..".--7;/ ,/ I! ,,/"'"'\ 'y , ' I I i-" I 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 - i{'lb APPENDIX "I" 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, the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of , Ontario, The Letter of Credit, we understand, relates to a Subdivision Agreement between our said customer and the Corporation of the Township of Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of (property description) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro- Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. it is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period, Dated at , Ontario, this day of 20 Authorized Signature Authorized Signature Bank of - 17 - 11- /7 SCHEDULE "K" STANDARDS FOR DEVELOPMENT AND SERVICING FOR PHASE 3.ST AGE IV OF THE SUBDIVISION. BEING PARTS I TO 27, LOTS 33. 34. 44, 47 - 55,59 - 63. BLOCKS 79.80.82 AND 85 INCLUSIVE 1. The Developer's Consulting Engineers shall prepare final "as constructed" mylar drawings, which will include the following with regards 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,Q4G 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 layer/level will outline the property boundaries in the form of enclosed polygons. LA YERlLEVEL PLAN OF SUB I 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. i LA YERJLEVEL I PL LTTEXT FONT MONOTEXT COLOUR YELLOW (2) The aigital files shouid contain enougn Site aala 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. , 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: 1950 Hwv. #7 West Building :'C", Unit ;:I I CONCORD. Ontario L4K I W5 (905) 669-4011 - 18 - l/r f? Or by Facsimile Transmission to: 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. 3. The Developer 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 Jots 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.] The provisions of this Schedule. and this amended Agreement, including the Appendixes hereinafter referred to: 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 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 ST A. 0+00 - ST A. 0+280 Plan and Profile - Ironwood Trail ST A. 0+280 - ST A. 0+480 Plan and Profile - Ironwood Trail ST A. 0+480 - 5T A. 0+629.58 Plan and Profile - Ironwood Trail STA. 0+629.58 - STA. 0+740 Plan and Profile - Ash Court STA. 0+007.275 - STA. 0+100 Plan and Profile - 6th Line Road 5T A. 0+00 - 5T A. 0+343.490 Plan and Profile - 6th Line Road STA. 0+343.490 - STA. 0+489.990 Water Distribution and Phasing Plan Details Details Water Main Details - ! 9 - 4,3 All Plans and Specifications submitted to and accepted by: 7//9 4.3.1 The Ministry of the Environment: 4,3.2 Electricity Distribution Company; 4,3,3 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 All applicable Provincial and Federal Legislation including the Federal Fisheries Act. 5. The following Appendices are attached to form part 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" - I temized 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 specitications and inspection on behalf of the Township. The inspection by the Township wi/I depend on the type of construction and the amount provided wi]] be deemed necessary by the Township. In this regard, the Developer agrees to pay to the Township. the sum of FIVE THOUSAND. FIVE HUNDRED DOLLARS ($5,500.00) upon submitting a Plan to the Township tor consideration to be applied to account of such costs. :!..s accounts are received from the Township Planner. lawyer. and Engineer. they wiJl be paid by the Township and then submitted to the Developer tor 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 deno,,;t j, rlrawn down to a level of TWO THOUSAND DOLLARS ($2,000.00), 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 Schedule and the Township may. without notice, invoke default provisions as set out in this Schedule, A.ny Letter of Credit or security filed with the Township is based upon the estimated cost of completing the \arious matters rrescnbed In :!..ppendix. "C" of this Schedule. 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 Schedule. is the responsibiiity 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 T 0wnship. which are the responsibility of the Developer under the - 20 - -I-r ;I ~u tenns of this Schedule. as well as development charges and costs to acquire lands or i merest therein. 8. If the Township becomes obligated to make any payments or pay any costs under the provisions of Section 17(4) of the Constl1lction Lien Act R.Sa. 1990. c.C.30. this will constitute a default and entitle the Township to realize upon its security. 9. INSURANCE CERTIFICATE AND POLICY 9. I 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 fifteen (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 confinnation that coverage includes (a), (b), (c), (d) and (e) above are in effect. 9.5 Continnation of Premium Pavment - The Developer shall, from time to time. as required by the Township, provide continnation that all premiums on such policy or policies insurance have been paid. and that the insurance is in full force and etTect. 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 an\'. and for which it mav he held resDonsible, 10. The works to be installed are set out in Appendix "c" of this Schedule. II, 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, 12. DEFINITIONS For the purposes of this Schedule: - 21 - ,t-;)( The tenn "Underground Services" shall mean the stonn drainage works (including culverts and stonn sewer), water works, underground electrical distribution system and streetlighting serving the Plan of Subdivision, as more particularly described in Appendix "C" to this Schedule; The tenn "Municipal Underground Services" shaH mean the stonn drainage works (including culverts and stonn sewer) water works. and street lighting serving the Plan of the Subdivision; The tenn "Certificate of Substantial Completion and Acceptance (Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confinning 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) shaH not constitute an assumption of the Municipal Underground Services by the Township; The tenn "Certificate of Maintenance and Final Acceptance (Underground Services)" shall mean a Certificate issued by the Township upon the recommendation of the Township Engineer confinning that the Municipal Underground Services constructed by the Developer, in accordance with the tenns 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 tenn "Aboveground Services" shall mean all municipal services to be constructed by the Developer pursuant to the tenns of this Schedule. as more particularly identified in Appendix "C", excluding Underground Services; The tenn "Certificate of Substantial Completion and Acceptance (Aboveground Services)" shaH mean a Certificate issued by the Township upon the recommendation of the Township Engineer confinning 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 and accepted by the Township Engineer. The issuance of a Certificate of Substantial Completion and Acceptance (Aboveground Services) shall constitute an assumption of the :\boveground Services by the Township for winter maintenance only: The tenn "Certificate of Maintenance and Final Acceptance i.-\bo\eground Services)" shall mean a Certiticate issued by the Township upon the recommendation of the Township Engineer contlnning that the Aboveground Services constructed by the Developer in accordance with the tenns of this Schedule. and as more particularly identitied in Appendix "C", have been satisfactorily completed and maintained by the Developer during the t\\O (2) year maintenance period, and issuance of the said Certiticate shall constitute tinal acceptance and assumption of the Aboveground Services by the Township: j, ~'-'- - IF I, " -Lr;L '1 CT"V" The tem "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 Schedule require: The tem "Cenificate of Maintenance and Final Af:ceptance" 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 "0" 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 correct the problems on the lot. This proposal must be approved prior to applying for a building pennit. 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 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 any1hing 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 Pemits have been issued, The Developer shall be responsible for the maintenance of the services in this case until the Township has assumed the responsibility of the services. Phase 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-I7872 Part 5 & 951R-31153 Section "B" Part 16. 15. 17. 14. 13. 12. 11. 10. 8. 7. 24. 23. 22. 21. 20. 19. 18. 51 R-31153. Blocks :() and 80 Section "C" Lot 47-55: M-3(i"7 Lots 59-63 M-367 Part 1.2.3.4.6.25.26.27 51 R-31153 REPORT ~ I cr --I ",,-,f DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #PWS2002-08 WHOLE Jerry Ball " SUBJECT & FILE #: DEPAR)"MENT: COUNCIL: Four-Way Stop - Line 11 and Roads 15/16 Sideroad C.OFW.: DATE: June 21, 2002 MOTION #: DATE: R. M. FILE #: T08-11280 BACKGROU At the Regular Committee of the Whole Meeting held on Wednesday, May 8, 2002, correspondence dated April 1 9, 2002 was received by Council from Ms. Sherry McKinnon, requesting a four-way stop at the intersection of Line 11 and the 15/16 Sideroad to assist school children in crossing this intersection to attend East Oro Public School. On June 5, 2002, this intersection was reviewed from approximately 8:15 a.m. to 9:00 a.m. to record the number of vehicles, buses, pedestrians and bicycles entering this intersection. The results are as follows: . Pedestrians - 8 . Bicycles - 2 . Vehicles - 61 . Buses - 4 During this time period, there did not appear to be any speeding vehicles or problems with children crossing this intersection. A second review was completed on June 11, 2002 during the same time period, with the following results: . Pedestrians - 7 . Bicycles - 4 . Vehicles - 46 . Buses - 4 Again, traffic did not appear to be speeding and there were no concerns with children crossing the intersection, except for the bicycle riders whom, once through the intersection, rode anywhere along Line 11 and did not consider vehicles approaching from either direction. On both days, most of the vehicles approached the intersection from the east on 15/16 Sideroad and turned south onto Line 11. /C/ ;~ It would be assumed that these vehicles are either teachers, or parents dropping their ch'Hdcren off at the school, which accounts for approximately 1/3 of the vehicle traffic. Upon completing the second site review and considering all of the vehicle traffic, along with the number of pedestrians, the existing 60 kmlh speed limit, and the signed "School Zone", it is recommended that a four-wqy stop intersection not be installed, as placement of the four-way stop would contradict the guidelines in the Manual of Uniform Traffic Control Devices for "All-Way Stop" controls (section attached). ' 1. THAT Council receives and adopts this report. 2. THAT the request for a four-way stop at the intersection of Line 11 and the 15/16 Sideroad be denied. 3. THAT the Public Works Superintendent advises Ms. Sherry McKinnon accordingly. Respectfully submitted, /) ::/' ,c /tJ/J"~c. ~ '. Jerry Ball (("j ft ..1 ~ ICJ~\ \",-5--.-Y'V ~ .I 0., - \ r~. k) ,",' C ., , ". ,--/ (./ C ~") Cl:v~ ' L/ C"-~, '""'. f/J ""-'<'; C1 C. ~ . r;). Ie; - ...::) '-' t. ,1A 'P!:;;-' April, 19'" ,2002 ~d ~(;J. / =f ~ Y1 ~ ov Members of Counci I Box 100, Oro, Ontario LOL 2XO 7"'~ r ....,,~, GI, ".0 tJ. · "'fi" n -;!.:<. ~ t-=> 'ton ......''"~ ~t .'- ~\ - , :;;;:.~ ... l'.i' ~= ~ ~ii\ ~ , I / Dear Members of Council, --/ I am writing to you on behalf of the parents that have children who walk to East Oro Public School. We are concerned with the safety of our children crossing over the busy 15/16 Side road. We are aware that the speed has been decreased, however, cars are not slowing down! The children crossing live on the north side of Line 11. Some of the residents have witnessed very "close calls", where a child has come within seconds of being hit by a car. Our request is that a four way stop be put in at the intersection of Line 11 and 15/16 Side road. It is sad to say, but usually something tragic has to happen like a child being killed before that intersection will be changed. We thank you for looking into our request and we hope we hope to hear about your decision in the near future! Yours si ncerely , ) / /~/ /~. i'( I~'i }! {/)\.J ," / vv..-. _ t t. (/"/ / Sherry McKinnon 487-2159 . .,... J T :"~h~"I!~'~ rlJ Ii ;q-q Part A ,-I I\. -...4i1I1iII\~ '! "1"~. '!I.._-I'oII.III-",~;;;,"'~:U~"....----~-~J._UH.dJM'''.l_''''- L-n Division 2 - Regulatory Section c) a volume split that does not exceed 70/30. Volume on the major street is defined as vehicles only. Volume on the minor street includes all vehicles plus any pedestrians wishing to cross the major roadway. 3. On roads and streets not considered to be either arterial or major collector streets. a) a total vehicle volume on all intersection approaches exceeding 350 for the highest hour recorded and, b) a volume split does not exceed 75/25 for three- way control or 65/35 for a four-way control. Volume is defined as vehicles only. All-Way "Stop" sign controls should not be used under the following conditions: . 1. Where the protection of pedestrians, school children in particular, is a prime concern. This concern can usually be addressed by other means. 2. As a speed control device. 3. On roadways where progressive signal timing exists. 4. On roadways within urban areas having a posted speed limit in excess of 60km/h. 5. At intersections having less than three, or more than four, approaches. 6. At intersections that are offset, poorly defined or geometrically substandard. 7. On truck or bus routes, except in an industrial area, or where two such routes cross. 8. On multi-lane approaches where a parked or stopped vehicle on the right will obscure the "Stop" sign. 9. Where traffic would be required to stop on grades. . 10. As a means of deterring the movement of through traffic in a residential area. 11. Where visibility of the sign is hampered by curves or grades, and insufficient safe stopping distance exists. 12. Where any other traffic device controlling right-of- way is permanently in place within 250 m, with the exception of a Yield sign. Where it has been determined by the presiding Road Authority that an All-Way "Stop" is warranted, the sign may be supplemented with an "All-Way" tab (Ra-1t) directly below the "Stop" sign. A 2.11.03 Location of "Stop" Signs 2,5 10 2.5 [(All-WAY] Ra-1t (15x30) cm COLOUR: Red Refl. Legend & Border, White ref!. Background BLANK NO: Special FONT: Helvetica Bold Condensed SUPPORT: As per Ra-1 January 1995 --- REPORT DEPT. REPORT TO: COMMITTEE OF THE PREPARED BY: #ES2002-36 WHOLE Keith Mathieson SUBJECT & FILE #: DEPARTMENT: COUNCIL: Arbourwood Estates Public Works Subdivision, Phase II - " Request for Fourteen (14) C.OFW.: Building Permits, Prior to Completion of Water System DATE: June 21,2002 MOTION #: Upgrades DATE: R. M. FILE #: D12-3343 The Township of Oro-Medonte entered into a Subdivision Agreement with Arbourwood Estates Ltd. in July, 2001 to construct Phase I, consisting of twenty-three (23) lots of the proposed one hundred (100) lot subdivision in the village of Shanty Bay. Prior to approval of Phase I, the Developer was required to upgrade the existing pumphouse and pump in the existing wells of the Shanty Bay water system. The Developer is now serving the balance of the subdivision under a Pre-Servicing Agreement. The Township, on behalf of the Developer, has completed the design of the required upgrades to the Shanty Bay pumphouse and reservoir. The application will be sent to the Ministry of the Environment for approval once capacity of the new well has been established. The Developer is requesting that he be allowed fourteen (14) building permits for Phase II, prior to completion of the water upgrades. The Developer's request is attached for Council's perusal. The Township Engineer is anticipating the upgrades of the water system to be completed by the fall of 2002 and feels the fourteen (14) additional permits should have no effect on the existing Shanty Bay water system, as confirmed in the attached correspondence. The Township Building Department has no concerns with the request by the Developer. 1. THAT Council receives and adopts this report. 2. THAT Arbourwood Estates Ltd. be allowed fourteen (14) building permits for Phase II, upon entering into a Subdivision Agreement, prior to the required upgrades to the Shanty Bay water system. ~UIIY submitted, Keith Mathieson , ,." C~....A.)'- t'.-J". "-..',' C~cJ ~~ ~-) \ f0~. <:r \. ~ ~JN-2002 02:38PM FROM-Terraventure Realty Group Ltd 416-512-7558 1-137 P OOZ/OOZ F-OZ9 . . Arbourwood Estates Ltd. 123 Sheppard Avenue East Willowdale, Ontario M2N 3A5 ! .-' - ~, --../ June 11, 2002 VIA FACSIMILE Mr. Keith Mathieson, Manager of Public Works Township of Qro-Me.donte Box 100, Oro, Ontario LOL 2X0 Dear Mr. Mathieson, Subject: AIbour'Wood ~tes Plan of ~ Phase Twoo B4oiJ1ding Pe......ts. Please accept this letter as our request for a partial release of building permits for Phase Two of the Arbouf\NOOd Estates Plan of Subdivision before the completion of the local Shanty Bay water system upgrade. />::, you are aware, we are actively engaged in the instal!ation of at! underground and aboveground services for Phase Two of this subdivision. We anticipate that servicing to top course asphalt wi. be completed by July 15, 2002. T he water system upgrade whk;h is required for Phase T'M) is now in the final design stages but will not be bu~t until later this summer due to circumstances beyond our control. We., therefore, would request that at least some of our Phase Two lots be released for building permits as soon as the subdivision roads and internal water system are installed. Phase One of the subdivision, induding the water pumping station were compteted last year. Only 9 of the 23 Phase One lots have neN homes on them or building permits to alJolN construction issued. We believe that there should be an interim capacity of at least 14 lots availabie for Phase Two at this time. Since house construction takes severa) months, 'He are confident that any additional demand on the wa1Ef system will not take place until the end of 2002, at the earliest. We would request you confirm at our earliest convenience that building permits will be avaHable when we have compieted irrtemaI servicing to top course asphalt We would be pleased to discuss this with you if you have any questions or comments- Yours very truly, ~-~~ Frank D. Reiss. M.C.LP_, RP_P. P~ident ArbouMOOd Estates Umited fr .. >1;;653 06/20 '02 10 :59 ~ ~ONSULTING ENCINEERS AND PLANNERS a ID:R. G. ROBIN~UN ~NU H~~U~ rH^;(V~ (~4 V(04 I-'"H\:It:. J./ c:. RG RoBINSON AND ASSOCIATES (BARRIE) Lro -..--,) DC'\ (r! - U ! Mr. K. Mathieson Manager ofPubJic Works To'Wnship of Oro-Medonte P.O. Box Joo R.R. # 1 Oro Station. ON LOL 2XO "By Fax" June J 8, 2002 Dear Mr. Mathieson: SbSQty Bay Pump Bouse Upgndes Arboyrwood Estates Ltd. - Pba8e II Mr. F. Reiss, President of Arbourwood Estates Ltd. in a letter dated June 11, 2002, has requested that l4-lots in Phase II be aUocated Building Permits prior to the upgrades at the water faciHty being constructed. Re: We have reviewed the capacity of the existing water facility and can find no reason to deny the request. There is sufficient capacity for normal use. It may be necessary to limit lawn watering at certain times until the proposed upgrades are completed. If you should require any additional infonnation, p]ease contact the undersigned. Yours truly, R.G. ROBINSON AND ASSOCIATES (BARRIE) LTD. R. Groves, Project Manager R07 File No. 12.00004-21 RG: Copy: F. Reiss. Arhourwood Estates Ltd. 10 High Stre~t, Barne, Onu.mo L4N lWI (705) 72J-n22 Fax (705) 734-D764 mgpl.sn@tgTa.on.ca @) t<(?C( -I i Township of Oro-Medonte REPORT Dept. Report To: Prepared By: #PD2002-27 Council Andria Leigh Subject & File #: Department: Council Final Approval of Planning C. of W. Horseshoe Valley Estate Residential Subdivision 43-0M-20011 Concession 4, Part of Lots Date: Motion # 1 and 2 (Oro) Development Application June 19, 2002 P-110/00 Date: R.M. File # D12010818 Background/Analysis: On June 20, 2001 Council received and approved a report recommending approval of a Plan of Subdivision at Concession 4, Lots 1 and 2 (Ora) located on Highland drive. This approval was subject to a number of conditions, which were required to be satisfied prior to final approval of the plan of subdivision. A copy of the draft plan conditions and map are attached for Council's reference. 1t Since June 2001 the developer has been working towards the completion of all conditions of draft plan approval. All clearance letters from the appropriate agencies have been received in accordance with the draft plan conditions. The final condition to be satisfied was the registration of the subdivision agreement and the transfer of the required easements and parkland blocks. As of this date all draft plan conditions as identified on the approval given June 20,2001 have been satisfied. In June 2000 approval authority for plans of subdivision was delegated from the County of Simcoe to the Township of Oro-Medonte in accordance with the requirements of the Planning Act and the Memorandum of Understanding with the County of Simcoe. A copy of this is attached for Council's reference. The Township, as the approval authority, is now in a position to approve the plan for final registration and it is recommended that the authority be given to the Mayor and Clerk to sign the final mylar plan to permit the registration of this plan of subdivision. ,F" ~"" Section 51.2 of the Planning Act permits the Council of a municipality by by-law to delegate all or any part of the authority to approve plans of subdivision to an officer identified in the by-law by name or positions occupied. As the Council is required to give approval to the draft plan of subdivision and the appropriate conditions, the final approval of that plan of subdivision only requires that all conditions have been, completed which is currently completed by the Township staff, The County of Simcoe has delegated by by-law the final approval authority for plans of subdivision to the Director of Planning the delegation of the final approval authority in Oro-Medonte to the Senior Planner would be consistent with the process followed at the County. On this basis, it is recommended that the Senior Planner position be delegated by by-law the approval authority to sign plans of subdivision for registration in accordance with Section 51.2 (4) of the Planning Act, as amended. Recommendation(s ): It is recommended to Council that: 1. The Draft Plan of Subdivision 43-0M-20011 be approved for final registration; 2. That the Mayor and Clerk be authorized to sign the final plan to permit registration; 3. That the Senior Planner be delegated the authority to sign for final approval on plans of subdivision in accordance with Section 51.2 (4) and that the appropriate by-law be brought forward for Council's consideration; and 4. That this report be received and adopted. Respectfully Submitted, .,/f~ ~~ (J Andria Leigh, Hons. B.A., MCIP, RPP. Senior Planner C.A.O. Comments: ( \ ~\, ~)(I ~~C x Dat~ u '-' J ( L-O J~1..J..}v^- (j/ /!~ . .t/H lI4J(I'1~ Dept. Head ,/ C.A.O. Applicant: Horseshoe Resort Corporation File No.: P~110/00 Municipality: Township of Oro-Medonte Subject Lands: Concession 4, Part of Lots 1 & 2 (Oro) /'i J-' rL::/v j.) \ X" I '; Date of Decision: June 20, 2001 Date of Notice: June 26, 2001 Last Date of Appeal: July 16,2001 ~ c~' NOTICE OF DECISION On Application for Approval of Draft Plan of Subdivision Subsection 51 (37) of the Planning Act Approval of Draft Plan of Subdivision to the appJication in respect of the subject lands noted above, is proposed to be given by the Township ofOro-Medonte. A copy of the decision is attached. When and How to File an Appeal Notice to appea] the decision to the Ontario Municipal Board must be fi1ed with the Township of Oro-Medonte no later than 20 dates from the date of this notice as shown above as the last date of appeal. The notice of appeal shou]d be sent to the attention of the Township Planner, at the address shown below and it must, (1) set out the reasons for the appeal, and (2) be accompanied by the fee prescribed under the Ontario Municipal Board Act in the amount of $] 25.00, payable by certified cheque to the Minister of Finance, Province of Ontario. Who Can File an Appeal Only individuals, corporations or public bodies may appeal the decision of the Township of Oro-Medonte to the Ontario Municipal Board. An appeal may not be fi1ed by an unincorporated association or group. However, a notice of appeal may be fi1ed in the name of an individual who is a member of the association or group. Right of Applicant or Public Body to Appeal Conditions The applicant or any public body may, at any time before the final plan of subdivision is approved, appeal any of the conditions imposed by the Township of Oro-Medonte to the Ontario Municipal Board by fi1ing with the Township, a notice of appeal. How to receive Notice of Changed Conditions The conditions of an approval of draft plan of subdivision may be changed at any time before the fmal approval is glVen. You wiJ] be entitled to receive notice of an changes to the conditions of approval of draft plan of subdivision if you have either, (J) made a written request to be notified of the decision to give or refuse to give approval of draft plan of subdivision, or (2) make a \vritten request to be notified of changes to the conditions of approval of the draft plan of subdivision. Other Related Applications: Zoning By-law Amendment and Official Plan Amendment - Development Application File No. P- 110100 Getting Additional Information Additional infoDTIation about the application is available for public inspection during regular office hours at the address noted below. Mailing Address for FiHng a Notice of Appeal Township of Oro-Medonte 148 Line 7 South Box 100 Oro ON, LOL 2XO Attn: Andria Leigh, Planner Tel (705) 487-217] Fax (705) 487-0133 Applicant: Horseshoe Resort Corporation File No.: P-110/00 Municipality: Township of Oro-Medonte Subject Lands: Concession 4, Part of Lots 1 & 2 (Oro) Date of Decision: June 20,2001 Date of Notice: June 26, 2001 Last Date of Appeal: July 16,2001 The Township's conditions and amendments to final plan approval for registration of this subdivision are as follows: No. Conditions 1. That this draft plan approval applies to the draft plan 43-0M-20011 prepared by P.K. Menzies Planning and Development, The Landplan Collaborative Ltd., and Dino RS. Astri, dated May 9, 2001, showing 13 lots and 1 park block on Part of Lots land 2, Concession 4 in the fonner Township of Oro, now the Township ofOro-Medonte. 2. That 0.3 metre reserves be included on the final Plan of Subdivision along Valleycrest Drive and along the south boundary of Lot 13 which shall be conveyed to the Township of Oro-Medonte without monetary consideration and free of all encumbrances. 3. That the existing 0.3 metre reserve located along Highland Drive be removed as specified by the draft plan. 4. That the owner enter into a Subdivision Agreement with the municipality, agreeing to satisfy all conditions, financial and otherwise, of the Township ofOro-Medonte. 5. That the owner prepare a slope stability assessment to the satisfaction of the Township to demonstrate the suitability of locating buildings within 23 metres of a slope. 6. That the Owner agree to either dedicate to the Township at least 5% of the land to be subdivided as public parkland or pay cash-in-lieu of parkland to the satisfaction of Counci1. 7. That prior to any site alteration or final approval, a plan or plans shall be prepared to the satisfaction of the Township Engineer showing: a) stormwater management measures; b) general lot grading including existing and proposed elevations; c) building envelopes; d) septic system location; e) driveway locations and proposed grades of driveway for Lots 2, 3, 5 and 6; f) erosion control measures; g) site servicing including water, hydro, telephone, cable TV, and gas services; as well as mainline utilities and appilltenances in the road allowance; and, h) areas where existing vegetation is to be retained These approved planes) will form part of the Subdivision Agreement or Site Plan Agreements with the Township of Oro-Medonte. Applicant: Horseshoe Resort Corporation File No.: P-l1 0/00 Municipality: Township of Oro-Medonte Subject Lands: Concession 4, Part of Lots 1 & 2 (Oro) Date of Decision: June 20, 2001 Date of Notice: June 26, 2001 Last Date of Appeal: July 16, 2001 8. That the owner prepare site plans depicting the information prescribed in 7 (b), (c), (d), (e) and (h) for each lot, as required. " 9. That the owner enter into Site Plan Agreements dealing with the items set out in Condition 8 for each lot with the Township of Oro-Medonte and register said site plans concurrently with the registration of the Plan of Subdivision in accordance with Section 41 of the Planning Act R.S.O. 1990, c. P. 13. 10. That the owner undertake soil suitability testing on lands proposed for private septic systems to the satisfaction of the Township of Oro-Medonte or the Simcoe County District Health Unit. 11. That the lands on the plan labe]]ed as "other lands owned by the applicant", be lega11y merged with the golf course lands, so as not to become separate conveyable parcels as a result of the eventual registration of the plan. If required, the Owner sha11 convey necessary easement(s) over these lands which are used for stonnwater drainage purposes. 12. That prior to final approval, the appropriate zoning sha11 be in effect for this subdivision, m accordance with the provisions of the Planning Act R.S.O. 1990, c. P. 13. 13. That such easements as may be required for utility or drainage purposes sha11 be granted to the appropriate authority, including the drainage easement shown on the plan that traverses Lots 3, 4 and 6. 14. That the Subdivision Agreement contain a clause to the effect that individual lot owners may be required to obtain the services of a professional engineer registered with the Association of Professional Engineers of Ontario experienced in private sewage system design to prepare a detailed site development plan for approval by the Township Engineer prior to the issuance of a Sewage System Pennit. This site plan wi11 be in confonnity with the plan or plans described above, and will contain the fo11owing: a) The location of a11 buildings and structures existing or proposed on the lot. b) The location, size and header invert elevation of the sewage system including existing and proposed finished grades. c) Drainage control measures. 15. That the owner sha11 agree in the Subdivision Agreement, in wording acceptable to the Township Engineer to ensure that a11 storm water management facilities and sediment and erosion control u , u measures wi11 be in place prior to any site alteration. Applicant: Horseshoe Resort Corporation File No.: P-110/00 Municipality: Township of Oro-Medonte Subject Lands: Concession 4, Part of Lots ] & 2 (Oro) Date of Decision: June 20,2001 Date of Notice: June 26, 2001 Last Date of Appeal: JuJy ]6,2001 If the agency conditions concern conditions in the subdivision agreement, a copy of the relevant section of the agreement should be sent to them. This wi11 expedite clearance of the final plan. 9. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shaJJ lapse under subsection 51 (32) of the Planning Act, R.S.O. 1990, as amended. If the owner wishes to request and extension to draft approva1. a written explanation, must be received by the Township of Oro-Medonte Prior to the lapsing date. Please note that an updated review of the plan, and revisions to the conditions of approval, may be necessary if an extension is to be granted. 10. When the Zoning By-law is being prepared, reference to this subdivision application OM-file number should be included in the explanatory note. This \vill expedite the Township's and other agencies' consideration of the by-law. Applicant: Horseshoe Resort Corporation File No.: 43-0M-20011 Municipality: Township of Oro-Medonte Subject Lands: Concession 4, Part of Lots ] & 2 (Oro) Date of Decision: January ]6,2002 Date of Notice: January 31, 2002 Last Date of Appeal: FebrualJ' 20, 2002 NOTJCE OF CHANGES TO THE CONDJTJONS OF APPROVAL With Respect to a Plan of Subdivision Subsection 51 (45) of the Planning Act On January] 6,2002 the Township of Oro-Medonte changed the conditions of approval of the draft plan of subdivision in the above noted application. That a redJine revision to the Draft Approved Plan which has the effect of moving the lot line between Lots 4 and 5 is approved as identified on the attached plan That condition 6 of the previous conditions approved June 20,200] is replaced with the foIIowing condition: 6. That the Park Block, being BJock 15, be shown as public parkland on the final plan and dedicated to the Township of Oro- Medonte free and clear of aJJ encumbrances, And that the Municipality received cash-in- lieu of parkland for the remainder of the parkland dedication. That a new condition 2] be added as foJJows: 2 I. That BJock 14, as identified on the attached plan be ]egaJJy merged with the golf course lands, so as not to become a separate conveyable parcel as a result of the eventual registration of the Plan, When and How to File an Appeal Notice to appeal the changed conditions to the Ontario Municipal Board must be filed with the Township of Oro- Medonte no later than 20 dates from the date of this notice as shown above as the last date of appeal. The notice of appeal should be sent to the attention of the Township P]mmer, at the address shown below and it must, (J) set out the reasons for the appeal, and (2) be accompanied by the fee prescribed under the Ontario Municipal Board Act in the amount of $]25.00, payable by certified cheque to the Minister of Finance, Province of Ontario. Who Can File an Appeal Only individuals, corporations or public bodies may appeal the decision of the Township ofOro-Medonte to the Ontario Municipal Board. An appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group. Right of Applicant and Public Body to Appeal Conditions (J) The appJicant or any public body may, at any time before the final plan of subdivision is approved, appeal any of the conditions of draft approval to the Ontario Municipa] Board by filing a notice of appeal with the Township ofOro-Medonte. Getting Additional ]nformation Additiona] information about the application is availab]e for pubJic inspection during regular office hours at the address noted be]ow. Mailing Address for Filing a Notice of Appea] Township of Oro-Medonte 148 Line 7 South Box ] 00 Oro ON LOL 2XO Attn: Andria Leigh, Planner Tel (705) 487-217J Fax (705) 487-0]33 Applicant: Horseshoe Resort Corporation FiJe No.: 43-0M-20011 Municipality: Township of Oro-Medonte Subject Lands: Concession 4, Part of Lots 1 & 2 (Oro) lJ Date of Decision: hnuar)' 16,2002 Date of Notice: January 31, 2002 Last Date of Appeal: February 20,2002 ~, \. f // } / / !.I I f,' / " .. ,. "" ,:.. LO" 59 '" '" \..01 &~ ~ I~ \..01 &4 ... '" .~ .:100.., ~;..> THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE BY-LA W NO. 2000-46 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING - DELEGA nON OF SUBDIV1SION AND CONDOMINIUM AFPROV AL AUTHORITY BETWEEN THE COUNTY OF SIMCOE AND THE TOWNSIDP OF ORO-MEDONTE WHEREAS Section 51.2 (2) of The Planning Act, R.S.O ]990 c. P. 13, as amended provides for the delegation of authority to approve plans of subdivision and condominium to a local municipality, AND WHEREAS Section 51 (9) of the Planning Act, R.S.O. 1990 c.P. 13, as amended, delegates the authority to approve plans of subdivision and condominiums to the County of Simcoe as ofJuly 27, ] 999 when part of the County of Simcoe Official plan came into effect; AND WHEREAS The County of Simcoe requires the entering into of the Memorandum of Understanding to establish the terms and conditions for the exercise of approval authority regarding applications for subdivisions and condominiums under the Planning Act, R.S.O. 1990, c.P. 13; NOW THEREFORE the Council for the Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Memorandum of Understanding - Delegation of Subdivision and Condominium Approval Authority attached hereto, as Appendix "A". 2. THAT the Mayor and Clerk are hereby authorized to execute the Memorandum of Understanding - Delegation of Subdivision and Condominium Approval Authority on behalf of the Corporation of the Township ofOro-Medonte; 3. THAT the attached Appendix "A" form part oftrus 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 17th DAY OF MAY, 2000. BY-LAW READ A THIRD TIME AND FINALLY PASSED TIllS \"1-DAY OF ~ ,2000, THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~,~ /:J ~" Mayor - Ian Beard .z; ~ .i/-L Clerk - Lynda Aiken Page 1 of 3 ..~ ! "'{~'\ '-~/ :MEMORANDUM OF UNDERSTANDING I DELEGA TION OF SUBDIVIS10N AND CONDOMINIUM APPROVAL AUTHORITY v An Agreement between the County of Simcoe ("County") and the Township ofOro-Medonte ("Township"). 1.0 Purpose The purpose ofthis Memorandum of Understanding (MOD) is to set out the terms, conditions, and guidelines for the exercise of approval authorities by the County and the Township regarding applications for subdivisions and condominiums under the Plarming Act. 2.0 Basis and Context The first Official Plan for the County of Simcoe was approved on April 3 , 1998; resolution of appeals resulted in part of the Plan coming into effect on July 2"J'h, 1999. This in turn resulted in the transfer of approval authorities for subdivisions and condominiums iTom the Minister ofMunicipal Affairs and Housing to the County (Section 51 (9) of the Planning Act). The Planning Act further provides for the delegation of some or all of these authorities iTom the County to a local municipality: Section 51.2 (2) of the Planning Act states that County Council "may, after the prescribed notice is given, by bylaw delegate all or any part of the authority to approve plans of subdivision to a constituent local or area municipality in respect ofland situated in the local or area municipality." The County has adopted Report 99-047 on September 28, 1999 which provides for the delegation of subdivision and condominium approval authorities to a local municipality upon its request. Where a local municipality has requested delegation of the approval authorities, this MOU constitutes an agreement under which the authorities would be granted and exercised. 3.0 Terms of Delegation The Township will maintain the following commitments: 3 . I The Township operates a Planning Department, as part of its regular municipal administrative structure, which is responsible for processing applications received under the Planning Act . of the Province of Ontario. The functions of the Department nonnally include: (a) receiving applications for the, subdivision of land and the development of condominiums, (b) determining the completeness of applications, Page 2 of 3 2 ( c) detennining compliance of the applications to the local official plan, the County Official Plan, the Provincial Policy Statement, and the Planning Act, (d) making recommendations \9 t.~e local Planning Committee and/or local Council regarding the suitability of subdivision applications and any conditions which should be applied to applications in accordance with (c) and good planning practice, ( e) establishing conditions of draft approval, ensuring the conditions are met, including consultation with appropriate authorities, and detennining when a subdivision is appropriate for final approval, all in accordance with the Planning Act. 3.2 The Township, through its Planning Department, shall ensure that it is represented by a qualified planner who is available to consult with the applicant, County planners or their designates, or provincial officials at appropriate stages of the processing of an application; the consultation may include site visits. In particular, consultation shall occur at the time of receipt of a complete application, before the application is submitted, and/or immediately after the application is submitted: this enables determination of compliance in accordance with 1. ( c) or of what modifications or conditions are required to bring the application into compliance. The qualified planner should be available for on site consultation with reasonable notice. c 3.3 Status of Official Plan The Township shall ensure that it has in effect a local municipal official plan which is in conformity with the County of Simcoe Official Plan and has regard to the Provincial Policy Statement. A local municipal plan may not be in full compliance with the County Plan at the time of a request for delegation for approval authorities or because of amendments to the County Plan. However, where the local plan is in substantial compliance with the County Plan as determined by the Planning Services Committee, the delegation of authorities, or continuance of that delegation, may take place if the Township undertakes to bring its plan into conformity , with the County Plan and the Provincial Policy Statement according to a timetable agreed to by the Township and the County. 3.4 Consultation The Township agrees to ensure full consultation regarding subdivision and condominium applications with the County at all stages at which County andlor provincial interests may be affected and specifically at the time of application (or immediately before or after a complete application is received as may be appropriate). The Township agrees ~o exercise due diligence to ensure that all notices as required by provincial Regulation are given. Page 3 of 3 ~ >( v 3 ' .. 3 .5 Training Requirements The Township agrees to make available appropriate staff to be trained with respect to provincial policies, operational practices and regulatory requirements which relate to the County's responsibilities for certain. plan review functions. If at any time the Township is unable to fulfil the tenns of this MOD, the County will notify the Township of actions needed to remedy the circumstances. If the Township has not undertaken with two months to take the necessary remedial actions, the County may withdraw the delegation of subdivision and condominium'approval authority. 4.0 Definitions Consultation: means notification of the County and other interested agencies of subdivision and condominium applications and all infonnation peninent to the application an9 its potential approval, denial, or approval with conditions; consultation with County planners and other officials regarding interpretation of planning policy as contained in planning documents in connection with an application; joint visits to the sites of applications involving a local planner and other local officials, County planners and other officials, County designates, and provincial officials as may be required. Designates: with regard to the County and its Planning Depanment, means persons representing agencies acting in an advisory role through agreement with the County, and may include representatives of other government agencies (e.g. conservation authorities), private agencies contracted by the County, or "peer" reviewers agreed to by the County and an applicant. P Janning Services Committee: a committee of the Council of the County of Simcoe which has been delegated authority to approve plans of subdivision under Section 5I.2( 1) of the Planning Act. " Qualified planner: a person with training and experience that would qualify that person to apply and obtain full membership in the Canadian Institute of Planners. y-J // I ~\ /"'A- --. ~ ,/ 0':' -'C'--Lf -"i Mayor, Township ofOro-Medonte !2~~~ CD C~\J~ Warden, County of Simcoe ~~/~ Clerk, Township of Oro-Medonte /!1(~ Clerk, County of Simcoe ""--j Township of Oro-Medonte REPORT Dept. Report To: Prepared By: #PD2002-26 Council Andria Leigh Subject & File #: Department: Council Committee of Adjustment Planning C. of W. Decisions for June 13, 2002 Date: Motion # June 19, 2002 Date: R.M. File # Clll1680 I ISUMMARY Attached are the Planning Reports and Committee of Adjustment Decisions for the Consent and Minor Variance applications that were heard at the Committee of Adjustment meeting held on June 13, 2002. The last date for receiving an appeal to the above noted decisions is Wednesday July 3, 2002. Consent Applications Minor Variance Applications B-14j02 John Strimas and Jane Burgess Con. 8, North Part Lot 12 (Medonte) 4910 Line 8 A-10j02 Donald Bick Con 11, Plan 623, Pt. Lot 24,25 (Ora) A-9j02 Rob and Kelly Talaska Con 11, E. Part Lot 22 (Oro) 372 Line 11 S. A-11j02 Ken and Tracy Powell Con 11, Plan 232, Lot 8 & S. Part Lot 9 (Oro) 310 Line 11 S. Minor Variance AppIications A-12j02 Andy and Cheryl Misch Cone. 8, Plan 798, Lot 24, 25 (Oro) 89 Lakeshore Road E. A-13j02 Rowanwood Conserver Society (John Olrichs) Cone. 7, Plan M-224, Lot 6 (Oro) 17 Rowanwood Road Recomme ndation( s): It is recommended to Council that this report be received. Respectfully Submitted, /j j' -/1 ------ / ~,~ ,~, ---C_ . (J , Andria Leigh, Hons. B.A., MCIP, RPP. Senior Planner C.A.O. Comments: C.A.O. Date: C~ Dept ead TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COF A2002-All PREPARED BY: Todd Weatherell DA TE: June 5,2002, APPLICANT: Ken and Tracy Powell APPLICATION NO.: A-ll/02 ROLL NUMBER: 4346010011 05600 LEGAL DESCRIPTION: Plan 232, Lot 8, S. Pt. Lot 9, (Oro) , IPROPOSAL The applicant is requesting relieffrom the minimum front yard setback of 7.5 111,etres (24.6 it) to 4.57 m,etres ( J 5 feet) for an addition to an existing house. , 'AGENCY COMMENTS Building Department: Owner/Contractor responsible for proper disposal of existing septic bed fill. Roads Department: No Concerns />>' DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE OFFICIAL PLAN? The subject property is designated Hawkestone Residential in the Official Plan. The intent of the Official Plan policy is to promote the development of uses that require fuIJ municipal services to be cost-effective to improve existing infrastructure in the area, and to promote consolidation of residential development. As the variance is requesting permission for an addition to an existing dweIJing, the application would appear to conform with the general intent of the policies of the Official Plan. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE ZONING BY-LAW PROVISIONS? The subject property is zoned Residential One (R]) in Zoning in By-law 97-95. The proposed variance would permit construction of an addition to an existing home, which is currently 4.57 metres away from the front yard setback requirement. The proposed variance conforms with the general intent of the Zoning By-law, as the addition would not further decrease the front yard setback to the existing dwelling. IS THE VARIANCE DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND? Upon site inspection it is evident that the addition would not appear to affect any of the surrounding neighbours; therefore the variance would be desirable on the lot for the veranda and the addition. I IS THE VARIANCE MINOR IN NATURE? I The proposed variances for the addition are considered minor in nature on the basis that the variance would not appear to negatively affect any surrounding neighbours. I IRECOMMENDA TION It is recommended that Minor Variance Application A-] ]/02 be approved subject to the foHowing conditions: ]. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the application, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. ] 990, c.P. ] 3; 5. That all municipal taxes be paid to the Township of Oro-Medonte. Submitted by, d~J2f Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: /i . } ~1J;- -tJ__ I i v JVAJ( (.,. 1_. c t--= \ '......' i. Andria Leigh, Planner Date -- fc) Decision BE IT RESOLVED that: Moved by, Joe Charles seconded by, Ken Robbins "That the Committee hereby GRANT Minor Variance Application A- 11 /02 subject to the following conditions: ]. That the building department verifies the height and building area approved by the . . mmor vanance. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the appJication, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. ] 990, c.P. ] 3; S. That a11 municipal taxes be paid to the Township of Oro-Medonte ... ..Carried," . ,Lor 9 1-1/2 STOREr BRICK OWELLlNG .\~',-C,l, '-.. . ~~, ..... ),..._\..~....'f" 4.41'l 165.2:-S' - ........ ":'1 ' j\REA = O. (('58 AC. ~ ~I~'" \ ~~~-.{j,~....,......vr<> . 1 v 1 .... p'......,:l, I . _,. dCII "" ~ .1 fA ~ t ~5.i8-, 5.18' ~ ' ;; r -........",.,...1 ) '" v ,f 0 -<00 o . ..0 ~~~ fJ ~JjJ ~ I():o. !2 ~:'J ~ !...:=, ~ ,>,J ~ ~ J ~ '::-::.0 '" ~ 0:: '-{ ..... d .....I ~ ~ ' . Q ..' J I, D ... ....... """. :J: .. ~ \. E ::::) ~ ~-- .. ... Q- ,~:i- N ... ...:'; '~ ~ h... V) ~ Q::: 3: ;z: ti' (-14' " h 1 7'" ro . .(:..1_.. ,(,ck_,.____ CEARUl AREA = O.IB97 "AC. PL. SSl8 (Wit) N 58-,0' 30"E I PART~ PL. 55. N 5tr 10' 30"E ,LOT 9 \~) LOT 8 ::-:::-. LPART I j .( :::3 t~ \ ;'I (, \~ .... AREA = Q~.\I 289 d.) ,( \ (A' ,\\- ~ SHEO GE~..;.: ~, (::1 ~:..! v RT '.J tFCl I' \WI' ~ ~R _ 2~60 ~~. (1067...~.~O, SOllfll) r-'.{:~C;Io"t l ,g,518 ~~., 'i . (lOti 1) I. I. '.~ .j r. -<: LOT / "'\ ~ ' 0-.. .- .~ <S" \S'" \ ,/~ K'.> AC. 33," . i. , _ \ _, " -g-- f I ! ~~ i 1,'. 'I \.' '\ ctJ ~~ ~. ~; <q ,/ ~ ~, ~, ,.).~,' " ~ !r IN I ..... ... ... 0'1 r- .... -"",- ,. "0 t<) m , o z <( (f) Z o (f) U) W u t5 u z W LU '~ t- W W ~f'" ,,' -t-- Q.) , c(1) '~~~ .,,+-.. (I) ~ . o ,~ .. C Q) " ....' .. J(') o ~ ..:::=- z w u, z 'c::{ 3: ..' ..."" c..._" ,'. "-0 ' ,~' ..J ..J <x: (:) <t .,.~' ! JOHN'ST. "LEGEM> n CII!> '__ nCJ.I()TJ:'C , TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COFA2002-A13 PREPARED BY: Todd Weatherell DA TE: June 5, 2002, APPLICANT: Rowanwood Conserver Society (John OJrichs) APPLlCA nON NO.: A-13/02 ROLL NUMBER: 434601000328603 LEGAL DESCRIPTION: Plan M-224, Lot 6, (Ora) IPROPOSAL , The applicant is requesting relief from the interior side yard setback of 8 metres (26.2 it) to 6 metres ( 19.7 feet) for an addition to an existing house. 'AGENCY COMMENTS I Bui]ding Department: No concerns Roads Department: Private road, no concerns. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE OFFICIAL PLAN? The subject property is designated Rural Residential in the Township's Official Plan. The general intent of the policies is to recognize existing estate, country estate and chalet residential developments in the Township. The proposed addition to an existing dwe1ling would genera1ly conform to the intent of the Official Plan policies, on this basis; the application would appear to conform with the general intent of the policies of the Official Plan. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE ZONING BY-LAW PROVISIONS? The subject property is zoned Rural Residential One Exception 45 (RUR] *45) in the Township's Zoning By-law 97-95, as amended. The intent of the By-law is to establish setback requirements, which assist in maintaining the character of the rural area. The' proposed variance would permit an addition to be located 6 metres away from the interior property line and to be in line with the existing dwelling which is currently 6 metres away from the property line, therefore the proposed variance would appear to maintain the intent of the Zoning By-law provisions. IS THE VARIANCE DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND? Upon site inspection it is evident that the addition would not appear to affect any of the surrounding neighbours. There is currently a dwe11ing, which is located 6 metres away from the property line, therefore; based on the above, the variance would be desirable on the lot for the addition. I lIS THE VARIANCE MINOR IN NATURE? The proposed variance for the addition is considered minor in nature on the basis that the variance would not appear to negatively affect any surrounding neighbours. IRECOMMENDA TION I It is recommended that Minor Variance AppJication A-13/02 be approved subject to the fol1owing conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the appJication, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the application, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 5. That al1 municipal taxes be paid to the Township of Oro-Medonte. Submitted by, C7j~-fJl Todd Weatherel1, Junior Planner TOWNSHIP PLANNER COMMENTS: A 1"-1 oi1 ~ ,I.-J\~ l/'~ [j JlJ lJ;- '-, i ;~~ -(. Andria Leigh, Planner Date Decision BE IT RESOLVED that: Moved by, Ken Robbins seconded by, Joe Char1es "That the Committee hereby GRANT Minor Variance AppJication A- J 3/02 subject to the foJJowing conditions: 1. That the building department verifies the height and building area approved by the . . mmor vanance. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the application, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 5. That all municipal taxes be paid to the Township of Oro-Medonte .... .Carried." .~ .'(, ,*:)o N ~ G' ..~ ,.."I ~ 38C40'30" ,..:..~ ~fo'O. 40~' 34.~42 W <II:::; 'j. ;\ ('\ \ ,~,' ~ 0 \ ~O'30"W J7 ,.0 ~ (P - <P Cif\~\~fJ "'o~'::. to- ---- u.' ~ o ('l - - '6> C ~ ,.0 "t. , ~ ~, ..~~~ ("\ ~~/~' (-' ,co "- , ;y ?,,~ r-\tp \ \ C!J ~ 'l, tlJ.~ ...... 0, C/). ~, ~ ......,; \ \ ( "- \ r', "'" '4...J , ,0\ \ \ \ \ , , \ \ \ ~, \/ , \ \ \ \ \ \, '\ \ \ ~ \, \i \ " \\ \\\\ \ \ \' <"t1 t r\) ( '0 -' C:o \b 40 ') ~ \ ,~.~ /'<""'- ~-" (, \~6' CLv::Y /' ...{,~' 67."377 N 4 8 o"3!>' 40'\ 'II 60.04'3 0' 0) It) ~ . Q ".: CO lu "4J ..... 0 .....: CI) ,,,. . <oq" ....~ ,,, ,-- I ,.... " "' (/- " ~.( (r) , ,,~ ,,' ",," ~) .. ""'" o 0) It) ~ tlf t1 fIJ' '"":' (J -..: '1 -q" ~. (1)-../ (j, Q.~, t( ~,~':'~';;Cf,.;c, TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COFA2002-A12 PREPARED BY: Todd Weatherell DA TE: June 5,2002, APPLICANT: Andy and Cheryl Misch APPLICA nON NO.: A-12l02 ROLL NUMBER: 4346 010 009 51400 LEGAL DESCRIPTION: Plan 798, Lot 24,25 (Ora) IPROPOSAL I The applicant is requesting relieffrom the minimum front yard setback from 7.5 metres (24.6ft) to ].2 metres (4 feet) for a detached garage. IAGENCY COMMENTS I Building Department: No concerns .. Roads Department: New driveway must be 15 metres from intersection. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE OFFICIAL PLAN? The subject property is designated Shoreline in the Official Plan. The intent of the Shoreline designation is to maintain the existing character of this residential area and to protect the natural features of the shore]ine area. The proposed variance would occur on the roadside of the dwe]]ing creating no detrimental effects on the shoreline. On this basis, the application would appear to conform with the general intent of the policies of the Official Plan. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE ZONING BY-LAW PROVISIONS? The subject property is zoned Shoreline Residential (SR) in Zoning in By-law 97-95. The proposed variance would permit construction of a detached garage from 7.5 metres (24.6 feet) to ] .2 metres (4 feet). The proposed variance conforms with the general intent of the Zoning By-law as a detached garage is permitted in the front yard within the Shoreline Residential Zoning IS THE VARIANCE DESIRABLE FOR THE APPROPRIA TE DEVELOPMENT OR USE OF THE LAND? . Upon site inspection it is evident that the garage would not appear to affect any of the surrounding neighbours as a large cedar hedge separates the garage from Lakeshore Road and from the neighbouring property. Favourable comments should be received from the building department in regards to the distance that separates the garage from the septic, therefore the variance would be desirable on the lot for the garage once Committee is satisfied with the building departments comments. lIS THE VARIANCE MINOR IN NATURE? I The proposed variances for the garage is considered minor in nature on the basis that the variance would not appear to negatively affect any surrounding neighbours. J ~- i , , IRECOMMENDATION It is recommended that Minor Variance AppJication A-] 2/02 be approved subject to the foJ]owing conditions: ]. That an Ontario Land Surveyor provide verification to the Township of compJiance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of surveylreaJ property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the appJication, as submitted; 3. That the Township of Oro-Medonte BuiJding Department approve of the appJication, in writing; 4. That the appropriate buiJding permit be obtained from the Township's Chief BuiJding OfficiaJ onJy after the Committee's decision becomes finaJ and binding, as provided for within the PJanning Act R.S.O. 1990, c.P. 13; 5. That aJ] municipaJ taxes be paid to the Township of Oro-Medonte. Submitted by, ~;4-ee Todd WeathereJ], Junior PJanner . TOWNSHIP PLANNER COMMENTS: ~~; '-t,,-,A JtjAJf f , 1:7/ c:. Z Andria Leigh, Planner Date Decision BE IT RESOLVED that: Moved by, Dave Edwards seconded by, Joe Charles "That the Committee hereby DEFER Minor Variance Application A-12/02 to allow for the app1icant to amend the app1ication for re-circu1ation. ... ..Carried." , -/ ~ ~;,,- <{". ~ ~ o ~ / r r , ~ SIBf 10351 <"" <"" 0 0-" -'_ o '" '" '" . ":C\ - 4::'J\q; ://SI , i I_:J / c' \ 79tl \' \'~ ~~\\J r~ .' , \.~..~~~ ,0/ o o ,.; " 1\ \~\~ . ~\".\vv -f " ~ <{". // " / ~ rr' ' / Y/ .\\cJ\ \- ' /)~y. / ~\. / // / >;. - " '\-""\ O. - . c~ '\-""\ ~, \". ~ ,.' 1 \':I ~~. \ DS-4491 BU ILD ING LOCATION SURVEY OF ~ LOTS 24 AND 25 REGISTERED PLAN 798 TOWNSH IP OF ORO COUNTY OF SIMCOE W. DOUGLAS SMITH, O.L.S. (1403) SCALE I" . 20' 1989 NOTES BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO PART OF THE SOUTHERLY L 1M IT OF BREEZY AVENUE, AS SHOWN ON REGISTERED PLAN 798, HAVING A BEARING OF N53056'00"E. . SIB . IB OSI8 o IB O.U. MEAS. PLAN .R IB 1035 DENOTES I" x I" x 4' LONG IRON BAR, FOUND. DENOTES 5/8" x 5/8" x 2' LONG IRON BAR, FOUND. DENOTES I" x I' x 4' LONG IRON BAR, PLANTED DENOTES 5/8" x 5/8" x 2' LONG IRON BAR, PLANTED DENOTES OR IG IN UNKNOWN DENOTES MEASURED DENOTES REG ISTERED PLAN 798 DENOTES I" DIAMETER IRON 8AR, FOUND DENOTES R.R, WELSMAN, 0.L.5. @ W. DOUGLAS SMITH, O,L.S. (1989) NO PERSON MAY COPY, REPRODUCE, DISTRIBUTE, OR AL TER TH IS PLAN, IN WHOLE OR IN PART, WITHOUT: THEWR ITTEN PERM ISSION OF' W. DOUGLAS SM ITH, O.L.S. BU ILD ING TIES SHOWN HEREON ARE TO THE CONCRETE FOUNDAT ION, UNLESS OTHERW ISE NOTED. SURV E YO R 'S CERTIFICATE 1 HEREBY CERT IFY THAT: THE FIELD SURVEY REPRESENTED ON THIS PLAN WAS COMPLETED ON F'EBRUARY 20, 19B9 BARRIE, ONTARIO FEBRUARY 28,1989 ?J ~t?f:L,~ w..DoubTH (1403) '.. ONTAR 10 LAND, SURVEYOR \ W[7~ W. DOUGLAS SM ITH L TD ONTAR 10 LAND SURVEYORS 138 COLL IER ST., BARR IE ONT. 722-6222 { ~~ TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COF A2002-A10 PREPARED BY: Todd Weatherell DATE: June 5, 2002 APPLICANT: Donald Bick APPLICATION NO.: A-10/02 ROLL NUMBER: 4346010011 30001 LEGAL DESCRIPTION: P1an 653, Lot 24, W. Pt. Lot 25 (Oro) IPROPOSAL , The applicant is requesting relieffrom the maximum heightfor a boathousefrom 4.5 metres (14.7 feet) to 6.4 metres (21 feet). The applicant is also requesting relieffrom Section 5.6 (C) the width of a boathouse, which is measuredfrom the interior faces of the walls of the boathouse. The applicant is requesting a variance from 30 % of the width of the lot at the average high water mark to 35 % for a boathouse width of 28 feet on an 80-foot wide lot. . IAGENCY COMMENTS I BuiJding Department: No Concerns Roads Department: No Concerns L./" DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE OFFICIAL PLAN? The subject property is designated Shore]ine in the Township's Officia] P]an. The genera] intent of the po]icies is to preserve the character of the shore]ine residentia] area and to protect the natura] features of the shore]ine. The proposed construction of the boathouse wou]d not appear to impact on the character of the shore]ine residentia] area. On this basis, the app]ication wou]d appear to conform with the genera] intent of the po]icies of the Officia] P]an. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE ZONING BY-LAW PROVISIONS? The subject property is zoned Shore]ine Residentia] (SR) in the Township's Zoning By- Jaw 97-95, as amended. The intent of the By-]aw is to estab]ish setback requirements, which assist in preserving the natura] shore]ine and maintaining the residentia] character. The proposed boathouse wou]d not appear to affect the surrounding neighbours; therefore the proposed variance wou]d appear to maintain the intent of the Zoning By-]aw provJsJons. IS THE VARIANCE DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND? Upon site inspection it is evident that the boathouse would not appear to affect any of the surrounding neighbours; therefore the variance wou]d be desirab1e on the Jot for the boathouse. 4. I ... lIS THE VARIANCE MINOR IN NATURE? The proposed variances for the boathouse are considered minor in nature on the basis that the variance wou]d not appear to negative]y affect any surrounding neighbours. -- IRECOMMENDA TION , It is recommended that Minor Variance AppJication A-] 0/02 be approved subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compJiance with the Committee's decision by ]) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the application, in writing; 4. That the appropriate buiJding permit be obtained from the Township's Chief Building OfficiaJ onJy after the Committee's decision becomes final and binding, as provided for within the PJanning Act R.S.O. ] 990, c.P. ] 3; 5. That a]] municipaJ taxes be paid to the Township of Oro-Medonte. Submitted by, ~-;/:%?-fP Todd WeathereIJ, Junior Planner TOWNSHIP PLANNER COMMENTS: ]I " /f 'J~ ~~~ [~',~ (/ J v }) ~ I' Andria Leigh, Planner Date Decision BE IT RESOLVED that: Moved by, Dave Edwards seconded by, Ken Robbins "That the Committee hereby DEFER Minor Variance Application A-10/02 so the applicant can amend the application, and that a proper site inspection can be completed. ... ..Carried." tIl '" 18 ) " ?:I t I ~21 L() r n n z "\ \, J ~,\ J ,.... ,.... c:) . () ..... ". ...... . -1..1 ~\ " ,... ~.. ...... to (f) .g Ii"",<:;: ......, ~ '-' ?: t ~o '0 o. 00 ~p ;...n r-1n Zz ~ OJ 1f) tl\ J """"" .".... a a ;'0 ~ to ~ ...()~ O ()~ _:~ ) , . '-'.' Ii) ~ ....-... 'J > ~ Ci) lC) t'r) "r-- ~ a . o "<;; . ........ . ~ CI) fJ) -4-1 ~ C (I) 'l/ ......... . I" """- , ~- I ~- 'r, ..-, \.../ \.../ I ~-.J I "-..I I I I -,:-- N56 '41'1 O"E . J~ 50.00' .. c> . . lo ,...,.. t~., "- --- LOT 2.,3 >It -- ~ t o n .. C'-J II) . 0-J n · -, a ~Nt:'W :> . c..CTT A ~-... . o ~ t ..-- ~ C1 "". 0 ('. . c)ou) .. ..J :t. ' .('\, n rJ") z -1-1 ,.-- r--') ..q- J{ Edqo (.Q V) o 0.: Q.) ~~ '- . .. ""--" - - .' ~ ~ o :::..-- i .. I 00 on .. . jN :_ n t'1 z .... .c:... t. CI c) CJ In . N n z . o ;... "-. . "f"; fJ) I r..: i'- .......... r"- -, -- . t-J-- li:~ T -H "", . 01 n Juno ~ "'~ LOT" 2.,\f ~ \Nt's\' fA..~\ Cf" WS\)""" E " :~e.w ::5QAT\-\O r, \.../ t ~-.J I ' SIB'MT 1- 29.94' / -H ..-- . lO ~ Water's . I' ,.. .. .,.... ("' ..) , (\ ,~ ..... " ...... . -1..1 ~ J ,.~ ~.. ...... I .....- I ..-.... \.- "-. ~ 20. C 18 25 , \ WIT 50. --H o I . ~ ! '1-<-- 11, 199 :. e W \j'2 \J ~ .~ ~ tS q 3~ .() it: l' p~o . \ . - ~\~\,,\ ' - ~,,\" _ ,....," \...f~ _'1'"'\-- _ _i'~\'---I: " '~,",^"',C"~,' 10)' ~ ,c 'I',' \( \ r\ i., f II ,,' i " " ".* ..--- \ '-9 \ ....----:- -: ~~ , ~\ o .". \ ~-~ ~C:-2 \ - . \ ~ "'~\ ~' ~- ..- " ~ -z ,0 - '4: ~ W :J. c.. W .-i "" \-" ~ "t. ~ a: ~ J /' DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE OFFICIAL PLAN? The subject property is designated Hawkestone ResidentiaJ in the Official Plan. The intent of the OfficiaJ Plan poJicy is to promote the deveJopment of uses that require fuJI municipal services to be cost-effective to improve existing infrastructure in the area, and to promote consolidation of residential deveJopment. As the variance is requesting permission for an addition to an existing dwelJing, the application would appear to conform with the generaJ intent of the policies of the OfficiaJ PJan. DOES THE VARIANCE CONFORM WITH THE GENERAL INTENT OF THE ZONING BY-LAW PROVISIONS? The subject property is zoned ResidentiaJ One (R]) and EnvironmentaJ Protection (EP) in Zoning in By-Jaw 97-95. The proposed variance wouJd permit the construction of an addition to an existing home to be Jocated 4.27 metres away from the front property Jine. The proposed addition would not appear to affect the surrounding neighbours or the EnvironmentaJ Protection zone, as it is Jocated in the rear of the property; therefore the proposed variance wouJd appear to maintain the intent of the Zoning By-Jaw provisions. IS THE VARIANCE DESIRABLE FOR THE APPROPRIA TE DEVELOPMENT OR USE OF THE I LAND? ~ Upon site inspection it is evident that the addition would not appear to affect any of the surrounding neighbours, as it has a buffer in front of the addition; therefore the variance wouJd be desirabJe on the Jot for the heated entrance way. . lIS THE VARIANCE MINOR IN NATURE? I The proposed variance for the addition is considered minor in nature on the basis that the variance would not appear to negativeJy affect any surrounding neighbours. TOWNSHIP OF ORO-MEDONTE REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COF A2002-A9 PREPARED BY: Todd Weatherell DATE: June 5,2002, APPUCANT: Rob and Kelly Talaska APPUCA nON NO.: A-9/02 ROLL NUMBER: 4346010011 06600 LEGAL DESCRIPTION: Con 11, E. Pt. Lot 22, (Oro) IPROPOSAL The applicant is requesting relieffrom the minimum front ,vard setback of 7.5 metres (24.6 ft) to 4.57 metres (J 5 feet) for an enclosed entranceway addition to an existing house. IAGENCY COMMENTS Bui]ding Department: No Concerns Roads Department: No Concerns . I I 1: .. (RECOMMENDATION , It is recommended that Minor Variance AppJication A-9/02 be approved subject to the foJJowing conditions: ]. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by J) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/rea] property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte Building Department approve of the application, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. ] 990, c.P. ] 3; 5. That aJl municipal taxes be paid to the Township of Oro-Medonte. Submitted by, 7~J:4f?fr ~:- 7 j-t~ ' Todd Weatherell, Junior Planner TOWNSHIP PLANNER COMMENTS: /j 1\ J -10 -~ i ~\..- ~ ,. / J V AJ (:.. Andria Leigh, Planner Date DECISION BE IT RESOLVED that: Moved by, Ken Robbins seconded by Joe CharJes "That the Committee hereby DEFER AppJication B-] 4/02 to amend appJication. ... ..Carried" , IRECOMMENDA TION It is recommended that Minor Variance AppJication A-9/02 be approved subject to the foHowing conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compJiance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/rea! property report prepared by an Ontario Land Surveyor. 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Township of Oro-Medonte BuiJding Department approve of the appJication, in writing; 4. That the appropriate building permit be obtained from the Township's Chief Bui)ding Official only after the Committee's decision becomes finaJ and binding, as provided for within the PJanning Act R.S.O. ]990, c.P. 13; 5. That a)] municipal taxes be paid to the Township of Oro-Medonte. Submitted by, C77~# Todd Weathere)], Junior Planner TOWNSHIP PLANNER COMMENTS: " /j / \ .~iJ~ J .i1 ~ ;/ ,J L.' A.J (~ Andria Leigh, Planner Date Decision BE IT RESOLVED that: Moved by, Dave Edwards seconded by, Joe Charles "That the Committee hereby GRANT Minor Variance Application A-9/02 subject to the following conditions: 5. That the buiJding department verifies the height and buiJding area approved by the minor variance. ff 6. That the setbacks be in conformity with the dimensions as set out in the appJication, as submitted; 7. That the Township of Oro-Medonte BuiJding Department approve of the appJication, in writing; 8. That the appropriate buiJding permit be obtained from the Township's Chief BuiJding OfficiaJ onJy after the Committee's decision becomes finaJ and binding, as provided for within the PJanning Act R.S.O. ] 990, c.P. ] 3; 9. That a]] municipaJ taxes be paid to the Township of Oro-Medonte .. ...Carried." \. . e The Owner or Agent shall prepare a plot plan showing the following information: 1. The true shape and dimensions of the land to which the application applies; 2. The prop0ged loc;ation, height and dimensions of the building or structure to which the application applies, including set back measurements from front, side and rear lot lines; 3. Thesizeandl<:>yationofevery building or structure already erected on the lot; 14. The proposed location and size of parking spaces, driveways, loading spaces and landscaping areas; and 5. ,,', ,'. Thf:3location of the-well, weeping bed and street line(s). PLOT PLAN 1 I I 1 I t I 1 ~ I " 'I I I - I J J) I I I . 1 I c;;r I 1 I1I1 I I' ~v 1/ '\~ I <- ~ ..r.,1ZS": ~ .( ! TOWN~ Personal information on issue building permits aJ Assessment CoinrnisslO ,I agree cto corrit:>IY with ' ,1993'. and any amendin ~~ 1 fur1heraiee~~~ has ~ is!;u~by"U:.e I hereby certify thallhE stated to the~;oI~ Ow~eror~~~;": .........,..::c....".,..,.'.:.;.....:..,.'.:t , Fire' Dept.~PPf " :.' " -~-':'. ",,"-~.,..\:,,., - ',: :'.:.-- :..-., "'-, 'Chi~f~}lilding " , Septidf'PprO..;s Planri~f(WheiE .... -<,;..' '. .. .. ":'"'';-;:;<''~~ '-'. ':';.~/::\Tt;."(,~~)-,, ->:-;~;< '";' :.-:>: >.:" '""/-\'"':i'::--:- TOWNSHIP OF ORO-MEDONTE I REPORT TO COMMITTEE OF ADJUSTMENT REPORT NO.: COF A2002-B14 PREPARED BY: Todd Weatherell DA TE: June 5, 2002 APPLICANT: John Strimas and Jane Burgess APPLICATION NO.: B-14102 ROLL NUMBER: 4346 020 005 08800 LEGAL DESCRIPTION: Concession 8, North Part of Lot 12, (Medonte) J PROPOSAL The purpose of application B-14/02 is to permit the creation of a new residentiallot. The new lot is proposed to have a lot frontage of 64.8 metres (212.60 feet), a lot depth of 50.56 metres (165.87 feet) and a lot area of 0.328 hectares (0.8096 acres). The land proposed to be retained would a lot frontage of 135 metres (443 feet), a lot depth of 144 metres (472.49 feet) and a lot area of 1.46 hectares (3.6 acres). J AGENCY COMMENTS Building Department: Structure converted to single family dwelJing without building department approval. Permit #124/00, proposed and issued for garage. Engineer/Architect review required to assess a11 construction work not inspected. Verification of Hydro inspection required. Change of use permit required. Order to comply #35 issued August 21/01 to obtain a building permit under Section 8(1) of Ontario Building Code Act, has not been compJied with. Roads Department: No Concerns I 4 , , t .. 'OFFICIAL PLAN I The subject property is designated Rural and Environmental Protection Two Overlay in the. Township's Official Plan. The general intent of the Rural policies is to preserve and promote the rural character of the Township and the maintenance of the open countryside. As the proposed application is to separate two dwe]]ings (section D3.3.1), the proposed application is deemed to not to conform with the policies of the Official Plan as the second dwelling on the property was created after December] 6, ] 998 which was when Official Plan Amendment #3 (Creation of new lot for properties which have two legal single detached dweJlings) was adopted. Therefore the severance of a residential lot with the second dweJ]ing wiJJ not conform to the policies of the Official Plan. 'ZONING BY-LAW I The subject property is zoned Environmental Protection (EP) in Zoning By-law 97-95, as amended. The permitted uses permitted within the Environmental Protection Zone are public parks, conservation uses and agricultural uses. Minor Variance application A-SlOG approved an accessory buiJding to be pemitted 9.5 metres (3] feet) away from the front yard setback, but it did not permit the construction of a single family dweJling; therefore the application does not conform to the Township's Zoning By-law. I RECOMMENDATION , It is recommended that Consent Application, B-] 4/02 be DENIED, as the appJication does not conform with the requirements for the Townships Official Plan and Zoning By- law. Submitted by, ~-y'7fl-{?P Todd Weatherell, Junior Planner . TOWNSHIP PLANNER COMMENTS: ~.J~ J~ /I V Andria Leigh, Planner 7- L/Jd ~- h (-c' "l Date DECISION BE IT RESOLVED that: Moved by, Ken Robbins seconded by Joe CharJes "That the Committee hereby DEFER AppJication B-] 4/02 to amend appJication. .; ... ..Carried" . U) :z. o ...... U) U) ~ u ~ :z. ~ 0 a CD U-o: w 0 ~ :z.!r \3! t:i1 ~ ~ ~ \ rENeE ~ E:-< ~ '.40'EJ61 ';; t:rJ 0.::: ~ t:Q t: ;;; ~22t z t3 <,j, ~ :z. 2 5",(0&5)'~ ;::; \ (WIT) . i> ~',-o~~ 24 .0 c:::\ ~ --- < PIN 58523-07 68(LT) T \ 0 #,,'" p:; \~ l~ 306,62' N59'30'30'E(P1&M) _e_________~~~~/ , m,49'(P1&:M) PIN 58523-07 64(LT) (<:.~)) ': 165,57' I I I \ 46B,02'(P1&M) N59'30'30'E(P1&Srr- 4,47 (P1&Srr) o '" '" N '", '" .0 N RETAINED LANDS AREA 3.608 ACRES AREA 1.460 HECTARES ! PROPOSED SEVERANCE ~- AREA 0.8093 ACRES J AREA 0.3275 HECTARES OJ '0 '" N in '" PART 1 51 R - 29252 PIN 58523-07 66(L T) N [~RP0"" ~ GARAGE ~ I 'r39'05 ,d]/,1 117,70' ~~, " / CJ:"DOOS9..ED ;., ci ~ 8,7' ;::: ~Ll LOT 12 '" N59'30'30"E WOOD ~h,n- CLAD SH~ ~ 121.90' --- WOOD CLAD PUMP - HOUSE ., \l' ..~' ~~Ll .; ~ 5~ ,0').' o I . ---- ---- ......-::~,;s ~~; /' ~~~ 2 / d~) 1 1/2 STOREY WOOD CLAC' DWElliNG No. 4910 z o U) U) w U Z o u 11B,B5' 58523-0770(U) 518(035) ~W1T) \~ , 1B,B'(M) \ " ~' '(P2) , \ \ I \ ~"6'6" ~,j;:oo, ~Iy(""< ~.(,-) "'-., ........<6., i=-'AI< I 'I .. '&"i; 5 'I R - 1 77 1 0 ~.(,-<., <. ... fi, PIN 58523-0167(L~) GTCH FOR SEVERENCE PART OF LOT 12, CONCESSION 8 tAPHIC TOWNSHIP OF MEDONTE NOW IN THE ~SHIP OF ORO-MEDONTE COUNTY OF SIMCOE 25 l 50 I .00 I 200 FEET I SCALE l"c50 ' APRIL 25, 2002 h:: ~ ..... rtNCt (,Q I.1S'E.<$1 C\i c:J I "'J C\i ~ li) ~ Q \ Ig ~.o '" N' \,oJ \.P"", u '" ~ rJ y 2 :0 2 i "0 .; .. .. FROM 51 WATER' POINT BEAR 1 N49', 2 N4S"' 3 N39'1 4 N39'~ 5 N43' 6 N51', 7 N5S', B N63' 9 N72' 10 N7T 11 NS2' 12 N75' 13 N79' 14 N7S' 15 NBO' 16 NB4' 17 NET 1B NB3' 19 NB3' 20 NS2 21 NB3 22 N85 23 NB9 24 NB7 S' ~ !?:- "0 '" <Xi N '" 'N '" 0:> P ~ ,... '" aJ \ Joj.5B'37'''5~P2.P)&S(T} \ 1.00 P3&M) S18( 1390) -=r:1j ~ \ - PART 1 \"'S IS' "'-':I -':I 5 1 R - 1 77 1 0 \ gjg, ;;', _-----II N 18(1.390) \.,.... ~ Q~ S: