AGENDA Council Meeting Monday, February 13, 2017 Council Chambers 7:00 PM Page O' CANADA MOMENT OF SILENT REFLECTION AWARDS AND RECOGNITIONS

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1 AGENDA Council Meeting Monday, February 13, 2017 Council Chambers 7:00 PM Page O' CANADA MOMENT OF SILENT REFLECTION AWARDS AND RECOGNITIONS CONFIRMATION OF AGENDA DISCLOSURES OF PECUNIARY INTEREST ADOPTION OF COUNCIL MINUTES Council Meeting January 16, COMMUNICATIONS DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION DEPUTATIONS REQUIRING STATUTORY OR PUBLIC MEETING DEPUTATIONS RELATING TO NEW MATTERS D-1 EMILY MCINTOSH, EXECUTIVE DIRECTOR, CONTACT COMMUNITY SERVICES Re: 20,000 Homes Campaign in Simcoe County Correspondence received February 6th, D-2 JODY LEVAC, PRESIDENT & CEO, STEVENSON MEMORIAL HOSPITAL Re: Hospital Fundraiser Page 1 of 123

2 ITEMS FOR CONSIDERATION 1. COMMITTEE OF THE WHOLE MEETING Committee of the Whole Meeting Report - February 6, CW-1 COUNCIL ITEMS (1) WOMEN'S INSTITUTE WEEK ACT, 1999 (BILL 26) (2) CITY OF BARRIE RESOLUTION 16-G-298 SEEKING SUPPORT RE: SHORTAGE OF JUDICIAL RESOURCES FOR PROVINCIAL OFFENCES ACT COURT SERVICES (3) WARD BOUNDARY REVIEW (4) DIRECTOR OF HUMAN RESOURCES - POSITION VACANCY CW-2 COMMITTEE, BOARD AND TASK FORCE SUMMARIES (1) ACCESSIBILITY ADVISORY COMMITTEE (2) HERITAGE NEW TECUMSETH ADVISORY COMMITTEE (3) ALLISTON MEMORIAL ARENA UPGRADES TASK FORCE CW-3 OFFICE OF THE CAO CW-4 CORPORATE SERVICES (1) REQUEST FOR EXEMPTION FROM NOISE CONTROL BY-LAW NO KATRINA BOISCLAIR CENTRE STREET NORTH, BEETON TOWN OF NEW TECUMSETH (2) VOTING METHODS Refer to By-law No (3) BELL CANADA LONG DISTANCE CALLING WITHIN THE TOWN OF NEW TECUMSETH Page 2 of 123

3 (4) 2017 DESIGNATION OF MUNICIPALLY SIGNIFICANT EVENTS (5) SIR FREDERICK BANTING LEGACY FOUNDATION REQUEST TO TERMINATE EXISTING LEASE AGREEMENT & OPERATIONS AGREEMENT (6) DEVELOPMENT CHARGES BACKGROUND STUDY UPDATE (7) COUNCIL CHEQUE SUMMARY REPORT DECEMBER 2016 CW-5 DEVELOPMENT AND INFRASTRUCTURE SERVICES (1) AWARD OF RFP P16-23 ARCHITECTURAL AND ENGINEERING SERVICES 25 ALBERT STREET WEST, ALLISTON Refer to By-law No (2) SITE PLAN AGREEMENT - D11-AL-144 MULTI-DWELLING UNITS 275 VICTORIA STREET EAST, ALLISTON Refer to By-law No (3) BY-LAW UPDATE - COMMUNITY SAFETY ZONES, SPEED LIMITS AND STOP SIGNS AND PARKING RESTRICTIONS Refer to By-law Nos , & (4) SIDEROAD 15 AND 5TH LINE INTERSECTION STOP SIGN VISIBILITY & COMPLIANCE (5) PROPOSED SPEED ZONE CHANGE HIGHWAY 89 / SIDEROAD 10 Refer to By-law No (6) RELEASE OF MUNICIPAL EASEMENT 47 AND 73 FLETCHER CRESCENT Refer to By-law No (7) SITE PLAN AGREEMENT - D11-BE ONTARIO LIMITED COMMERCIAL/RESIDENTIAL REDEVELOPMENT 34 MAIN STREET WEST, BEETON Refer to By-law No Page 3 of 123

4 (8) PART LOT CONTROL APPLICATION TREETOPS SUBDIVISION BROOKFIELD HOMES BLOCKS 272, 273, 280 & 281, PLAN 51M-1046 SETTLEMENT OF ALLISTON FILE NO. PLC Refer to By-law No (9) PART LOT CONTROL APPLICATION BROOKFIELD HOMES (ONTARIO) LIMITED WILLOW GLEN SUBDIVISION LOTS 95, 96, 100, 101, 107, 111 & 124 PLAN 51M-1077, TOTTENHAM FILE NO.: PLC Refer to By-law No (10) EXTENSION TO DRAFT PLAN APPROVAL BIG COUNTRY NORTH, BIG COUNTRY SOUTH BANDIERA AND ZENTENA (ALLIANCE HOMES) PART LOTS 8 AND 9, CONCESSION 8 COMMUNITY OF BEETON OMB CASE FILE NO. PL (11) EXTENSION TO DRAFT PLAN APPROVAL REQUEST HONEY HILL SUBDIVISION 6314 ALLISTON DEVELOPMENTS INC TH LINE SETTLEMENT OF ALLISTON FILE NO. NT-T-0904 (12) ALLISTON AND TOTTENHAM TENNIS CLUB AGREEMENTS Refer to By-law Nos & (13) CANADA 150 COMMUNITY INFRASTRUCTURE PROGRAM - INTAKE TWO APPROVAL Refer to By-law No COMMITTEE OF THE WHOLE CLOSED MEETING Committee of the Whole Closed Meeting Report - February 6, CS-1 UNSOLICITED OFFER TO PURCHASE TOWN PROPERTY INTERSECTION OF THE 10TH SIDEROAD AND HIGHWAY 89 PART 4, REGISTERED PLAN 51R Page 4 of 123

5 CS-2 STATUS UPDATE WHAT'S THE SCOOP ICE CREAM 5 DOWNEY AVENUE, ALLISTON BY-LAWS A by-law to authorize the signing and execution of an agreement to provide architectural and engineering services for the repurposing of the Town s lands at 25 Albert Street West in the community of Alliston By-law A by-law to authorize the signing and execution of a Site Plan Agreement with Bernd Schwarze By-law A by-law to amend Schedule A of By-law being the Community Safety Zones By-law By-law A by-law to amend Schedule A of By-law being the Speed Limit By-law By-law A by-law to amend Schedule A and Schedule E of Bylaw being the Parking and Traffic By-law By-law A by-law to amend Schedule A of By-law being the Speed Limit By-law By-law A by-law to authorize the release and abandonment of an easement registered on 47 and 73 Fletcher Crescent, Alliston By-law A by-law to authorize the signing and execution of a Site Plan Agreement with Ontario Limited By-law A by-law to remove part lot control from a block on a registered plan of subdivision in the Town of New Tecumseth By-law Page 5 of 123

6 A by-law to remove part lot control from a block on a registered plan of subdivision in the Town of New Tecumseth By-law A by-law to authorize the signing and execution of a five (5) year operating agreement with the Alliston Tennis Club By-law A by-law to authorize the signing and execution of a five (5) year operating agreement with the Tottenham Tennis Club By-law A by-law to authorize the signing and execution of a Contribution Agreement for the Canada 150 Community Infrastructure Program, Intake 2 By-law A by-law to authorize the use of optical scanning vote tabulators (optical scan ballot tabulators) By-law GENERAL INFORMATION / ANNOUNCEMENTS PUBLIC NOTICE CONFIRMING BY-LAW ADJOURNMENT Page 6 of 123

7 COUNCIL MINUTES Monday, January 16, 2017 A Council Meeting was held at 7:00 p.m. on Monday, January 16, 2017 in the Council Chambers, 10 Wellington Street East, Alliston, Ontario. COUNCIL PRESENT: COUNCIL ABSENT: Mayor R. Milne Deputy Mayor J. Smith Councillor M. Beattie Councillor M. Biss Councillor S. Harrison McIntyre Councillor D. Jebb Councillor R. Norcross Councillor C. Ross Councillor F. Sainsbury Councillor P. Whiteside Nil. O' CANADA The National Anthem was performed by Olivia Cacciola. AWARDS AND RECOGNITIONS Nil. CONFIRMATION OF AGENDA Moved by Councillor Jebb Seconded by Councillor Whiteside BE IT RESOLVED THAT the agenda for the Council Meeting held on January 16, 2017 be confirmed as circulated. CARRIED. DISCLOSURES OF PECUNIARY INTEREST Councillor Beattie declared a pecuniary interest with respect to item WS-1(1) on the Committee of the Whole Working Session Report dated November 28, 2016, the portion of the budget pertaining to Report #CAO , Community Transportation Program as he is employed by CLASS. Page 1 of 11 Page 7 of 123

8 Council Meeting January 16, 2017 Councillor Jebb declared a pecuniary interest with respect to item WS-2 on the Committee of the Whole Working Session Report dated December 12, 2016, the portion of the 2017 Arts, Culture and Tourism Grant Program Applications with regard to the Gibson Centre as her family is involved with the Centre. Councillor Biss declared a pecuniary interest with respect to item CW-5(6) on the Committee of the Whole Meeting Report dated January 9, 2017, Trans Canada Trails (TCT) Project, Phase 2D (13th Line to 20th Sideroad), Award of Tender T16-41 and By-law No as a family member is in this business and submitted a bid for this project. ADOPTION OF COUNCIL MINUTES Moved by Councillor Norcross Seconded by Councillor Beattie BE IT RESOLVED THAT the minutes of the Council Meeting of December 12, 2016 be adopted as circulated. CARRIED. COMMUNICATIONS Nil. DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION The following items were identified for separate discussion: item WS-1(1) on the Committee of the Whole Working Session Report dated November 28, 2016, item WS-2 on the Committee of the Whole Working Session Report dated December 12, 2016, items CW4(2), CW-5(6) and CW-5(9) on the Committee of the Whole Report dated January 9, 2017 and By-law No on the Council Meeting Agenda dated January 16, ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Whiteside Seconded by Councillor Sainsbury BE IT RESOLVED THAT items WS-1(1) to WS-1(2) on the Committee of the Whole Working Session Report dated November 28, 2016, with the exception of those items identified for separate discussion, be approved and the recommendations therein be adopted; Page 2 of 11 Page 8 of 123

9 Council Meeting January 16, 2017 BE IT RESOLVED THAT items WS-1(1) to WS-1(3) on the Committee of the Whole Working Session Report dated December 5, 2016 be approved and the recommendations therein be adopted; BE IT RESOLVED THAT items WS-1 to WS-2 on the Committee of the Whole Budget Public Input Session Report dated December 8, 2016 be approved and the recommendations therein be adopted; BE IT RESOLVED THAT items WS-1 to WS-3 on the Committee of the Whole Working Session Report dated December 12, 2016, with the exception of those items identified for separate discussion, be approved and the recommendations therein be adopted; AND FURTHER THAT items CW-1 to CW-5 on the Committee of the Whole Meeting Report dated January 9, 2017, with the exception of those items identified for separate discussion, be approved and recommendations therein be adopted. CARRIED. DEPUTATIONS REQUIRING STATUTORY OR PUBLIC MEETING Nil. DEPUTATIONS RELATING TO NEW MATTERS D-1 EMILY MCINTOSH, EXECUTIVE DIRECTOR, CONTACT COMMUNITY SERVICES Re: Recycled Inspirations - Seniors Crafting Moved by Councillor Beattie Seconded by Councillor Norcross BE IT RESOLVED THAT the deputation of Emily McIntosh, Executive Director, CONTACT Community Services be received; AND FURTHER THAT an Arts, Culture and Tourism Grant in the amount of $9, be approved for the CONTACT Community Services, Recycled Inspirations - Seniors Crafting Program. CARRIED. Page 3 of 11 Page 9 of 123

10 Council Meeting January 16, 2017 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Committee of the Whole Working Session Report dated November 28, 2016 WS-1 DRAFT 2017 TOWN BUDGET (1) STAFF REPORT, FINANCE DEPARTMENT Moved by Councillor Jebb Seconded by Councillor Biss BE IT RESOLVED THAT Report #FIN be received; AND FURTHER THAT the verbal reports of the Treasurer/Director of Finance and the General Manager of Corporate Services/CFO be received; AND FURTHER THAT the draft 2017 Town Budget as prepared by the Management Team be received; AND FURTHER THAT staff be directed to review contract staff required for the Parks, Recreation and Culture Department for grass cutting and report back to a Committee of the Whole Working Session. CARRIED. Councillor Beattie declared a pecuniary interest with respect to item WS-1(1), the portion of the budget pertaining to Report #CAO , Community Transportation Program. He did not participate in the discussion or vote on the matter Moved by Councillor Whiteside Seconded by Councillor Jebb BE IT RESOLVED THAT the Community Living Association for South Simcoe (C.L.A.S.S.) and Children's Treatment Network (C.T.N.) facilities be included in the eligible trip criteria for the Town's Community Transportation Program. CARRIED. Committee of the Whole Working Session dated December 12, 2016 WS ARTS, CULTURE AND TOURISM COMMUNITY GRANT PROGRAM APPLICATIONS Page 4 of 11 Page 10 of 123

11 Council Meeting January 16, Moved by Councillor Ross Seconded by Councillor Sainsbury BE IT RESOLVED THAT Report #PRC be received; AND FURTHER THAT the deputations of Jenny Fortin, Executive Director of the Gibson Centre and Charles Cooper, Treasurer of the South Simcoe Arts Council be received; AND FURTHER THAT the 2017 Budget Information received from the South Simcoe Railway Heritage Corporation with regard to their 2017 Arts, Culture and Tourism Community Grant Program Application 2017 be received; AND FURTHER THAT the following Arts, Culture and Tourism Grant be approved: South Simcoe Arts Council - $25, CARRIED Moved by Councillor Ross Seconded by Councillor Sainsbury BE IT RESOLVED THAT the following Arts, Culture and Tourism Grant be approved: South Simcoe Railway Heritage Corporation - $20, CARRIED Moved by Councillor Sainsbury Seconded by Councillor Whiteside BE IT RESOLVED THAT the following Arts, Culture and Tourism Grant be approved: Sir Frederick Banting Legacy Foundation - $20, CARRIED. Councillor Jebb declared a pecuniary interest with respect to item WS-2, the portion of the 2017 Arts, Culture and Tourism Grant Program Applications with regard to the Gibson Centre. She did not participate in the discussion or vote on the matter Moved by Councillor Sainsbury Seconded by Councillor Beattie Page 5 of 11 Page 11 of 123

12 Council Meeting January 16, 2017 BE IT RESOLVED THAT the following Arts, Culture and Tourism Grant be approved: Gibson Centre - $25, CARRIED. Committee of the Whole Meeting Report dated January 9, 2017 CW-4 CORPORATE SERVICES (2) 2017 DRAFT TOWN, WATER AND WASTEWATER BUDGETS Moved by Councillor Whiteside Seconded by Councillor Harrison McIntyre BE IT RESOLVED THAT Report #FIN be received; AND FURTHER THAT the deputations of David Sadleir, President, Sir Frederick Banting Legacy Foundation and Mike Jerry, Chair, Alliston Business Improvement Area be received; AND FURTHER THAT Capital Project Detail Sheet # in the amount of $180,200 for Church Street North Design be funded from development charges and included in the 2017 Town Budget; AND FURTHER THAT Capital Project Detail Sheet # , Dominion Street Paving (Church Street to Centre Street in the amount of $50,400 for Dominion Street (Church Street to Centre Street) only, be funded from the Asset Replacement Reserve and included in the 2017 Town Budget; AND FURTHER THAT Capital Project Detail Sheet # , 20th Sideroad/15th Line Streetlight in the amount of $16,800 be funded from taxation and included in the 2017 Town budget; AND FURTHER THAT the net profit of the Hornet s Nest be increased by $109,125 and that the supplementary taxes be increased by $395,000 and both items be included in the 2017 Town Budget and that the $395,000 be transferred to a new Administration Centre Reserve; AND FURTHER THAT Capital Project Detail Sheet # , War Memorial Bench Donation to the Alliston, Beeton and Tottenham Legions in the amount of $6,200 be funded by taxation and included in the 2017 Town Budget; Page 6 of 11 Page 12 of 123

13 Council Meeting January 16, 2017 AND FURTHER THAT staff be directed to remove Capital Project Detail Sheets # , Flato Park Development (East Beeton), and # , Flato Park Development (West Beeton), from the Town Budget package; AND FURTHER THAT Capital Project Detail Sheet # , Stewart Street Park, Beeton Off Leash Dog Park Addition, Phase One only, in the amount of $76,830 be included in the 2017 Town Budget and funded from the cash in lieu of the Parkland Reserve; AND FURTHER THAT Capital Project Detail Sheet # , Roads Improvement Program 15th Sideroad 5th Line to 10th Line Subcontracting, that the 15th Sideroad from the 7th Line to the 8th Line in the amount of $301,400 not be included in the 2017 Town Budget and that the funds retained in the Gas Tax Reserve be utilized for smaller road projects; CARRIED Moved by Councillor Harrison McIntyre Seconded by Councillor Beattie BE IT RESOLVED THAT a budget of $5,000 for the Youth Advisory Committee be funded from the Mayor's Charity Event Reserve and included in the 2017 Town budget. CARRIED Moved by Councillor Harrison McIntyre Seconded by Councillor Sainsbury BE IT RESOLVED THAT staff be directed to draft a Request for Proposal for a Heritage District study for the identified areas of Beeton and that $40, be transferred from the tax rate stabilization reserve to be used as a funding source; AND FURTHER THAT the utilization of university students be considered to subsidize the cost of the study. CARRIED Moved by Councillor Whiteside Seconded by Councillor Biss AND FURTHER THAT the Draft 2017 Operating and Capital Budgets for the Town of New Tecumseth with a net tax levy amount of $29,514,552 with transfers to/from reserves that are included in the Operating and Capital Page 7 of 11 Page 13 of 123

14 Budgets, that incorporate recommendations from the budget working sessions, as amended be approved; Council Meeting January 16, 2017 AND FURTHER THAT the estimated total property taxes increase on an average home in New Tecumseth based on a blended rate, that has an assessed value of $345,791, by $93.43 or 2.74% as amended; AND FURTHER THAT the CAO and Treasurer be authorized to make in-year Budget adjustments, as required during the fiscal year, with no impact on the approved 2017 taxation levy; AND FURTHER THAT Council adopt the report regarding excluded expenses as set out in Report #FIN , in accordance with Ontario regulation 284/09 regarding the impact of expenses not included in the Draft 2017 Budget; AND FURTHER THAT the 2017 Tax Levying By-law for the Town of New Tecumseth be brought forward to Council once the County of Simcoe has established their 2017 tax rates and ratios/related policies and the Province has provided the education rates, which will then allow the calculation of the 2017 Municipal tax rates. CARRIED Moved by Councillor Whiteside Seconded by Councillor Biss BE IT RESOLVED THAT the necessary amendment to the Fees and Charges By-Law to adopt the 2017 Water and Wastewater rates be brought forward to Council for approval. CARRIED. CW-5 DEVELOPMENT AND INFRASTRUCTURE SERVICES (6) TRANS CANADA TRAILS (TCT) PROJECT PHASE 2D (13TH LINE to 20th SIDEROAD) AWARD OF TENDER T16-41 Councillor Biss declared a pecuniary interest with respect to item CW-5(6). Councillor Biss did not participate in the discussion or vote on the matter Moved by Councillor Sainsbury Seconded by Councillor Ross Page 8 of 11 Page 14 of 123

15 Council Meeting January 16, 2017 BE IT RESOLVED THAT Report #PRC be received; AND FURTHER THAT the Trans Canada Trail Phase 2D (13th Line to 20th Sideroad) construction project, which includes the Phase 2D Summary of Landowners Measures, substantially in the form as attached to Report #PRC , be awarded to the lowest bidder TDI International Ag Inc dba Eco Blue Systems in the amount of $326,077.40, plus applicable taxes; AND FURTHER THAT a 20% contingency in the amount of $65,215 be approved within which the Director of Parks, Recreation and Culture or designate is authorized to approve amendments to the scope of the work; AND FURTHER THAT any further changes to the costs associated with the alignment of the Trans Canada Trail through the Edwards' property be funded through the approved 2017 Capital Budget carry forward sheet # CARRIED. (9) NAMING RIGHTS FOR THE NEW TECUMSETH RECREATION CENTRE Moved by Councillor Whiteside Seconded by Councillor Biss BE IT RESOLVED THAT Report #PRC be received; AND FURTHER THAT the proposal from Flato Development Inc. not be accepted until an open and public process is established to consider the proposal and the Revenue Generation Task Force is appointed; AND FURTHER THAT staff be directed to provide recommendations to create a Revenue Generation Task Force and terms of reference that allow the Task Force to investigate options to generate revenue from sources other than taxation and resident user fees; AND FURTHER THAT the Task Force will be comprised of three (3) members of Council and three (3) residents of New Tecumseth who have a background in business, fund raising and community involvement. CARRIED. BY-LAWS Moved by Councillor Whiteside Seconded by Councillor Harrison McIntyre Page 9 of 11 Page 15 of 123

16 Council Meeting January 16, 2017 BE IT RESOLVED THAT the following by-laws be read a First, Second and Third time and enacted: CARRIED A by-law to authorize the borrowing of $5,000, A by-law to authorize an interim levy prior to the adoption of the estimates for the year 2017 and to establish date(s) for payment of taxes A by-law to amend By-law No being the Fees and Charges By-law A by-law to authorize the signing and execution of an engineering services contract with regard to the Part II Order Water Supply, Distribution and Storage Master Plan Municipal Class Environmental Assessment A by-law to authorize the signing and execution of an agreement with Todd and Kelli Edwards to permit the Edwards to use a portion of the Abandoned Rail Corridor and the Town to utilize a portion of the Edwards property for the Trans Canada Trail Councillor Biss declared a pecuniary interest with respect to By-law No Councillor Biss did not participate in the discussion or vote on the by-law Moved by Councillor Harrison McIntyre Seconded by Councillor Beattie BE IT RESOLVED THAT the following by-law be read a First, Second and Third time and enacted: CARRIED A by-law to authorize the signing and execution of an agreement with TDI International AG Inc dba Eco Blue Systems to construct Phase 2D of the Trans Canada Trail Page 10 of 11 Page 16 of 123

17 Council Meeting January 16, 2017 GENERAL INFORMATION / ANNOUNCEMENTS The following information was discussed: the 'Bootcamp for Sarah' Fundraiser, St. Paul's Catholic Church Blood Donor Clinic, 'Tottenhug' at the Tottenham Legion, and the 120th Anniversary of the Women's Institute. PUBLIC NOTICE Nil. CONFIRMING BY-LAW Moved by Councillor Jebb Seconded by Councillor Biss BE IT RESOLVED THAT a by-law to confirm the proceeding of Council at its meeting on January 16, 2016 be read a First, Second and Third time and enacted CARRIED. ADJOURNMENT Moved by Councillor Jebb Seconded by Councillor Ross BE IT RESOLVED THAT the meeting adjourn at 7:55 p.m. CARRIED. Mayor Clerk Page 11 of 11 Page 17 of 123

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19 Request for Deputation Clerk s/administration Services Administration Centre 10 Wellington St. E. Alliston, Ontario L9R 1A1 Request for deputation must be submitted to the Clerk s Department by 4:30 on the Wednesday prior to the requested meeting. PLEASE PRINT Council Meeting date: Monday, February 13, 2017 Subject: 20,000 Homes Campaign in Simcoe County Your name: Sara Peddle, Chair of the Simcoe County Alliance to End Homelessness, Irena Pozgaj- Jones, Program Supervisor, Community and Program Development, County of Simcoe, and Emily McIntosh, Executive Director, CONTACT Community Services Address: 39 Victoria St. E, Alliston, ON, L8R 1W1 Phone number during the day: ext 202 address: emily@contactsouthsimcoe.ca Name of group or person(s) being represented (if applicable): Simcoe County Alliance to End Homelessness Short summary of your deputation including the gist of your deputation, but to be no more than one 8 ½ x 11 standard sheet of paper in accordance with the Procedure By-law (you may attach your sheet separately if necessary). Summary of the 20,000 Homes Campaign in Simcoe County, including community engagement, local results, and next steps.. Presentation Requirements: Presentations using PowerPoint or other electronic media must be submitted to the Clerk s Department on the Friday prior to the meeting. This Request for Deputation form is a public document. Page 19 of 123

20 Clerk s/administration Services Administration Centre 10 Wellington St. E. Alliston, Ontario L9R 1A1 Please be advised that your deputation may be recorded in video and/or audio format and subject to media release and on the internet. Personal information on this form will be used for purposes of sending correspondence relating to matters before Council and Council-In-Committee. Your name, address, comments and any other personal information, is collected and maintained for the purpose of creating a report that is available to the general public in a hard copy format and on the internet in an electronic format pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, C.M 56, as amended. The applicant may request the removal of his or her personal information when submitting this form. Questions about this collection should be directed to Clerk s/administration Services. VISIT OUR WEBSITE AT Page 20 of 123

21 COMMITTEE OF THE WHOLE MEETING REPORT Monday, February 6, 2017 For Consideration by the Council of the Town of New Tecumseth on February 13, 2017 The Committee of the Whole Meeting was held at 7:00 p.m. on Monday, February 6, 2017 in the Council Chambers, 10 Wellington Street East, Alliston, Ontario. COUNCIL PRESENT: COUNCIL ABSENT: Mayor R. Milne Deputy Mayor J. Smith Councillor M. Beattie Councillor M. Biss Councillor S. Harrison McIntyre Councillor C. Ross Councillor F. Sainsbury Councillor P. Whiteside Councillor D. Jebb Councillor R. Norcross AWARDS AND RECOGNITIONS Councillor Sainsbury congratulated staff member Thomas Robinson for his recent Associate Road Supervisor certification as provided by the Association of Ontario Road Supervisors. CONFIRMATION OF AGENDA There were no additions or deletions. DISCLOSURES OF PECUNIARY INTEREST Nil. COMMITTEE OF THE WHOLE ITEMS CW-1 COUNCIL ITEMS (1) WOMEN'S INSTITUTE WEEK ACT, 1999 (BILL 26) The Committee of the Whole recommends: That correspondence from the Tec We Gwill Women s Institute sent by on January 16, 2017 with regard to the Women s Institute Week Act, 1999 be received; Page 1 of 16 Page 21 of 123

22 Committee of the Whole Meeting February 6, 2017 And whereas the Legislative Assembly of Ontario passed Bill 26, the Women s Institute Week Act, 1999 to designate a week of recognition for the Women s Institute; And whereas the Act states the week beginning on the third Monday in February in each year is proclaimed as Women s Institute Week; And further that the Mayor and Council declare the week of February 20 to 26, 2017 Women s Institute Week; And further that representatives from the Tec We Gwill Women s Institute be invited to attend on Wednesday, February 22, 2017 to participate in raising the Federated Women s Institute of Ontario (FWIO) Flag at the Town office. (2) CITY OF BARRIE RESOLUTION 16-G-298 SEEKING SUPPORT RE: SHORTAGE OF JUDICIAL RESOURCES FOR PROVINCIAL OFFENCES ACT COURT SERVICES The Committee of the Whole recommends: Whereas the administration of the Provincial Offences operations for the Barrie and Orillia Court Service Areas represent all of the municipalities within the geographic boundaries of Simcoe County including the Town of New Tecumseth; And whereas adequate judicial resources are critical to support services within the Provincial Offences courts for the Barrie and Orillia Court Services Areas and the loss of court time negatively impacts the enforcement of Provincial Offences such as offences related to environmental protection, worker safety, public health, fire prevention, building safety, consumer protection and traffic safety; And whereas available judicial resources in Central East Region, the Barrie and Orillia Court Service Areas, are at 67% of the approved complement and this does not take into consideration the loss of resources related to illnesses, vacations, bereavement days or required judicial office days; And whereas recruitment efforts for eight new Justices of the Peace are currently underway for the Central East Region but not expected to yield results until 2018; Be it resolved that the Town of New Tecumseth is in support of Resolution 16-G-298 adopted by the Council of the Corporation of the City of Barrie; Page 2 of 16 Page 22 of 123

23 Committee of the Whole Meeting February 6, 2017 And further that a letter be sent to the Premier and the Ministry of the Attorney General requesting that the Ministry immediately provide additional Justices of the Peace in the Central East Region, particularly Barrie and Orillia Court Services Areas to ensure timely access to justice with respect to Provincial Offences Act administration; And further that a copy of the letter be sent to the Association of Municipalities of Ontario, Jim Wilson, Member of Provincial Parliament, Regional Senior Justice of the Peace, Brian Norton and the City of Barrie. (3) WARD BOUNDARY REVIEW The Committee of the Whole recommends: That the member s request from Councillor Ross that the process be discussed with regard to the ward boundary review to be conducted by Council in accordance with the motion adopted on October 17, 2016 be received; And further that a Committee of the Whole Working Session be scheduled on April 10, 2017 at 10:00 a.m. in the Council Chambers to proceed with the ward boundary review; And further that the ward boundary review confirm the four (4) major principles: 1. Representation by population 2. Representation of communities of interest and neighbourhoods 3. Recognition of distinct geographic and infrastructure elements 4. Recognition of population trends and future population growth And further that the current ward configuration be accepted subject to balancing of population; And further that a moderator not be utilized to assist with the ward boundary review process. (4) DIRECTOR OF HUMAN RESOURCES - POSITION VACANCY The Committee of the Whole recommends: That the member s request from Councillor Norcross that the Director of Human Resources position vacancy be discussed at the Committee of the Whole Meeting of February 6, 2017 to allow for members of Council to seek information and ask any questions they may have with regard to the position prior to it being filled be received. Page 3 of 16 Page 23 of 123

24 Committee of the Whole Meeting February 6, 2017 CW-2 COMMITTEE, BOARD AND TASK FORCE SUMMARIES (1) ACCESSIBILITY ADVISORY COMMITTEE The Committee of the Whole recommends: That the Accessibility Advisory Committee Summary Report of January 18th, 2017 be received. (2) HERITAGE NEW TECUMSETH ADVISORY COMMITTEE The Committee of the Whole recommends: That the Heritage New Tecumseth Advisory Committee Summary Report of January 24th, 2017 be received. (3) ALLISTON MEMORIAL ARENA UPGRADES TASK FORCE The Committee of the Whole recommends: That the Alliston Memorial Arena Upgrades Task Force Summary Report of January 26th, 2017 be received. Recommendation 1: That the delegation of Mr. Carlo Carlucci, New Tecumseth Ball Hockey, regarding the Allison Arena, be received; And further that staff continue to investigate various options for the heating and air conditioning for the Alliston Memorial Arena for consideration in the 2018 Budget; And further that this project remain as the priority improvement project identified in the facility assessment which was completed in Recommendation 2: That the Parks, Recreation and Culture Department provide the Alliston Memorial Task Force Upgrades Task Force an update of surcharge and donations as an item for each agenda. Page 4 of 16 Page 24 of 123

25 Committee of the Whole Meeting February 6, 2017 Recommendation 3: That the Manager of Recreation & Culture as well as the Supervisor of Events & Hospitality of the Parks, Recreation and Culture Department be invited to the next Task Force meeting to provide an update on the business plan for the Canteen at the Arena; And further that the Communications Coordinator be invited to attend to discuss the process on future announcements of achieved completed projects at the Alliston Memorial Arena. CW-4 CORPORATE SERVICES (1) REQUEST FOR EXEMPTION FROM NOISE CONTROL BY-LAW NO KATRINA BOISCLAIR CENTRE STREET NORTH, BEETON TOWN OF NEW TECUMSETH The Committee of the Whole recommends: That Report #ADMIN be received; And further that the request for an exemption from the Noise Control By-law No received from Katrina Boisclair, Centre Street North Beeton, Town of New Tecumseth for a wedding event to be held on Saturday, September 9, 2017 at 3:00 p.m. to Sunday, September 10, 2017 at 1:00 a.m. be approved. (2) VOTING METHODS The Committee of the Whole recommends: That Report #ADMIN be received; And further that Voting Method No. 1, Traditional Paper Ballot with Vote Tabulators (Status Quo), be approved to be utilized for the 2018 Municipal Elections. (3) BELL CANADA LONG DISTANCE CALLING WITHIN THE TOWN OF NEW TECUMSETH The Committee of the Whole recommends: That Report #ADMIN be received. Page 5 of 16 Page 25 of 123

26 Committee of the Whole Meeting February 6, 2017 (4) 2017 DESIGNATION OF MUNICIPALLY SIGNIFICANT EVENTS The Committee of the Whole recommends: That Report #ADMIN be received; And further that the events outlined in Attachment #1 to Report #ADMIN be approved and designated as events of Municipal Significance to facilitate organizations and groups in obtaining Special Occasion Permits for a Provincial Liquor License; And further that the Clerk/Director of Administration Services or designate be authorized to issue letters of approval with respect to Provincial Liquor Licenses to the groups and organizations as outlined in Attachment #1 to Report #ADMIN (5) SIR FREDERICK BANTING LEGACY FOUNDATION REQUEST TO TERMINATE EXISTING LEASE AGREEMENT & OPERATIONS AGREEMENT The Committee of the Whole recommends: That Report #ADMIN be received; And further that correspondence from David Sadlier on behalf of the Sir Frederick Banting Legacy Foundation (SFBLF), dated December 28, 2016, with regard to a request from the Board of Directors of the SFBLF to terminate the Foundation's existing Lease Agreement and Operations Agreement with the Town of New Tecumseth and replace the two (2) agreements with one (1) proposed draft Services Agreement be received; And further that a Committee of the Whole Working Session be scheduled to discuss the Town's position with regard to the correspondence received from the Sir Frederick Banting Legacy Foundation. (6) DEVELOPMENT CHARGES BACKGROUND STUDY UPDATE The Committee of the Whole recommends: That Report #FIN be received; And further that in accordance with the Purchasing Policy sole source provisions, Hemson Consulting Ltd., be approved to prepare a Development Charges (DC) Background Study as part of the public process to enact a new DC by-law for the Town. Page 6 of 16 Page 26 of 123

27 Committee of the Whole Meeting February 6, 2017 (7) COUNCIL CHEQUE SUMMARY REPORT - DECEMBER 2016 The Committee of the Whole recommends: That Report #FIN be received. CW-5 DEVELOPMENT AND INFRASTRUCTURE SERVICES (1) AWARD OF RFP P16-23 ARCHITECTURAL AND ENGINEERING SERVICES 25 ALBERT STREET WEST, ALLISTON The Committee of the Whole recommends: That Report #DCAO be received; And further that Proposal P16-23 Architectural and Engineering Services 25 Albert Street West, Alliston be awarded to +VG Architects, The Ventin Group LTD., for the upset fee of $171, plus HST, for phases 1 to 5 and final design based on the percentage outlined in the proposal which is dependent on the construction cost of the project, in accordance with their proposal dated December 16, 2016; And further that the additional survey and study fees identified in Report #DCAO in the amount of $17, plus HST be approved to support the repurposing of the site; And further that a project contingency allowance in the amount of $15, be approved for the project within which the Deputy CAO or his designate is authorized to approve amendments to the scope of work; And further that the necessary by-law be enacted authorizing the Mayor and Clerk to sign the appropriate documents respecting Proposal P16-23; And further that the necessary funds be taken from the New Administration Centre Reserve for Phase I to V of the project and the funding for Phase VI be determined at a future date. (2) SITE PLAN AGREEMENT - D11-AL-144 MULTI-DWELLING UNITS 275 VICTORIA STREET EAST, ALLISTON The Committee of the Whole recommends: Page 7 of 16 Page 27 of 123

28 Committee of the Whole Meeting February 6, 2017 That Report #ENG be received; And further that the necessary by-law be enacted to authorize the Mayor and Clerk to execute the Site Plan Agreement with Bernd Schwarze to establish an existing multi-dwelling unit located at 275 Victoria Street East, in the Community of Alliston, substantially in the form of Attachment No. 3 to Report #ENG , all subject to the Town Solicitor's clearance. (3) BY-LAW UPDATE - COMMUNITY SAFETY ZONES, SPEED LIMITS AND STOP SIGNS AND PARKING RESTRICTIONS The Committee of the Whole recommends: That Report #ENG be received; And further that Schedule A of By-Law (Community Safety Zones By-Law) be amended to add the following: Tottenham Column 2 Column 3 Column 4 Column 5 Highway From To Effective Hours and Days Effective Months Sharpe Crescent Turner Drive Pierce Place Proctor Gate Sharpe Crescent McGahey Street Weaver Terrace Weaver Terrace Northern limit of Pierce Place 12:00 a.m. to 12:00 a.m. 12:00 a.m. to 12:00 a.m. 12:00 a.m. to 12:00 a.m. January 1 to December 31 January 1 to December 31 January 1 to December 31 And further that Schedule A of By-law (Speed Limit By-law, Maximum Rate of Speed - 40 Kilometres per hour) be amended to add the following: HIGHWAY FROM TO Sharpe Crescent Proctor Gate Weaver Terrace Turner Drive Sharpe Crescent Weaver Terrace Pierce Place McGahey Street Northern limit of Pierce Place Page 8 of 16 Page 28 of 123

29 Committee of the Whole Meeting February 6, 2017 And further that Schedule E of By-law (Parking and Traffic By-law Stop Signs) be amended to add the following: Column 1 INTERSECTIONS Williamson Drive and McGovern Street Williamson Drive and Prady Lane Williamson Drive and Schwalm Crescent Turner Drive and Schwalm Crescent Walls Crescent and McGovern Street Sharpe Crescent and McGovern Street Sharpe Crescent and Prady Lane Sharpe Crescent and Turner Drive (south intersection) Sharpe Crescent and McCabe Lane McCabe Lane and Turner Drive (north intersection) Sharpe Crescent and Weaver Terrace Weaver Terrace and Turner Drive Sharpe Crescent and Proctor Gate Sharpe Crescent and Turner Drive (north intersection) Mill Street East and Proctor Gate Mill Street East and Turner Drive Mill Street East and Hawke Crescent Sydie Lane and Hawke Crescent (south intersection) Mill Street East and McGahey Street Column 2 FACING TRAFFIC Southbound on McGovern Street Southbound on Prady Lane Southbound on Schwalm Crescent Eastbound on Schwalm Crescent Eastbound on Walls Crescent Northbound on McGovern Street Northbound on Prady Lane Eastbound on Sharpe Crescent Northbound on Turner Drive Southbound on Turner Drive Westbound on McCabe Lane Eastbound on McCabe Lane Northbound on Turner Drive Southbound on Turner Drive Westbound on Weaver Terrace Eastbound on Weaver Terrace Northbound on Turner Drive Southbound on Turner Drive Southbound on Proctor Gate Eastbound on Sharpe Crescent Northbound on Proctor Gate Northbound on Turner Drive Southbound on Hawke Crescent Eastbound on Sydie Lane Southbound on McGahey Street Page 9 of 16 Page 29 of 123

30 Committee of the Whole Meeting February 6, 2017 McGahey Street and Gunning Crescent East Gunning Crescent East and Hawke Crescent Hawke Crescent and Watson Drive Hawke Crescent and Sydie Lane (north intersection) Sydie Lane and Gunning Crescent East Sydie Lane and Jackson Drive Sydie Lane and McGahey Street Watson Drive and Jackson Drive Watson Drive and McGahey Street McGahey Street and Webb Trail McGahey Street and Roy Road McGahey Street and McKay Avenue McGahey Street and Pierce Place Pierce Place and McKay Avenue Webb Trail and Roy Road McCurdy Drive and Gunning Crescent East Eastbound on Gunning Crescent East Northbound on Hawke Crescent Southbound on Hawke Crescent Westbound on Watson Drive Westbound on Hawke Crescent Northbound on Sydie Lane Southbound on Sydie Lane Westbound on Jackson Drive Northbound on Sydie Lane Southbound on Jackson Drive Eastbound on Watson Drive Westbound on Webb Trail Northbound on McGahey Street Southbound on McGahey Street Westbound on Roy Road Southbound on McKay Avenue Southbound on Pierce Place Westbound on McKay Avenue Northbound on Webb Trail Westbound on Gunning Crescent East And further that By-law Number , as amended, PARKING AND TRAFFIC BY-LAW Schedule A PARKING PROHIBITED be amended to add the following: Column 1 HIGHWAY Turner Drive East side Turner Drive West side Williamson Drive South side Walls Crescent North/ West sides Column 2 Column 3 Column 4 FROM TO PERIOD Mill Street East Williamson Drive Anytime Mill Street East 100 metres south Anytime of Mill Street East Turner Drive Walls Crescent Anytime Williamson Drive McGovern Street Anytime Page 10 of 16 Page 30 of 123

31 Committee of the Whole Meeting February 6, 2017 McGovern Street East side Prady Lane West side Schwalm Crescent West/ North sides Sharpe Crescent North/East sides Sharpe Crescent South/East sides McCabe Lane South side Weaver Terrace South side Proctor Gate West side Proctor Gate East side McGahey Street West/South sides McGahey Street East side Sydie Lane West/South sides Hawke Crescent West/South sides Gunning Crescent East North side Jackson Drive West/South sides Watson Drive North side Webb Trail South/East sides Roy Road North/West sides McKay Avenue West/South sides Williamson Drive Williamson Drive Williamson Drive Sharpe Crescent Sharpe Crescent Turner Drive Anytime Anytime Anytime Turner Drive (south intersection) McCabe Lane Anytime Turner Drive Weaver Terrace Anytime (north intersection) Turner Drive Sharpe Crescent Anytime Turner Drive Sharpe Crescent Anytime Mill Street East Sharpe Crescent Anytime Mill Street East 50 metres south of Anytime Mill Street East Mill Street East Sydie Lane Anytime Mill Street East 50 metres north of Mill Street East Hawke Crescent McGahey Street Anytime Anytime Mill Street East Sydie Lane Anytime (north intersection) McGahey Street Sydie Lane Anytime Watson Drive Sydie Lane Anytime McGahey Street Hawke Crescent Anytime McGahey Street Roy Road Anytime McGahey Street Webb Trail Anytime McGahey Street Pierce Place Anytime Page 11 of 16 Page 31 of 123

32 Committee of the Whole Meeting February 6, 2017 Pierce Place West/South sides Hawke Crescent North/East sides Jackson Drive North/East sides McGahey Street North/East sides McGahey Street Southwest corner of 55 Hawke Crescent Southwest corner of 35 Jackson Drive McKay Avenue North end of Pierce Place Northwest corner of 53 Hawke Crescent Northwest corner of 33 Jackson Drive 53 metres south of McKay Avenue Anytime Anytime Anytime Anytime And further that the Developer be required to install the identified signage including COMMUNITY SAFETY ZONE (Rc-9), NO PARKING (Rb-51), PLAYGROUND AHEAD" (Wc-3) signage as indicated in Engineering Report #ENG , keeping with the requirement of the associated Subdivision Agreements. (4) SIDEROAD 15 AND 5TH LINE INTERSECTION STOP SIGN VISIBILITY & COMPLIANCE The Committee of the Whole recommends: That Report #ENG be received; And further that staff be directed to install two (2) solar powered red beacons, one each on top of the existing stop signs located at the east and west approaches of the Sideroad 15 and 5th Line intersection, as described in Report #ENG (5) PROPOSED SPEED ZONE CHANGE HIGHWAY 89 / SIDEROAD 10 The Committee of the Whole recommends: That Report #ENG be received; And further that Schedule A to By-law No SPEED LIMIT BY- LAW MAXIMUM RATE OF SPEED 60 KILOMETRES PER HOUR be amended to add the following: HIGHWAY FROM TO Sideroad 10 Highway metres south of Highway 89 Page 12 of 16 Page 32 of 123

33 Committee of the Whole Meeting February 6, 2017 And further that staff be directed to have the Developer install the associated speed signage on Sideroad 10 to reflect the by-law amendment. (6) RELEASE OF MUNICIPAL EASEMENT 47 AND 73 FLETCHER CRESCENT The Committee of the Whole recommends: That Report #ENG be received; And further that the necessary by-law be enacted authorizing the release and abandonment of the easement of Part Lot 1 /Concession 1 Essa Township Parts 2, 3 & 4, 51R2975; S/T Debts in RO904609; S/T RO New Tecumseth, also known as 47 and 73 Fletcher Crescent in Alliston; And further that the Mayor and Clerk be authorized to execute any and all documentation pertaining to this matter, all subject to the Town Solicitor's clearance. (7) SITE PLAN AGREEMENT - D11-BE ONTARIO LIMITED COMMERCIAL/RESIDENTIAL REDEVELOPMENT 34 MAIN STREET WEST, BEETON The Committee of the Whole recommends: That Report #ENG be received; And further that the necessary by-law be enacted authorizing the Mayor and Clerk to execute the Site Plan Agreement with Ontario Limited to establish a proposed commercial/residential development located at 34 Main Street West, in the Community of Beeton, substantially in the form of Attachment No. 3 to Report #ENG , all subject to the Town's Solicitor's clearance. (8) PART LOT CONTROL APPLICATION TREETOPS SUBDIVISION BROOKFIELD HOMES BLOCKS 272, 273, 280 & 281, PLAN 51M-1046 SETTLEMENT OF ALLISTON FILE NO. PLC The Committee of the Whole recommends: Page 13 of 16 Page 33 of 123

34 Committee of the Whole Meeting February 6, 2017 That Report #PD be received; And further that Part Lot Control File No. PLC by Brookfield Homes (Ontario) Limited be approved; And further that a Part Lot Control Exemption By-law, substantially in the form included as Attachment No. 5 to Report #PD be enacted. (9) PART LOT CONTROL APPLICATION BROOKFIELD HOMES (ONTARIO) LIMITED WILLOW GLEN SUBDIVISION LOTS 95, 96, 100, 101, 107, 111 & 124 PLAN 51M-1077, TOTTENHAM FILE NO.: PLC The Committee of the Whole recommends: That Report #PD be received; And further that Part Lot Control File No. PLC by Brookfield Homes (Ontario) Limited be approved; And further that a Part Lot Control Exception By-law, substantially in the form included as Attachment No. 5 to Report #PD be enacted. (10) EXTENSION TO DRAFT PLAN APPROVAL BIG COUNTRY NORTH, BIG COUNTRY SOUTH BANDIERA AND ZENTENA (ALLIANCE HOMES) PART LOTS 8 AND 9, CONCESSION 8, COMMUNITY OF BEETON OMB CASE FILE NO. PL The Committee of the Whole recommends: That Report #PD be received; And further that an extension to the draft plan approval for Plan of Subdivision Application PL100682, be enacted for a period of one year, until March 4, (11) EXTENSION TO DRAFT PLAN APPROVAL REQUEST HONEY HILL SUBDIVISION 6314 ALLISTON DEVELOPMENTS INC TH LINE SETTLEMENT OF ALLISTON FILE NO. NT-T-0904 Page 14 of 16 Page 34 of 123

35 Committee of the Whole Meeting February 6, 2017 The Committee of the Whole recommends: That Report #PD be received; And further that an extension to the draft plan approval for Plan of Subdivision File NT-T-0904 be approved for a period of three (3) years, until March 10, (12) ALLISTON AND TOTTENHAM TENNIS CLUB AGREEMENTS The Committee of the Whole recommends: That Report #PRC be received; And further that the Town of New Tecumseth enter into a 5 year Operating Agreement with the Alliston Tennis Club commencing on February 13, 2017; And further that the Town of New Tecumseth enter into a 5 year Operating Agreement with the Tottenham Tennis Club commencing on February 13, 2017; And further that the necessary by-laws be enacted to authorize the Mayor and Clerk to execute the two Operating Agreements, substantially in the form attached to Report #PRC , and subject to the Town Solicitor s final clearance. (13) CANADA 150 COMMUNITY INFRASTRUCTURE PROGRAM - INTAKE TWO APPROVAL The Committee of the Whole recommends: That Report #PRC be received; And further that 2/3 of the project cost as the Town s portion of the grant for the Trans Canada Trail, in the amount of $697,548, funded from the approved carryforward Capital Budget, for development of Phases 2 to match 1/3 of the Canada 150 Grant portion of the grant, administered by FedDev Ontario, in the amount of $348,774, in order to complete the project by the end of March 31, 2018 be approved; And further that 2/3 of the project cost as the Town s portion of the grant for the rehabilitation of the Museum on the Boyne Log Cabin, in the amount of $105,000, funded from the approved Capital Budget Sheet # in the amount of $20,000, as well as $85,000 funded by the Town Asset Page 15 of 16 Page 35 of 123

36 Committee of the Whole Meeting February 6, 2017 Replacement Reserve in order to match 1/3 of the Canada 150 Grant portion of the grant administered by FedDev Ontario in the amount of $52,500, in order to complete the project by the end of March 31, 2018 be approved; And further that the Mayor and Clerk be authorized to sign the necessary documents related to entering into a Contribution Agreement for funding under the Canada 150 Community Infrastructure Program, and any additional approved funds required from the Town s reserves, to meet the grant deadline of March 31, That the Committee of the Whole convene into Closed Session at 7:56 p.m. to discuss one matter about proposed or pending acquisition or disposition of land by the municipality or local board as authorized per the Municipal Act, Section 239 (2) (c) and one matter about litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board per the Municipal Act, Section 239 (2) (e). That the Committee of the Whole reconvened into Open Session at 8:10 p.m. to report on one matter about proposed or pending acquisition or disposition of land by the municipality or local board as authorized per the Municipal Act, Section 239 (2) (c) and one matter about litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board per the Municipal Act, Section 239 (2) (e). Refer to Committee of the Whole Closed Meeting Report dated February 6, GENERAL INFORMATION / ANNOUNCEMENTS Nil. PUBLIC NOTICE Nil. ADJOURNMENT This meeting adjourned at 8:15 p.m. Respectfully Submitted, Mayor Rick Milne Page 16 of 16 Page 36 of 123

37 COMMITTEE OF THE WHOLE CLOSED MEETING REPORT February 6, 2017 For consideration by the Council of the Town of New Tecumseth on February 13, 2017 The Committee of the Whole Closed Meeting was held at 7:56 p.m. on Monday, February 6, 2017 in the Council Chambers, 10 Wellington Street East, Alliston, Ontario. COUNCIL PRESENT: COUNCIL ABSENT: Mayor R. Milne Deputy Mayor J. Smith Councillor M. Beattie Councillor M. Biss Councillor S. Harrison McIntyre Councillor C. Ross Councillor F. Sainsbury Councillor P. Whiteside Councillor D. Jebb Councillor R. Norcross CONFIRMATION OF AGENDA There were no additions or deletions. DISCLOSURES OF PECUNIARY INTEREST Nil. COMMITTEE OF THE WHOLE CLOSED MEETING ITEMS CS-1 UNSOLICITED OFFER TO PURCHASE TOWN PROPERTY INTERSECTION OF THE 10TH SIDEROAD AND HIGHWAY 89 PART 4, REGISTERED PLAN 51R The Committee of the Whole recommends: That Report #ADMIN (Closed) be received; And further that correspondence from Gary Templeton, Templeton Planning Ltd., acting on behalf of Cable Bridge Enterprises with regard to a request to purchase land described as Part 4 on Registered Plan 51R at the intersection of the 10th Sideroad and Highway 89 be received; Page 1 of 2 Page 37 of 123

38 Committee of the Whole Closed Meeting February 6, 2017 And further that the market value of the subject land, as included on a previously approved list of Town properties to be considered for sale, be ascertained through the appraisal process currently in progress; And further that Cable Bridge Enterprises be notified of the current appraisal process and also be notified when the property is listed for sale. CS-2 STATUS UPDATE WHAT'S THE SCOOP ICE CREAM 5 DOWNEY AVENUE, ALLISTON The Committee of the Whole recommends: That Report #PD be received; And further that the confidential verbal report from the Town solicitor be received; And further that the confidential recommendation therein be recommended to Council for adoption. ADJOURNMENT This meeting adjourned at 8:10 p.m. Respectfully Submitted, Mayor Rick Milne Page 2 of 2 Page 38 of 123

39 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number ARCHITECTURAL AND ENGINEERING SERVICES 25 ALBERT STREET WEST, ALLISTON (+VG ARCHITECTS, THE VENTIN GROUP LTD.) BY-LAW A by-law to authorize the signing and execution of an agreement to provide architectural and engineering services for the repurposing of the Town s lands at 25 Albert Street West in the community of Alliston WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS the Council of The Corporation of the Town of New Tecumseth is desirous of retaining +VG Architects, The Ventin Group LTD. to provide architectural and engineering services, for phases 1 to 5 and final design, for the repurposing of the Town s lands at 25 Albert Street West in the community of Alliston as detailed in Request for Proposal P16-23 as referenced in Report #DCAO dated February 6, 2017; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That The Corporation of the Town of New Tecumseth enter into an Agreement with +VG Architects, The Ventin Group LTD. to provide architectural and engineering services, for phases 1 to 5 and final design, for the repurposing of the Town s lands at 25 Albert Street West in the community of Alliston as detailed in Request for Proposal P16-23 as referenced in Report #DCAO dated February 6, That the Mayor and Clerk be authorized to sign and execute all documents relating thereto. 3. That this by-law shall be cited as the "Architectural and Engineering Services 25 Albert Street West, Alliston (+VG Architects, The Ventin Group LTD.) By-law". 4. That this by-law shall come into force and take effect on the date of passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, MAYOR CLERK Page 39 of 123

40 Page 40 of 123

41 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number SITE PLAN AGREEMENT (BERND SCHWARZE) BY-LAW A by-law to authorize the signing and execution of a Site Plan Agreement with Bernd Schwarze WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS the Council of The Corporation of the Town of New Tecumseth is desirous of entering into a Site Plan Agreement with Bernd Schwarze to establish an existing multi-dweling unit located at 275 Victoria Street East, in the Community of Alliston, substantially in the form of Attachment No. 3 to report #ENG dated February 6, 2017, all subject to the Town solicitor s clearance; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That The Corporation of the Town of New Tecumseth enter into a Site Plan Agreement with Bernd Schwarze to establish an existing multi-dweling unit located at 275 Victoria Street East, in the Community of Alliston, substantially in the form of Attachment No. 3 to report #ENG dated February 6, 2017, all subject to the Town solicitor s clearance. 2. That the Mayor and Clerk be authorized to sign and execute all documents relating thereto. 3. That this by-law shall be cited as the Site Plan Agreement (Bernd Schwarze) Bylaw. 4. That this by-law shall come into force and take effect on the date of final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, 2017 MAYOR CLERK Page 41 of 123

42 THE CORPORATION OF THE TOWN OF NEW TECUMSETH SITE PLAN AGREEMENT B E T W E E N: THIS AGREEMENT made this 6 th day of February, 2017, THE CORPORATION OF THE TOWN OF NEW TECUMSETH (hereinafter called the MUNICIPALITY ) OF THE FIRST PART - and - BERND SCHWARZE (hereinafter called the OWNER ) OF THE SECOND PART WHEREAS the Owner represents and warrants that he is the registered owner of the lands and premises described in Schedule A to this Agreement (the Lands ) and that the Lands were previously developed and are now recognized as being in accordance with the Site Control Plans and Reports (the Site Reports ) attached as Schedule "B", and the Site Control Drawing (the Site Plan ) attached as Schedule B-1 to this Agreement; AND WHEREAS there is an existing multi-dwelling unit residential structure on the Lands which was established prior to 1975 (estimated to be approximately 1950) the use of which structure has been recognized through a site-specific Zoning By-Law Amendment No. 22; AND WHEREAS the Owner warrants that the Mortgagee currently shown on title, namely, Laurentian Bank of Canada is the only mortgage holder in relation to the Lands and that there are no other mortgages, charges, liens, claims, or other encumbrances registered against or otherwise binding the Lands; AND WHEREAS the Owner warrants that the Mortgagee as shown on title will execute a Postponement of Interest to be registered on title so that the Agreement herein will have priority to the said Mortgagee and its interest as currently registered; Town/Bernd Schwarze Site Plan Agreement Page 42 of 123

43 AND WHEREAS the Municipality requires the Owner, and the Owner agrees, to enter into an Agreement to confirm the existing site structures and works as shown in Schedule B-1 ; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, AS WELL AS OTHER GOOD AND VALUABLE CONSIDERATION, THIS AGREEMENT WITNESSES AS FOLLOWS: 1. RECITALS: The parties hereto confirm the foregoing recitals and incorporate same as terms of this Agreement. 2. SCHEDULES: The following schedules are attached hereto and form part of this Agreement: 2.1 Schedule A : Description of the Lands. 2.2 Schedule B : Site Control Plans and Reports (Site Reports). 2.3 Schedule B-1 : Site Control Drawing (Site Plan). 2.4 Schedule C : List of Development Levies and other charges to be commuted by the Owner. 2.5 Schedule D : List of Easements and Lands to be conveyed to the Municipality. 2.6 Schedule E : Further terms forming part of this Agreement. 3. PRE-CONDITIONS: Prior to executing this Agreement the Owner shall: (a) (b) Have paid in full all outstanding development invoices, taxes, water charges, sewer charges or drainage and local improvement charges, related to the Lands; Have confirmed that there are no outstanding matters with the Municipality s Engineering Department, and any relevant utility for the Lands; Town/Bernd Schwarze Site Plan Agreement Page 43 of 123

44 (c) (d) (e) Have submitted to the Municipality the final approved Site Reports (Schedule B ) and Site Plan (Schedule B-1 ) and any other schedules that may be required for this Agreement; Have brought the deposit on account (required in Section 6) into good standing; and Have paid to the Municipality a security deposit of $ NIL to cover the faithful performance of the Owner's obligations herein. 4. PERMITS: Prior to the issuance of building permits, the Owner shall: (a) (b) (c) Submit the required applications and fees to the Building and Development Department for building permits, inclusive of all information as may be required by the Chief Building Official of the Municipality or his designate; Obtain all necessary permits and approvals required by any applicable agencies having jurisdiction, or made satisfactory arrangements to do so prior to starting construction; and Have paid to the Municipality all Development Charges and other charges required by the Municipality (see Schedule C ) or made an agreement satisfactory to the Municipality for the payment of same. 5. SITE PLAN OBLIGATIONS: The Owner covenants and agrees with the Municipality that the buildings and other works shown on the Site Plan have been in conformity with the said Site Plan and Site Plan Reports, in a good and workmanlike manner and in accordance with any specifications set out in this Agreement. No deviation from or modification of the Site Plan and Site Plan Reports shall be made without the written approval of the Municipality. 6. FINANCIAL OBLIGATION: The Owner agrees to pay to the Municipality, on a cost recovery basis, the reasonable cost of the Municipality's, lawyer, engineer and planning consultants for all costs involved in processing the proposed site plan development, including the costs related to the preparation, execution, registration and enforcement of this Agreement. In addition, the Owner agrees to pay to the Municipality all fees in accordance with the Municipality s Planning Fee By-Law. The Owner will maintain with the Municipality a deposit of two thousand, five hundred dollars ($2,500.00) on account of the Municipality s costs incurred under this Agreement. The Owner Town/Bernd Schwarze Site Plan Agreement Page 44 of 123

45 will pay the Municipality s costs within thirty (30) days of being billed. In the event the Owner fails to pay these costs, the Municipality shall be entitled to deduct same from the deposit and it will be the Owner s obligation to forthwith replenish the deposit to the original level. In the event the Owner fails to pay accounts within thirty (30) days of being billed, the Municipality will be entitled to charge interest on the overdue accounts at the rate from time to time charged on overdue realty taxes. Nothing herein shall limit the Municipality from using any other security to satisfy the obligations under this section. 7. OWNER S EXPENSE: Every obligation 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. Nothing in this Agreement shall relieve the Owner from any other lawfully imposed rates, taxes, levies or charges now or hereinafter imposed by the Municipality or other government body. 8. OWNER S OBLIGATIONS: All building and works that may need to be done pursuant to the Site Plan shall be provided and maintained by the Owner at the Owner's sole risk and expense and to the satisfaction of the Municipality. During the course of construction, the Owner shall not create any unreasonable public nuisance in the manner of dust, noise or noxious odours, and in particular shall not obstruct ingress or egress to the lands or interfere with traffic flowing along adjoining roadways. The Owner shall repair any existing road, or existing structure or plant located along the road allowance, damaged as a result of construction. Further the Owner will be responsible for the full costs involved in the relocation of any existing service or utility required as a result of construction. In addition, the Owner shall be responsible to pay damages caused or arising either directly or indirectly to adjoining lands including any building or structure located thereon resulting from or in consequence of construction work undertaken by the Owner. The Owner shall indemnify the Municipality from any claims or damages arising therefrom in accordance with the provisions of Section 21. Town/Bernd Schwarze Site Plan Agreement Page 45 of 123

46 9. EASEMENTS AND LANDS TO BE CONVEYED TO THE MUNICIPALITY: The Owner agrees to convey such land and to grant all such easements and rightsof-way as may be required for the installation and supply of services to the Lands at the expense of the Owner as set out in Schedule D attached hereto. 10. DRAINAGE: The Owner shall be solely responsible for the proper drainage of the lands and it shall be an ongoing obligation of this Agreement that appropriate drainage of surface water shall be maintained by the Owner as well as successors-in-title. 11. ACCESS AND INSPECTION: The Owner covenants and agrees that the Chief Building Official, Engineer and other designated agents of the Municipality shall have the right to inspect the lands, buildings and works that may be erected or constructed. If in the opinion of the Chief Building Official, Engineer or his designate, the work is not being carried out in accordance with the Ontario Building Code standards or the requirements of this Agreement, in the event of an urgent or emergency situation, he may immediately stop all or any part of the constructions for any length of time until the buildings and works have been placed in satisfactory condition. Otherwise the provisions of Section 14 apply. 12. WASTE: All construction refuse and debris from any development on the Lands shall be disposed of in an orderly and sanitary fashion in a disposal area provided by the Owner off the site of the development. The Municipality shall not be responsible for the removal, disposal or acceptance of refuse and debris. No burning will be permitted at any time on the Lands, except in accordance with the Municipality's Burning By-law. Once any development is completed, all refuse and debris from the development shall be disposed of in an orderly and sanitary fashion in a disposal area provided by the Owner. The Municipality shall not be responsible for the removal, disposal or acceptance of refuse and debris. Town/Bernd Schwarze Site Plan Agreement Page 46 of 123

47 13. TERMINATION: If the Owner takes out a building permit and has failed to complete construction within two (2) years of the date of the permit, this Agreement may be terminated and declared null and void by the Municipality at its sole option and on thirty (30) days notice to the Owner. The refund of any fees, levies or other charges shall be at the sole discretion of the Municipality, but under no circumstances will interest be paid on any refund. Further, it is the intent of this Agreement that the works will be performed expeditiously and continuously once commenced. 14. ENFORCEMENT: If the Owner is in default of any of the requirements of this Agreement, including the obligation to maintain the works, then the Municipality may immediately provide written notice of the default to the Owner, including the expected corrective work, and provide the Owner seven (7) calendar days, or in a bona fide emergency situation where notice is practical twenty-four (24) hours to comply with the requirements of the notice. In the event that the Owner fails to comply with the requirements of the notice, the Municipality may enter upon the Lands without further notice and take all necessary corrective work including, if necessary, removal of the construction works in order to restore the Lands to a safe condition. The Municipality will be entitled to charge the total cost of such enforcement including all engineering and legal fees to the Owner who shall pay forthwith upon demand, failing which the Municipality may collect the costs from any security posted with the Municipality and/or add the cost to the tax bill of the Lands, whereupon such amount shall be conclusively deemed as tax arrears and may be collected in the same manner as tax arrears. In the event of default in any obligation of the Owner, the provisions of Section 446 of the Municipal Act, S.O. 2001, and amendments thereto shall apply in addition to any other rights of enforcement that may be available to the Municipality. Should the Municipality be involved in completing any works on behalf of the Owner, arising from a default by the Owner, the following charge back rates shall apply and shall include labour, equipment, and materials as required: a. where Town forces are used, the Town cost times 3.0. b. where the Town retains independent contractors: total invoice cost times 2.0. Note: Where the actual cost to the Municipality exceeds $30, the maximum charge back shall be the actual cost plus the greater of 15% or $15, Town/Bernd Schwarze Site Plan Agreement Page 47 of 123

48 15. FORCE MAJEURE: When, and to the extent that, the Owner shall be unable to fulfill, or shall be delayed or restricted in the fulfillment of any obligation under this Agreement by the relevant date in accordance with this Agreement by reason of unforeseen disruption due to strike, lockout, Act of God or as a result of the order or direction of any Court, Board, Administrative Agency, or any government department or authority of competent jurisdiction or other major disruption that restricts the Owner s ability to fulfill such obligation, the date for the fulfillment of the obligation shall, so long as such disruption exists, be stayed from the original date of fulfillment of the obligation, and the remaining time for fulfillment shall be started upon the cessation of the disruption. The Municipality shall not be entitled to compensation, penalty or drawing of any funds from the security held by the Municipality applicable to the obligation during such disruption period. This clause shall not operate where, in the sole discretion of the Municipality, matters of public or private safety are involved, prior corrective work remains outstanding which was not remedied within the time required or other emergency circumstances requiring remedial action. 16. RELEASE OF DEPOSITS AND SECURITIES: The deposit mentioned in Section 6 and the security mentioned in Section 3(d), or any amount remaining, may be released once all obligations under the Site Plan Agreement have been satisfied including the conveyance of the lands required in Section 9 and Schedule D and passage of an authorizing Resolution of Council, if needed. Any deposit, or other funds or securities, held by the Municipality will be done so without interest accruing to the Owner and upon release of any deposit to the Owner, same will be returned without interest. 17. REGISTRATION: The parties hereto agree that this Agreement shall be registered upon the title of the Lands at the option of the Municipality and at the Owner's expense. Upon registration, the Agreement shall be deemed to run with and bind the Lands. 18. MORTGAGEE: The Mortgagee hereby agrees that in the event of it becoming the owner of the Lands under its mortgage by way of foreclosure, purchase, quit claim, release or otherwise, either beneficially or in trust, then its mortgage shall be deemed to be postponed and subject to this Agreement in the capacity of Owner. Town/Bernd Schwarze Site Plan Agreement Page 48 of 123

49 The Mortgagee further agrees that in the event of it assigning or transferring the mortgage on the subject lands under its mortgage, the assignment or transfer shall be subject to the terms hereof in the same manner as if the assignee or transferee had executed this Agreement. 19. NOTICE: If any notice is required to be given by the Municipality to the Owner with respect to this Agreement, such notice shall be delivered, mailed or faxed to: Bernd Schwarze 275 Victoria Street East Alliston, Ontario L9R 1K4 Or such other address as the Owner has given the Municipal Clerk in writing. Notice given to the Owner by prepaid registered or ordinary mail shall be deemed to have been delivered on the fifth (5 th ) business day after mailing or on the same day if by fax or prior to 4:00 p.m. on a business day, otherwise on the next following business day. If notice is to be given by the Owner to the Municipality it shall be similarly given and addressed as follows: TOWN CLERK THE CORPORATION OF THE TOWN OF NEW TECUMSETH 10 Wellington Street East Alliston, Ontario L9R 1A1 Fax No clerk@newtecumseth.ca 20. APPLICATION TO COUNCIL: The Owner may request relief from certain provisions of this Agreement by making Application to the Council of the Municipality in writing with reasons for the requested relief. Council for the Municipality will review the request in consultation with such departments, persons or agencies as it deems appropriate and provide its decision by way of Resolution of Council. The decision of Council shall be final and binding upon the parties, subject to any right of appeal under the Planning Act, as amended, or other relevant legislation. A copy of such decision shall be filed with the Municipality's copy of the Agreement. Town/Bernd Schwarze Site Plan Agreement Page 49 of 123

50 21. INDEMNITY: Notwithstanding any other provision of this agreement, or any intervening acts or arrangements between the parties, the Owner shall indemnify the Municipality against all actions, causes of action, suits, claims and demands whatsoever, including legal costs of the Municipality on a full indemnity basis, which may arise either directly or indirectly by reason of the Owner undertaking construction pursuant to the Site Plan and all related work, save and except any action, cause of action, suit, claim or demand arising from the negligence or wilful conduct of the Municipality or those persons for whom the Municipality is in law responsible. The Owner specifically acknowledges that the full legal costs on a solicitor and client basis, including any disbursements and related expenses of the Municipality, will be reimbursed as incurred by the Municipality in the event of any claim being made by virtue of the Owner undertaking construction pursuant to the Site Plan and any related work. 22. CONSTRUCTION LIEN ACT: The Owner covenants and agrees that it will hold back in its payments to any contractor who may construct services, facilities or works, such amounts as may be required under the provisions of the Construction Lien Act. The obligation of the Owner to indemnify the Municipality will extend to any matters arising under the Construction Lien Act, or any other claim for unpaid accounts. On demand by the Municipality, the Owner will take such steps as may be necessary to immediately discharge all liens registered upon the Lands or otherwise advanced against the interest of the Owner in relation to the site plan works. 23. WAIVER: The failure of the Municipality at any time to require performance by the Owner of any obligation under this Agreement shall in no way affect its right thereafter to enforce such obligation, nor shall the waiver by the Municipality of the performance of any obligation hereunder be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at any later time. The Municipality shall specifically retain its rights at law to enforce this Agreement. Town/Bernd Schwarze Site Plan Agreement Page 50 of 123

51 24. EXTENSION OF TIME: Time shall always be of the essence of this Agreement. Any time limit specified in this Agreement may be extended with the consent in writing of both the Owner and the Municipality, but no such extension of time shall operate or be deemed to operate as an extension of any other time limit, and time shall be deemed to remain of the essence of this Agreement notwithstanding any extension of any time limit. 25. GOVERNING LAW: This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. 26. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, as the case may be. Wherein this Agreement the context so requires, words in the singular include the plural and words in the plural include the singular and words importing the masculine gender include the feminine and neuter gender. IN WITNESS WHEREOF the individual Owner has hereunto set his hand and seal and the Municipality has hereunto affixed its Corporate Seal as attested by its proper signing officers in that behalf. THE CORPORATION OF THE TOWN OF NEW TECUMSETH Per: RICK MILNE (MAYOR) Date: Per: CINDY ANNE MAHER (CLERK) Date: WE HAVE AUTHORITY TO BIND THE CORPORATION. Witness BERND SCHWARZE, OWNER Date: Town/Bernd Schwarze Site Plan Agreement Page 51 of 123

52 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseh Site Plan Agreement. DESCRIPTION OF LANDS All and singular that certain parcel or tract of land situate, lying and being in the Town of New Tecumseth, in the County of Simcoe and being composed of: Part Lot 3, Concession 15, Tecumseth, designated as Parts 1 and 2 on Reference Plan 51R-3841, New Tecumseth, PIN (LT), municipally known as 275 Victoria Street East, Alliston, Ontario. Town/Bernd Schwarze Site Plan Agreement Page 52 of 123

53 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. SITE CONTROL PLANS AND REPORTS Schedule B to this Agreement is a list of the approved Site Control Plans and Reports as finally approved by the Municipality. They are available for review at the Town of New Tecumseth Municipal Office, 2 nd Floor, Engineering Department, 10 Wellington Street East, Alliston, Ontario, during regular business hours. The Site Control Plans and Reports, together with any amendments approved by the Municipality from time to time, form the basis of this Site Plan and are deemed to be essential terms of this Agreement. The Owner acknowledges, covenants and agrees that the Lands will conform to the standards and recommendations of the hereinafter listed Site Control Plans and Reports. SITE CONTROL PLANS DRAWING No. DRAWING TITLE Drawing Prepared by KWA Site Development Consulting Inc Auckland Drive, Burlington, Ontario, L7L 7A9 Existing Grading and Servicing Plan Drawings Prepared by MHBC Weston Road, Woodbridge, Ontario, L4L 8G7 1 of 1 Site Plan TI-1 Tree Inventory Plan Drawing Prepared by Speight, Van Nostrand & Gibson Limited 750 Oakdale Road, Units 65 & 66, Toronto, Ontario, M3N 2Z4 Plan 51R- Draft R-Plan SITE CONTROL REPORTS Revised Arborist Report, prepared by MHBC, August 9, 2016 Lot Drainage & Servicing Conformance Brief, prepared by KWA Site Development Consulting Inc., August 18, 2016 Transportation Impact Study, prepared by NexTrans Engineering, September 12, 2016 Town/Bernd Schwarze Site Plan Agreement Page 53 of 123

54 SCHEDULE "B-1" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. SITE PLAN CONTROL DRAWING (SITE PLAN) A full size copy of the Site Plan is lodged with the Town of New Tecumseth, Municipal Office, 2 nd Floor, Engineering Department, 10 Wellington Street East, Alliston, Ontario, and is available for inspection upon request at the Municipal Office during regular business hours. Town/Bernd Schwarze Site Plan Agreement Page 54 of 123

55 SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. LIST OF DEVELOPMENT LEVIES, AND OTHER CHARGES TO BE COMMUTED BY THE OWNER Payment of Development Levies and Charges as follows: Development Chargers Development Charges are $ NIL. The proposal does not include an expansion to the existing building. Cash-in-lieu of Parkland Cash-in-lieu of Parkland is $ NIL. The proposal does not meet the definition of Development per the Parkland Conveyancing Policy By-law Cash-in-lieu of Parking Cash-in-lieu of Parking per By-law is Nil. Sufficient parking is available on site. Construction Security Deposit Pursuant to Subsection 3(e) of this Site Plan Agreement, the required Letter of Credit or Cash Security to cover the faithful performance of the Owner s obligation is $ NIL. There are no physical exterior construction works proposed. Tree Compensation Tree compensation is $ NIL. No trees are proposed for removal. Town/Bernd Schwarze Site Plan Agreement Page 55 of 123

56 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. LIST OF EASEMENTS AND LANDS TO BE CONVEYED TO THE MUNICIPALITY The Owner will convey to the Municipality the following road widenings and daylighting triangles, as shown on the Draft R-Plan listed in Schedule B : a) An approximately 3.0m wide strip of land along the south side of Victoria Street East (Highway 89); b) An approximately 0.8m wide strip of land along the east side of East Avenue. c) An approximately 3.7m wide daylighting triangle at the southeast corner of the intersection of Victoria Street East (Highway 89) and East Avenue. The Owner further agrees the conveyance to the Municipality will be free and clear of all encumbrances and at the expense of the Owner, including the cost of the preparation and registration of a reference plan of survey. As the Owner is providing an undersized Daylighting Triangle (15.0m x 15.0m required) and an undersized Road Widening (8.2m required) along East Avenue to the Municipality at this time, any future redevelopment of the site may require the conveyance of the remaining portion of lands in accordance with the Municipality s standards. Town/Bernd Schwarze Site Plan Agreement Page 56 of 123

57 SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. FURTHER TERMS FORMING PART OF THIS AGREEMENT 1. The Owner agrees to assume all responsibility and liability related to the internal site stormwater ponding and storage, including any and all damages resulting from the designed operating conditions and any and all downstream damages resulting from their removal, modification, or lack of maintenance to on-site controls. 2. The Owner must obtain written approval from the Nottawasaga Valley Conservation Authority, the Town of New Tecumseth or any other jurisdiction having authority, prior to permitting removal of any facilities or modification to the approved design. 3. The Owner agrees that all deliveries for this site will take place in accordance with the Municipality s Noise By-law. 4. The Owner agrees that the waste and recycling pick-up for this site will be in accordance with the Municipality s Noise By-law. 5. The Owner acknowledges the existing sanitary sewer and domestic water service is being used and the Owner does not intend on upgrading these services as part of this Site Plan. The Owner is proceeding at his own risk with these services and as such, the Owner agrees that any remediation, repair, or replacement to the existing sanitary service or domestic water services for the length of pipe between the building face and the service main located within the Municipal right-of-way is the sole responsibility of the Owner including any costs associated with the works. 6. The Owner acknowledges the existing site condition features multiple water service lines and meters to the existing buildings. Should the Owner proceed to develop the lands in the future, only a single water service line to the watermain and a single water meter will be permitted. 7. The Owner acknowledges that he has been made aware by the Municipality that there are a number of Municipal By-Laws that the Owner is expected to abide by during the construction and development activities associated with the Lands. The Owner shall make himself aware of the By-Laws and ensure that activities occurring within the Lands are in accordance with the applicable By-Laws. In addition to the By-Laws set out above, the By-Laws may include, but are not limited to, the following: (a) Municipal Sewers Discharge By-Law ; (b) Reduced Load Limit By-Law ; (c) Open Air Burning By-Law ; (d) Tree Preservation and Compensation By-Law (e) Noise Control By-Law ; and (f) Municipal Addressing By-Law EDC_LAW\ \3 Town/Bernd Schwarze Site Plan Agreement Page 57 of 123

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59 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number "COMMUNITY SAFETY ZONES AMENDMENT NO. 16 BY-LAW" A by-law to amend Schedule A of By-law being the Community Safety Zones By-law WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; WHEREAS the Council of The Corporation of the Town of New Tecumseth passed By-law on the 7 th day of July, 1999 to designate Community Safety Zones in the Town of New Tecumseth; AND WHEREAS the Council of The Corporation of the Town of New Tecumseth deems it expedient to amend Schedule A of By-law (Community Safety Zones By-law); NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That Schedule A of By-Law (Community Safety Zones By-Law) be amended to add the following: Tottenham Column 1 Column 2 Column 3 Column 4 Column 5 Highway From To Effective Hours and Days Effective Months Sharpe Crescent Turner Drive Pierce Place Proctor Gate Sharpe Crescent McGahey Street Weaver Terrace Weaver Terrace Northern limit of Pierce Place 12:00 a.m. to 12:00 a.m. 12:00 a.m. to 12:00 a.m. 12:00 a.m. to 12:00 a.m. January 1 to December 31 January 1 to December 31 January 1 to December That this by-law shall be cited as the "Community Safety Zones Amendment No. 16 By-law. 3. That this by-law shall come into force and take effect on the date of passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, 2017 MAYOR CLERK Page 59 of 123

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61 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number " SPEED LIMIT AMENDMENT NO. 22 BY-LAW " A by-law to amend Schedule A of By-law being the Speed Limit By-law WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS By-law No , was passed by Council on the 25 th day of November 2002 to regulate the speed of motor vehicles in the Town of New Tecumseth; AND WHEREAS Council deems it expedient to amend the maximum speed of motor vehicles on certain roads or portions thereof within the municipality; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That Schedule A of By-law (Speed Limit By-law, Maximum Rate of Speed 40 Kilometres per hour) be amended to add the following: HIGHWAY FROM TO Sharpe Crescent Proctor Gate Weaver Terrace Turner Drive Sharpe Crescent Weaver Terrace Pierce Place McGahey Street Northern limit of Pierce Place 2. That this by-law shall be cited as the "Speed Limit - Amendment No. 22 By-law. 3. That this by-law shall come into force and take effect on the date of passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, 2017 MAYOR CLERK Page 61 of 123

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63 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number "PARKING AND TRAFFIC AMENDMENT NO. 67 BY-LAW" A by-law to amend Schedule A and Schedule E of By-law being the Parking and Traffic By-law WHEREAS the Council of The Corporation of the Town of New Tecumseth enacted By-law No being the Parking and Traffic By-law on the 2nd day of November 1993; AND WHEREAS the Council of The Corporation of the Town of New Tecumseth deems it expedient to amend Schedule A of By-law , Parking and Traffic By-law Parking Prohibited; AND WHEREAS the Council of The Corporation of the Town of New Tecumseth deems it expedient to amend Schedule E of By-law , Parking and Traffic By-law Stop Signs; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That Schedule A of By-law (Parking and Traffic By-law Parking Prohibited) be amended to add the following Column 1 HIGHWAY Turner Drive East side Turner Drive West side Williamson Drive South side Walls Crescent North/ West sides McGovern Street East side Prady Lane West side Schwalm Crescent West/ North sides Sharpe Crescent North/East sides Sharpe Crescent South/East sides McCabe Lane South side Weaver Terrace South side Proctor Gate West side Proctor Gate East side McGahey Street West/South sides McGahey Street East side Sydie Lane West/South sides Hawke Crescent West/South sides Gunning Crescent East North side Column 2 FROM Column 3 TO Column 4 PERIOD Mill Street East Williamson Drive Anytime Mill Street East 100 metres south of Mill Anytime Street East Turner Drive Walls Crescent Anytime Williamson Drive McGovern Street Anytime Williamson Drive Sharpe Crescent Anytime Williamson Drive Sharpe Crescent Anytime Williamson Drive Turner Drive Anytime Turner Drive McCabe Lane Anytime (south intersection) Turner Drive Weaver Terrace Anytime (north intersection) Turner Drive Sharpe Crescent Anytime Turner Drive Sharpe Crescent Anytime Mill Street East Sharpe Crescent Anytime Mill Street East 50 metres south of Mill Anytime Street East Mill Street East Sydie Lane Anytime Mill Street East 50 metres north of Mill Anytime Street East Hawke Crescent McGahey Street Anytime Mill Street East Sydie Lane Anytime (north intersection) McGahey Street Sydie Lane Anytime Page 63 of 123

64 By-law Page 2 Jackson Drive West/South sides Watson Drive North side Webb Trail South/East sides Roy Road North/West sides McKay Avenue West/South sides Pierce Place West/South sides Hawke Crescent North/East sides Jackson Drive North/East sides McGahey Street North/East sides Watson Drive Sydie Lane Anytime McGahey Street Hawke Crescent Anytime McGahey Street Roy Road Anytime McGahey Street Webb Trail Anytime McGahey Street Pierce Place Anytime McGahey Street North end of Pierce Place Anytime Southwest corner of 55 Hawke Crescent Southwest corner of 35 Jackson Drive McKay Avenue Northwest corner of 53 Hawke Crescent Northwest corner of 33 Jackson Drive 53 metres south of McKay Avenue Anytime Anytime Anytime 2. That Schedule E of By-law (Parking and Traffic By-law Stop Signs) be amended to add the following: Column 1 INTERSECTIONS Williamson Drive and McGovern Street Williamson Drive and Prady Lane Williamson Drive and Schwalm Crescent Turner Drive and Schwalm Crescent Walls Crescent and McGovern Street Sharpe Crescent and McGovern Street Sharpe Crescent and Prady Lane Sharpe Crescent and Turner Drive (south intersection) Sharpe Crescent and McCabe Lane McCabe Lane and Turner Drive (north intersection) Sharpe Crescent and Weaver Terrace Weaver Terrace and Turner Drive Sharpe Crescent and Proctor Gate Sharpe Crescent and Turner Drive (north intersection) Mill Street East and Proctor Gate Mill Street East and Turner Drive Mill Street East and Hawke Crescent Sydie Lane and Hawke Crescent (south intersection) Mill Street East and McGahey Street McGahey Street and Gunning Crescent East Gunning Crescent East and Hawke Crescent Hawke Crescent and Watson Drive Hawke Crescent and Sydie Lane (north intersection) Sydie Lane and Gunning Crescent East Sydie Lane and Jackson Drive Sydie Lane and McGahey Street Watson Drive and Jackson Drive Watson Drive and McGahey Street McGahey Street and Webb Trail McGahey Street and Roy Road McGahey Street and McKay Avenue Column 2 FACING TRAFFIC Southbound on McGovern Street Southbound on Prady Lane Southbound on Schwalm Crescent Eastbound on Schwalm Crescent Eastbound on Walls Crescent Northbound on McGovern Street Northbound on Prady Lane Eastbound on Sharpe Crescent Northbound on Turner Drive Southbound on Turner Drive Westbound on McCabe Lane Eastbound on McCabe Lane Northbound on Turner Drive Southbound on Turner Drive Westbound on Weaver Terrace Eastbound on Weaver Terrace Northbound on Turner Drive Southbound on Turner Drive Southbound on Proctor Gate Eastbound on Sharpe Crescent Northbound on Proctor Gate Northbound on Turner Drive Southbound on Hawke Crescent Eastbound on Sydie Lane Southbound on McGahey Street Eastbound on Gunning Crescent East Northbound on Hawke Crescent Southbound on Hawke Crescent Westbound on Watson Drive Westbound on Hawke Crescent Northbound on Sydie Lane Southbound on Sydie Lane Westbound on Jackson Drive Northbound on Sydie Lane Southbound on Jackson Drive Eastbound on Watson Drive Westbound on Webb Trail Northbound on McGahey Street Southbound on McGahey Street Westbound on Roy Road Southbound on McKay Avenue Page 64 of 123

65 By-law Page 3 McGahey Street and Pierce Place Pierce Place and McKay Avenue Webb Trail and Roy Road McCurdy Drive and Gunning Crescent East Southbound on Pierce Place Westbound on McKay Avenue Northbound on Webb Trail Westbound on Gunning Crescent East 3. That this by-law shall be cited as the "Parking and Traffic Amendment No. 67 Bylaw. 4. That this by-law shall come into force and take effect on the date of passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, 2017 MAYOR CLERK Page 65 of 123

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67 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number " SPEED LIMIT AMENDMENT NO. 23 BY-LAW " A by-law to amend Schedule A of By-law being the Speed Limit By-law WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS By-law No , was passed by Council on the 25 th day of November 2002 to regulate the speed of motor vehicles in the Town of New Tecumseth; AND WHEREAS Council deems it expedient to amend the maximum speed of motor vehicles on certain roads or portions thereof within the municipality; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That Schedule A of By-law (Speed Limit By-law, Maximum Rate of Speed 60 Kilometres per hour) be amended to add the following: HIGHWAY FROM TO Sideroad 10 Highway metres south of Highway That this by-law shall be cited as the "Speed Limit - Amendment No. 23 By-law. 3. That this by-law shall come into force and take effect on the date of passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, 2017 MAYOR CLERK Page 67 of 123

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69 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number RELEASE AND ABANDONMENT OF EASEMENT (47 AND 73 FLETCHER CRESCENT, ALLISTON) BY-LAW A by-law to authorize the release and abandonment of an easement registered on 47 and 73 Fletcher Crescent, Alliston WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS in 1974 an easement was registered on 47 & 73 Fletcher Crescent to install a sanitary sewer line and pumping station to service Stevenson Memorial Hospital; AND WHEREAS the 2009 Capital Budget included a project to reconstruct the sanitary sewer along Fletcher Crescent in order to by-pass the aging Fletcher Crescent sanitary lift pump station; AND WHEREAS these works have been completed, the new sewer is operational and the old sewer main within the easement has been decommissioned rendering the easement obsolete; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That The Corporation of the Town of New Tecumseth authorizes the release and abandonment of the easement of Part Lot 1 /Concession 1, Essa Township, Parts 2, 3 and 4, 51R2975; S/T Debts in RO904609; S/T RO New Tecumseth, also known as 47 & 73 Fletcher Crescent in Alliston. 2. That the Mayor and Clerk be authorized to sign and execute any and all documentation pertaining to this matter, all subject to the Town Solicitor s clearance. 3. That this by-law shall be cited as the Release and Abandonment of Easement (47 & 73 Fletcher Crescent, Alliston) By-law. 4. This by-law shall come into force and take effect on the date of final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13th DAY OF FEBRUARY, MAYOR CLERK Page 69 of 123

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71 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number SITE PLAN AGREEMENT ( ONTARIO LIMITED) BY-LAW A by-law to authorize the signing and execution of a Site Plan Agreement with Ontario Limited WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS the Council of The Corporation of the Town of New Tecumseth is desirous of entering into a Site Plan Agreement with Ontario Limited to establish a proposed commercial/residential development located at 34 Main Street West, in the Community of Beeton, substantially in the form of Attachment No. 3 to Report #ENG , all subject to the Town Solicitor's clearance; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That The Corporation of the Town of New Tecumseth enter into a Site Plan Agreement with Ontario Limited to establish a proposed commercial/residential development located at 34 Main Street West, in the Community of Beeton, substantially in the form of Attachment No. 3 to Report #ENG , all subject to the Town Solicitor's clearance. 2. That the Mayor and Clerk be authorized to sign and execute all documents relating thereto. 3. That this by-law shall be cited as the Site Plan Agreement ( Ontario Limited) By-law. 4. That this by-law shall come into force and take effect on the date of final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, 2017 MAYOR CLERK Page 71 of 123

72 THE CORPORATION OF THE TOWN OF NEW TECUMSETH SITE PLAN AGREEMENT B E T W E E N: THIS AGREEMENT made this 19 th day of January, 2017, THE CORPORATION OF THE TOWN OF NEW TECUMSETH (hereinafter called the MUNICIPALITY ) OF THE FIRST PART - and ONTARIO LIMITED (hereinafter called the OWNER ) OF THE SECOND PART WHEREAS the Owner represents and warrants that he is the registered owner of the lands and premises described in Schedule A to this Agreement (the Lands ) and proposes to develop the Lands in accordance with the Site Control Plans and Reports (the Site Reports ) attached as Schedule "B", and the Site Control Drawing (the Site Plan ) attached as Schedule B-1 to this Agreement; AND WHEREAS the Owner proposes to establish new commercial business uses on the Lands with all related work to be in accordance with the terms of this Agreement and the Schedules hereto (the Development ); AND WHEREAS the Owner warrants that there are no mortgage(s), lien(s) or other encumbrances registered against or binding the Lands; AND WHEREAS the parties acknowledge an existing easement on the Lands Registered as SC on December 10, AND WHEREAS the Municipality requires the Owner, and the Owner agrees, to enter into an Agreement to confirm the existing site structures and works as shown in Schedule B-1 ; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, AS WELL AS OTHER GOOD AND VALUABLE CONSIDERATION, THIS AGREEMENT WITNESSES AS FOLLOWS: Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 72 of 123

73 1. RECITALS: The parties hereto confirm the foregoing recitals and incorporate same as terms of this Agreement. 2. SCHEDULES: The following schedules are attached hereto and form part of this Agreement: 2.1 Schedule A : Description of the Lands. 2.2 Schedule B : Site Control Plans and Reports (Site Reports). 2.3 Schedule B-1 : Site Control Drawing (Site Plan). 2.4 Schedule C : List of Development Levies and other charges to be commuted by the Owner. 2.5 Schedule D : List of Easements and Lands to be conveyed to the Municipality. 2.6 Schedule E : Further terms forming part of this Agreement. 2.7 Schedule F : Encroachment Agreement. 3. PRE-CONDITIONS: Prior to executing this Agreement the Owner shall: (a) (b) (c) (d) (e) Have paid in full all outstanding development invoices, taxes, water charges, sewer charges or drainage and local improvement charges, related to the Lands; Have obtained and submitted confirmation that satisfactory arrangements have been made with the Municipality s Engineering Department, and any relevant utility for the proposed development. Have submitted to the Municipality the final approved Site Reports (Schedule B ) and Site Plan (Schedule B-1 ) and any other schedules that may be required for this Agreement. Have brought the deposit on account (required in Section 6) into good standing. Have paid to the Municipality a security deposit of $6, to cover the faithful performance of the Owner's obligations herein. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 73 of 123

74 4. PERMITS: Prior to the issuance of building permits, the Owner shall: (a) (b) (c) Submit the required applications and fees to the Building and Development Department for building permits, inclusive of all information as may be required by the Chief Building Official of the Municipality or his designate; Obtain all necessary permits and approvals required by any applicable agencies having jurisdiction, or made satisfactory arrangements to do so prior to starting construction; and Have paid to the Municipality all Development Charges and other charges required by the Municipality (see Schedule C ). or made an agreement satisfactory to the Municipality for the payment of same. 5. SITE PLAN OBLIGATIONS: The Owner covenants and agrees with the Municipality that the buildings and other works shown on the Site Plan have been or will be erected in conformity with the said Site Plan and Site Plan Reports, in a good and workmanlike manner and in accordance with any specifications set out in this Agreement, the Engineering Standards of the Municipality and the standards of any appropriate regulatory authority. No deviation from or modification of the Site Plan and Site Plan Reports shall be made without the written approval of the Municipality. 6. FINANCIAL OBLIGATION: The Owner agrees to pay to the Municipality, on a cost recovery basis, the reasonable cost of the Municipality's lawyer, engineer and planning consultants for all costs involved in processing the proposed site plan development, including the costs related to the preparation, execution, registration and enforcement of this Agreement. In addition, the Owner agrees to pay to the Municipality all fees in accordance with the Municipality s Planning Fee By-Law. The Owner will maintain with the Municipality a deposit of two thousand, five hundred dollars ($2,500.00) on account of the Municipality s costs incurred under this Agreement. The Owner will pay the Municipality s costs within thirty (30) days of being billed. In the event the Owner fails to pay these costs, the Municipality shall be entitled to deduct same from the deposit and it will be the Owner s obligation to forthwith replenish the deposit to the original level. In the event the Owner fails to pay accounts within thirty (30) days of being billed, the Municipality will be entitled to charge interest on the overdue accounts at the rate from time to time charged on Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 74 of 123

75 overdue realty taxes. Nothing herein shall limit the Municipality from using any other security to satisfy the obligations under this section. 7. OWNER S EXPENSE: Every obligation 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. Nothing in this Agreement shall relieve the Owner from any other lawfully imposed rates, taxes, levies or charges now or hereinafter imposed by the Municipality or other government body. 8. OWNER S OBLIGATIONS: All building and works to be done pursuant to the Site Plan shall be provided and maintained by the Owner at the Owner's sole risk and expense and to the satisfaction of the Municipality. During the course of construction, the Owner shall not create any unreasonable public nuisance in the manner of dust, noise or noxious odours, and in particular shall not obstruct ingress or egress to the lands or interfere with traffic flowing along adjoining roadways. The Owner shall repair any existing road, or existing structure or plant located along the road allowance, damaged as a result of the development. Further the Owner will be responsible for the full costs involved in the relocation of any existing service or utility required as a result of the development. In addition, the Owner shall be responsible to pay damages caused or arising either directly or indirectly to adjoining lands including any building or structure located thereon resulting from or in consequence of the Development work undertaken by the Owner. The Owner shall indemnify the Municipality from any claims or damages arising therefrom in accordance with the provisions of Section EASEMENTS AND LANDS TO BE CONVEYED TO THE MUNICIPALITY: The Owner agrees to convey such land and to grant all such easements and rights-of-way as may be required for the installation and supply of services to the development at the expense of the Owner as set out in Schedule D attached hereto. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 75 of 123

76 10. DRAINAGE: The Owner shall be solely responsible for the proper drainage of the lands and it shall be an ongoing obligation of this Agreement that appropriate drainage of surface water shall be maintained by the Owner as well as successors-in-title. 11. ACCESS AND INSPECTION: The Owner covenants and agrees that the Chief Building Official, Engineer and other designated agents of the Municipality shall have the right to inspect the lands, buildings and works being erected or constructed at all times. If in the opinion of the Chief Building Official, Engineer or his designate, the work is not being carried out in accordance with the Ontario Building Code standards or the requirements of this Agreement, in the event of an urgent or emergency situation, he may immediately stop all or any part of the constructions for any length of time until the buildings and works have been placed in satisfactory condition. Otherwise the provisions of Section 14 apply. 12. WASTE: All construction refuse and debris from the Development shall be disposed of in an orderly and sanitary fashion in a disposal area provided by the Owner off the site of the development. The Municipality shall not be responsible for the removal, disposal or acceptance of refuse and debris. No burning will be permitted at any time on the Lands, except in accordance with the Municipality's Burning By-law. Once the Development is completed, all refuse and debris from the Development shall be disposed of in an orderly and sanitary fashion in a disposal area provided by the Owner. The Municipality shall not be responsible for the removal, disposal or acceptance of refuse and debris. 13. TERMINATION: If the Owner has failed to take out a building permit within one year from the date of the Agreement, or having taken out a building permit failed to complete construction of the Development within two (2) years of the date of the permit, this Agreement may be terminated and declared null and void by the Municipality at its sole option and on thirty (30) days notice to the Owner. The refund of any fees, levies or other charges shall be at the sole discretion of the Municipality, but under no circumstances will interest be paid on any refund. Further, it is the Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 76 of 123

77 intent of this Agreement that the works will be performed expeditiously and continuously once commenced. 14. ENFORCEMENT: If the Owner is in default of any of the requirements of this Agreement, including the obligation to maintain the works, then the Municipality may immediately provide written notice of the default to the Owner, including the expected corrective work, and provide the Owner seven (7) calendar days, or in a bona fide emergency situation where notice is practical twenty-four (24) hours to comply with the requirements of the notice. In the event that the Owner fails to comply with the requirements of the notice, the Municipality may enter upon the Lands without further notice and take all necessary corrective work including, if necessary, removal of the construction works in order to restore the Lands to a safe condition. The Municipality will be entitled to charge the total cost of such enforcement including all engineering and legal fees to the Owner who shall pay forthwith upon demand, failing which the Municipality may collect the costs from any security posted with the Municipality and/or add the cost to the tax bill of the Lands, whereupon such amount shall be conclusively deemed as tax arrears and may be collected in the same manner as tax arrears. In the event of default in any obligation of the Owner, the provisions of Section 446 of the Municipal Act, S.O. 2001, and amendments thereto shall apply in addition to any other rights of enforcement that may be available to the Municipality. Should the Municipality be involved in completing any works on behalf of the Owner, arising from a default by the Owner, the following charge back rates shall apply and shall include labour, equipment, and materials as required: a. where Town where Town forces are used, the Town cost times 3.0. b. where the Town retains independent contractors: total invoice cost times 2.0. Note: Where the actual cost to the Municipality exceeds $30, the maximum charge back shall be the actual cost plus the greater of 15% or $15, FORCE MAJEURE: When, and to the extent that, the Owner shall be unable to fulfill, or shall be delayed or restricted in the fulfillment of any obligation under this Agreement by the relevant date in accordance with this Agreement by reason of unforeseen Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 77 of 123

78 disruption due to strike, lockout, Act of God or as a result of the order or direction of any Court, Board, Administrative Agency, or any government department or authority of competent jurisdiction or other major disruption that restricts the Owner s ability to fulfill such obligation, the date for the fulfillment of the obligation shall, so long as such disruption exists, be stayed from the original date of fulfillment of the obligation, and the remaining time for fulfillment shall be started upon the cessation of the disruption. The Municipality shall not be entitled to compensation, penalty or drawing of any funds from the security held by the Municipality applicable to the obligation during such disruption period. This clause shall not operate where, in the sole discretion of the Municipality, matters of public or private safety are involved, prior corrective work remains outstanding which was not remedied within the time required or other emergency circumstances requiring remedial action. 16. RELEASE OF DEPOSITS AND SECURITIES: The deposit mentioned in Section 6 and the security mentioned in Section 3(d), or any amount remaining, may be released once all obligations under the Site Plan Agreement have been satisfied including, but not limited to, issuance of certification letters, production of As Constructed drawings from the applicable engineering consultants and passage of an authorizing Resolution of Council. Any deposit, or other funds or securities, held by the Municipality will be done so without interest accruing to the Owner and upon release of any deposit to the Owner, same will be returned without interest. 17. REGISTRATION: The parties hereto agree that this Agreement shall be registered upon the title of the Lands at the option of the Municipality and at the Owner's expense. Upon registration, the Agreement shall be deemed to run with and bind the Lands. 18. MORTGAGEES: The Owner represents and warrants that there are no mortgages, liens or other encumbrances registered against or otherwise binding the title to the Lands. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 78 of 123

79 19. NOTICE: If any notice is required to be given by the Municipality to the Owner with respect to this Agreement, such notice shall be delivered, mailed or faxed to: Ontario Ltd. c/o Yuri Tabulov 295 Farrell Road Vaughan, Ontario L6A 4W5 Or such other address as the Developer has given the Municipal Clerk in writing. Notice given to the Developer by prepaid registered or ordinary mail shall be deemed to have been delivered on the fifth (5 th ) business day after mailing or on the same day if by fax or prior to 4:00 p.m. on a business day, otherwise on the next following business day. If notice is to be given by the Developer to the Municipality it shall be similarly given and addressed as follows: TOWN CLERK THE CORPORATION OF THE TOWN OF NEW TECUMSETH 10 Wellington Street East Alliston, Ontario L9R 1A1 Fax No clerk@newtecumseth.ca 20. APPLICATION TO COUNCIL: The Owner may request relief from certain provisions of this Agreement by making Application to the Council of the Municipality in writing with reasons for the requested relief. Council for the Municipality will review the request in consultation with such departments, persons or agencies as it deems appropriate and provide its decision by way of Resolution of Council. The decision of Council shall be final and binding upon the parties, subject to any right of appeal under the Planning Act, as amended, or other relevant legislation. A copy of such decision shall be filed with the Municipality's copy of the Agreement. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 79 of 123

80 21. INDEMNITY: Notwithstanding any other provision of this agreement, or any intervening acts or arrangements between the parties, the Owner shall indemnify the Municipality against all actions, causes of action, suits, claims and demands whatsoever, including legal costs of the Municipality on a full indemnity basis, which may arise either directly or indirectly by reason of the Owner undertaking the Development and all related work, save and except any action, cause of action, suit, claim or demand arising from the negligence or wilful conduct of the Municipality or those persons for whom the Municipality is in law responsible. The Owner specifically acknowledges that the full legal costs on a solicitor and client basis, including any disbursements and related expenses of the Municipality, will be reimbursed as incurred by the Municipality in the event of any claim being made by virtue of the Owner undertaking the Development and any related work. 22. CONSTRUCTION LIEN ACT: The Owner covenants and agrees that it will hold back in its payments to any contractor who may construct services, facilities or works, such amounts as may be required under the provisions of the Construction Lien Act. The obligation of the Owner to indemnify the Municipality will extend to any matters arising under the Construction Lien Act, or any other claim for unpaid accounts. On demand by the Municipality, the Owner will take such steps as may be necessary to immediately discharge all liens registered upon the Lands or otherwise advanced against the interest of the Owner in relation to the site plan works. 23. WAIVER: The failure of the Municipality at any time to require performance by the Owner of any obligation under this Agreement shall in no way affect its right thereafter to enforce such obligation, nor shall the waiver by the Municipality of the performance of any obligation hereunder be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at any later time. The Municipality shall specifically retain its rights at law to enforce this Agreement. 24. EXTENSION OF TIME: Time shall always be of the essence of this Agreement. Any time limit specified in this Agreement may be extended with the consent in writing of both the Owner and the Municipality, but no such extension of time shall operate or be deemed to Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 80 of 123

81 operate as an extension of any other time limit, and time shall be deemed to remain of the essence of this Agreement notwithstanding any extension of any time limit. 25. GOVERNING LAW: This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. 26. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, as the case may be. Wherein this Agreement the context so requires, words in the singular include the plural and words in the plural include the singular and words importing the masculine gender include the feminine and neuter gender. IN WITNESS WHEREOF the individual Owner has hereunto set his hand and seal and the Municipality has hereunto affixed its Corporate Seal as attested by its proper signing officers in that behalf. THE CORPORATION OF THE TOWN OF NEW TECUMSETH Per: RICK MILNE (MAYOR) Date: Per: CINDY ANNE MAHER (CLERK) Date: WE HAVE AUTHORITY TO BIND THE CORPORATION ONTARIO LTD. Per: YURI TABULOV, A.S.O. Date: I HAVE AUTHORITY TO BIND THE CORPORATION. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 81 of 123

82 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. DESCRIPTION OF LANDS All and singular that certain parcel or tract of land situate, lying and being in the Town of New Tecumseth, in the County of Simcoe and being composed of: Part of Lot 10, Concession 8, Tecumseth, Parts 1, 4 and 6 on Plan 51R-21702, Together with an Easement as in RO922199, Together with an Easement over Part 4 on Plan 51R as in SC , Subject to an Easement over Parts 1 and 3 on Plan 51R in favour of Parts 2, 3 and 5 on Plan 51R as in SC , Together with an Easement over Part 2 on Plan 51R as in SC , Town of New Tecumseth, municipally known as 34 Main Street West, Beeton, Ontario, PIN (LT). Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 82 of 123

83 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. SITE CONTROL PLANS AND REPORTS Schedule B to this Agreement is a list of the approved Site Control Plans and Reports as finally approved by the Municipality. They are available for review at the Town of New Tecumseth Municipal Office, 2 nd Floor, Engineering Department, 10 Wellington Street East, Alliston, Ontario, during regular business hours. The Site Control Plans and Reports, together with any amendments approved by the Municipality from time to time, form the basis for this Development and are deemed to be essential terms of this Agreement. The Owner acknowledges, covenants and agrees that the development of the Lands will conform to the standards and recommendations of the hereinafter listed Site Control Plans and Reports. SITE CONTROL PLANS DRAWING No. DRAWING TITLE Drawing Prepared by Guitberg Group Inc. 33 Belvedere Crescent, Richmond Hill, Ontario, L4C 8W1 A1 South Elevation A2 East Elevation A3 West Elevation Drawings Prepared by Alex Marton Limited 160 Applewood Crescent, Unit 8, Concord, Ontario, L4K 4H2 Site and Grading Plan Plan 51R- Draft R-Plan SITE CONTROL REPORTS Lighting Letter, prepared by Guitberg Group Inc., October 5, 2016 Stormwater Drainage Letter, prepared by BaseTech Consulting Inc., September 19, Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 83 of 123

84 SCHEDULE "B-1" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. SITE PLAN CONTROL DRAWING (SITE PLAN) A full size copy of the Site Plan is lodged with the Town of New Tecumseth, Municipal Office, 2 nd Floor, Engineering Department, 10 Wellington Street East, Alliston, Ontario, and is available for inspection upon request at the Municipal Office during regular business hours. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 84 of 123

85 SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. LIST OF DEVELOPMENT LEVIES, AND OTHER CHARGES TO BE COMMUTED BY THE OWNER Payment of Development Levies and Charges as follows: Development Chargers Development Charges are $ NIL. The proposal does not include an expansion to the existing building. Cash-in-lieu of Parkland Cash-in-lieu of Parkland is $ NIL. The proposal does not meet the definition of Development per the Parkland Conveyancing Policy By-law Cash-in-lieu of Parking Cash-in-lieu of Parking per By-law is $ Nil. Sufficient parking is available on site. Construction Security Deposit Pursuant to Subsection 3(e) of this Site Plan Agreement, the required Letter of Credit or Cash Security to cover the faithful performance of the Owner s obligation is $6, The calculated amount is based on $40, per hectare to a maximum of $120, Tree Compensation Tree compensation is $ NIL. No trees are proposed for removal. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 85 of 123

86 SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. LIST OF EASEMENTS AND LANDS TO BE CONVEYED TO THE MUNICIPALITY The Owner will convey to the Municipality the following road widenings and daylighting triangles, as shown on the Draft R-Plan listed in Schedule B : a) An approximately 2.35m wide strip of land along the north side of Main Street West; b) An approximately 1.5m daylight triangle at the northwest corner of Main Street West and Second Street. The Owner further agrees the conveyance to the Municipality will be free and clear of all encumbrances and at the expense of the Owner, including the cost of the preparation and registration of a reference plan of survey. As the Owner is providing an undersized Daylighting Triangle (4.5m x 4.5m required) and an undersized Road Widening (3.0m required) along Main Street West to the Municipality at this time, any future redevelopment of the site may require the conveyance of the remaining portion of lands in accordance with the Municipality s standards. As per the Town s Official Plan, Second Street is identified as a 20.0m local rightof-way. As such, a road widening is required along the east boundary of the subject property. However, due to the existing encroachment a road widening is not practical at this time. Should any future redevelopment of the site occur in the future, the existing encroachment is to be removed and the applicable conveyances provided to the Municipality. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 86 of 123

87 SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. FURTHER TERMS FORMING PART OF THIS AGREEMENT 1. The Owner agrees to assume all responsibility and liability related to the internal site stormwater ponding and storage, including any and all damages resulting from the designed operating conditions and any and all downstream damages resulting from their removal, modification, or lack of maintenance to on-site controls. 2. The Owner must obtain written approval from the Nottawasaga Valley Conservation Authority, the Town of New Tecumseth or any other jurisdiction having authority, prior to permitting removal of any facilities or modification to the approved design. 3. The Owner agrees that all deliveries for this site will take place in accordance with the Municipality s Noise By-law. 4. The Owner agrees that the waste and recycling pick-up for this site will be in accordance with the Municipality s Noise By-law. 5. The Owner acknowledges the existing sanitary sewer and domestic water service is being used and the Owner does not intend on upgrading these services as part of this development. The Owner is proceeding at his own risk with these services and as such, the Owner agrees that any remediation, repair, or replacement to the existing sanitary service or domestic water services for the length of pipe between the building face and the service main located within the Municipal right-of-way is the sole responsibility of the Owner including any costs associated with the works including but not limited to the decommissioning of existing services to the satisfaction of the Municipality. 6. The Owner acknowledges that he has been made aware by the Municipality that there are a number of Municipal By-Laws that the Owner is expected to abide by during the construction and development activities associated with the Lands. he Owner shall make himself aware of the By-Laws and ensure that activities occurring within the Lands are in accordance with the applicable By-Laws. In addition to the By-Laws set out above, the By-Laws may include, but are not limited to, the following: (a) Municipal Sewers Discharge By-Law ; (b) Reduced Load Limit By-Law ; (c) Open Air Burning By-Law ; (d) Tree Preservation and Compensation By-Law (e) Noise Control By-Law ; and (f) Municipal Addressing By-Law The Owner acknowledges there is an existing encroachment of the building into the Second Street right-of-way. The existing encroachment is acknowledged by both parties through the encroachment agreement in Schedule F of this Agreement. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 87 of 123

88 SCHEDULE "F" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. ENCROACHMENT AGREEMENT 1. The parties acknowledge that the existing building encroaches on the western portion of the Municipality s right-of-way (Second Street) as shown on the Site Plan and on Plan 51R The Municipality hereby grants to the Owner a licence to permit the said Encroachment upon the Road for so long as the Building continues to exist in its present form. Upon the demolition or reconstruction of the Building on the Property, the Owner shall reconstruct the Building within the lot line and the herein licence shall terminate. 3. The Owner shall not, by virtue of the said Encroachment, acquire any possessory title or easement or prescriptive rights over any part of the Road other than as set out in this Agreement. 4. The Owner shall maintain a public liability insurance policy showing the Municipality as an additional insured, as its interest may appear in an amount of not less than two million dollars or such greater amount as the Municipality, in its discretion, decides may be appropriate in the future, taking into account then current circumstances. In any event, and whether or not insurance is maintained, the Owner shall completely indemnify the Municipality against all suits, claims, actions, or demands of any kind whatsoever which may be brought against the Municipality as a result of the Encroachment and this Agreement including its costs on a solicitor and client basis. In the event that the Municipality is called upon to answer any such claim, the Municipality shall have the right to claim over against the Owner by way of action in any court of competent jurisdiction to collect any sums found owing by the Municipality or paid by the Municipality by way of settlement, and may also collect these sums in like manner as taxes. It is understood and agreed by the parties that these remedies are in addition to any other remedies allowed by law to the Municipality for the collection of such amounts in addition to any specific rights of collection as outlined in the Municipal Act, S.O. 2001, C.25, as from time to time amended, or this Site Plan Agreement. 5. The Owner agrees not to hold the Municipality liable for any damage occurring to any element of the building encroaching onto the Town right-of-way including any damage that may be occasioned by Municipality employee-operated equipment. 6. Nothing in this Agreement shall relieve the Owner from complying with all applicable by-laws with respect to any further construction or improvements to the Property. 7. The Owner shall not extend, enlarge or reconstruct the Encroachment, or any part thereof, in any manner whatsoever without the prior written consent of the Municipality. Nothing in this Agreement will constitute an express or implied consent or permission from the Municipality to allow any further extension, enlargement or reconstruction of the said Encroachment. 8. The Owner shall be responsible for all the costs of the Municipality in the preparation execution and registration of this Agreement, including, without limiting the generality of the foregoing, any legal or surveying costs. 9. The parties specifically agree that this Agreement is meant to benefit the lands described in Schedule A of the Site Plan Agreement and will be registered against the title to the said lands at the Municipality s sole discretion and at the Owner s expense. Notwithstanding any future request by the Owner for a Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 88 of 123

89 release of the Site Plan Agreement, or any portion thereof, the provisions of this Schedule F Encroachment Agreement will continue to apply. 10. Any notice required to be given under this Agreement if delivered to the parties or if sent by prepaid ordinary mail addressed to the parties as noted in the Site Plan Agreement. 11. This Agreement shall enure to the benefit of an be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns including any subsequent registered owners of the Property. 12. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Town/ Ontario Limited Site Plan Agreement (D11-BE-016) Page 89 of 123

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91 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number PART LOT CONTROL Blocks 272, 273, 280 and 281 on PLAN 51M-1046 A by-law to remove part lot control from a block on a registered plan of subdivision in the Town of New Tecumseth WHEREAS the Council of the Corporation of the Town of New Tecumseth deems it advisable to enact a By-law pursuant to Subsection 50(7) of the Planning Act to exempt the lands hereinafter described from the Part Lot Control provisions in Subsection 50(5) of the said Act; NOW THEREFORE the Council of the Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That Subsection 50(5) of the Planning Act shall not apply to the following lands: Townhouse Blocks 272, 273, 280 and 281 Plan 51M This By-law shall be cited as the Part Lot Control, Blocks 272, 273, 280 and 281 on Plan 51M-1046 By-law. 3. That this By-law shall expire on February 13, That this By-law shall take effect upon registration in the appropriate Land Registry Office. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, MAYOR CLERK Page 91 of 123

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93 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number PART LOT CONTROL LOTS 95, 96, 100, 101, 107, 111 and 124 on Plan 51M-1077 A by-law to remove part lot control from a block on a registered plan of subdivision in the Town of New Tecumseth WHEREAS the Council of the Corporation of the Town of New Tecumseth deems it advisable to enact a By-law pursuant to Subsection 50(7) of the Planning Act to exempt the lands hereinafter described from the Part Lot Control provisions in Subsection 50(5) of the said Act; NOW THEREFORE the Council of the Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That Subsection 50(5) of the Planning Act shall not apply to the following lands: Plan 51M-1077 Lots 95, 96, 100, 101, 107, 111 and This By-law shall be cited as the Part Lot Control, Lots 95, 96, 100, 101, 107, 111 and 124 on Plan 51M-1077 By-law. 3. That this By-law shall expire on February 13, That this By-law shall take effect upon registration in the appropriate Land Registry Office. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, MAYOR CLERK Page 93 of 123

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95 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number "OPERATING AGREEMENT (ALLISTON TENNIS CLUB) BY-LAW" A by-law to authorize the signing and execution of a five (5) year operating agreement with the Alliston Tennis Club WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS the Council of The Corporation of the Town of New Tecumseth is desirous of entering into a five (5) year operating agreement with the Alliston Tennis Club commencing on February 13, 2017 substantially in the form attached to Report #PRC dated February 6, 2017 and subject to the Town Solicitor s final clearance; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That The Corporation of the Town of New Tecumseth enter into a five (5) year operating agreement with the Alliston Tennis Club commencing on February 13, 2017 substantially in the form attached to Report #PRC dated February 6, 2017 and subject to the Town Solicitor s final clearance. 2. That the Mayor and Clerk be authorized to sign and execute all documents relating thereto. 3. That this by-law shall be cited as the Operating Agreement (Alliston Tennis Club) By-law. 4. That this by-law shall come into force and take effect on the date of final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, 2017 MAYOR CLERK Page 95 of 123

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97 Town of New Tecumseth Management Agreement with Alliston Tennis Club conditional upon the following: a) Each such option to renew must be exercised by notice in writing made to the Town within sixty (60) days of the expiration of the Initial Term or any subsequent renewal term; b) TC must remain constituted as a non-profit organization, including an Annual General Meeting, Executive Committee, etc. operating tennis services for the community. Provided that these conditions have been satisfied, the Town shall not withhold or deny the exercise of any option for a five (5) year renewal. The parties further agree that any renewal of the Initial (or any subsequent) Term shall be under the same terms and conditions set out in this Agreement, provided that it is not in default of complying with any term, provision or condition of this Agreement, during the Term and any renewal term of this Agreement, TC shall have the non-exclusive right to use the Tennis Courts for the purposes described in Schedule 'B' appended hereto, and subject to the restrictions described in Schedule 'A' appended hereto. c) The Tennis Club Executive shall meet a minimum of once per year) to ensure that annual budget allocations can be provided as required for the following year as required. 2.0 TERMINATION 2.1 This Agreement shall terminate as follows: a) at the Town's option prior to the expiry of the Term or any subsequent renewal term set out herein if the Town requires the Tennis Courts for any other municipal purposes, upon the Town providing to the TC (1) year prior written notice of termination; b) at TC's option for any reason, upon TC providing to the Town six (6) months' written notice of termination; c) at the Town's option upon the Town providing written notice to TC at any time if TC is in default of any of the terms and conditions of this Agreement or such default continues for more than sixty (60) days after the Town has given written notice to TC specifying the term or condition that is in default; Page 2 of 11 Page 97 of 123

98 Town of New Tecumseth Management Agreement with Alliston Tennis Club 3.0 COMMUNITY ORGANIZATION Each year following TC's Annual General Meeting, TC shall submit to the Town the required documentation: a) Number of active members b) Number of non-residents and fees owing (20% surcharge on fees) c) Summary of activities that took place at the club d) Financial summary e) Liability Insurance certificate 4.0 FEES AND CHARGES 4.1 Percentage of Capital Project See TC shall pay 100% of all utility (hydro) costs incurred with respect to lighting the Tennis Courts. 5.0 EQUIPMENT The Town will be responsible for the provision of fencing, lights and standards commencing on the date this Agreement. TC will be responsible for the provision of nets, posts, screens commencing on the date of this agreement. 6.0 CAPITAL REPLACEMENT/REPAIR Capital replacement and repair of lighting, light standards shall be the responsibility of the Town, and will be subject to the approval of Town Council through adoption of a capital budget, with such items being identified in a capital forecast to assist in the determination of future. Page 3 of 11 Page 98 of 123

99 Town of New Tecumseth Management Agreement with Alliston Tennis Club 7.0 MAINTENANCE AND REPAIR OBLIGATIONS 7.1 TC will be responsible for one-third (1/3) the cost of the cost of re-surfacing or rebuilding of existing courts, to take place on an 8 10 year cycle. 7.2 Trees - The Town shall be responsible for tree maintenance and trimming as required to prevent overgrowth and branches impacting the fence and lights. 8.0 ALTERATIONS AND/OR IMPROVEMENTS Notwithstanding Paragraphs 7 and 8 herein, TC may be permitted to make repairs to the Tennis Courts provided that TC receives prior written approval from the Town. 9.0 ENTRY BY THE TOWN Each party shall use its best efforts to advise the other party at the earliest possible date in carrying out emergency work necessary to preserve the Tennis Courts. The Town may bring all necessary materials and equipment into the Tennis Courts to complete the necessary work. TC acknowledges and agrees that in carrying out such work, the Town shall not be liable to TC for any interference with the use and enjoyment of the Tennis Courts, or for any interruption or suspension of the supply of electricity, water or other utilities or services on the Tennis Courts INSURANCE The Permit Holder shall insure in respect of liability all property damage and personal injury or claims for such damage or injury with an insurance company satisfactory to the Town. Such policy or policies shall be issued in the joint name of the Permit Holder and the Town or have the Town as an additional named insured, with the form and content to be subject to the approval of the Town. A copy of the policy will be lodged with the Town and have minimum limits of Two Million Dollars ($2,000,000.00), all-inclusive of any one accident or occurrence. The policy will be in effect for the Term of this Agreement together with any renewals. Page 4 of 11 Page 99 of 123

100 Town of New Tecumseth Management Agreement with Alliston Tennis Club 11.0 LIMIT OF LIABILITY The Town will not be liable for the unavailability of the use of the Facility if such unavailability is due to circumstances beyond the control of the Town including fire, labour strikes, emergency or hazardous conditions, or any occurrence that amounts to an Act of God. The Town will use all reasonable efforts to restore the Facility to its normal use but during any such interruption, the rental owed by the Permit Holder will be abated accordingly INDEMNITY 12.1 The Permit Holder shall assume liability for and indemnify and save harmless the Town against all losses, damages, injuries (including death), costs, expenses, liabilities, actions, causes of action, suits, claims and demands of whatsoever kind or nature, including legal costs of the Town, incurred by or asserted against the Town relating to or which may arise either directly or indirectly by reason of the Permit Holder renting the Facility; and 12.2 The Permit Holder shall relieve the Town from any responsibility for theft or damage to any equipment or money belonging to the Permit Holder located within the Facility unless contributed to by the gross negligence or willful conduct of the Town RISK OF INJURY AND DAMAGE TC covenants and agrees to indemnify and save harmless the Town and its employees, members of council, servants, agents and invitees from all claims, damages, losses, costs or charges whatsoever occasioned to or suffered by or imposed upon the Town either directly or indirectly, arising out of this Agreement or from TC's use, occupancy or maintenance of the Tennis Courts herein described or any structure thereon or out of any operation connected therewith or in respect of any accident, damage or injury to any person or property arising as aforesaid, save and except for any claims, damages, losses, costs or charges resulting from the negligent acts, willful misconduct or omissions of the Town ACCIDENT AND INCIDENT REPORTS TC shall provide the Town with copies of written reports with respect to any accident or incident involving a member, participant, invitee or guest within two (2) business days of Page 5 of 11 Page 100 of 123

101 Town of New Tecumseth Management Agreement with Alliston Tennis Club the occurrence of the accident or incident PUBLIC ACCESS TC shall ensure that the courts are available for public use by (a) providing access to the local teachers and students during school hours, and (b) providing programs such as tennis lessons, which are available to the public, through registration and by paying an appropriate fee to participate COMMUNITY RECREATIONAL TENNIS PROGRAM 16.1 TC assumes the responsibility for the administration and delivery of community recreational tennis programming at Tennis Courts. The recreational tennis program will be open to all residents of the Town The Town will provide guidance and support on issues related to recreational programming, and business planning in the best interest of the community TC shall maintain the highest quality of instruction through staff training, assurance of qualifications, mandatory First Aid Training The provision of the TC recreational tennis program shall be provided in a manner that respects the confidentiality, dignity and independence of all participants TC, its directors, officers, employees, agents and volunteers shall hold all personal information confidential in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act. TC shall comply with the requirements of all applicable freedom of information and privacy legislation that may apply to it in collecting, using and disclosing personal information SIGNS TC agrees that it shall not erect any signs on the Tennis Courts without the prior approval of the Town, and that any such approved sign shall identify the Town as the owner of the Tennis Courts through the display of Town logos in such a manner and size as may be dictated by the Town from time to time. TC acknowledges that the Town will be responsible for the posting and maintenance of regulatory signs related to the operation of a public space ASSIGNMENT TC acknowledges and agrees that it has no claim to the use or occupation of the Tennis Page 6 of 11 Page 101 of 123

102 Town of New Tecumseth Management Agreement with Alliston Tennis Club Courts other than as provided in this Agreement, and covenants and agrees that it shall not grant or assign any right or interest under this Agreement without the prior written approval of the Town NOTICES All notices which may or are required to be given under this Agreement shall be in writing and shall be delivered personally or sent by registered mail to the parties at their respective addresses as set out as follows: TOWN: Town Clerk The Corporation of the Town of New Tecumseth 10 Wellington Street East Alliston, Ontario L9R 1A1 Telephone: Ext Fax: pdalmada@newtecumseth.ca PERMIT HOLDER: Alliston Tennis Club Andrew Kokelj, President allistontennisclub@gmail.com Website: allistontennisclub.blogspot.com/ Page 7 of 11 Page 102 of 123

103 Town of New Tecumseth Management Agreement with Alliston Tennis Club IN WITNESS WHEREOF the said Corporate Parties have hereunto affixed their corporate seals or asserted binding authority as attested by their proper signing officers in that behalf. THE CORPORATION OF THE TOWN OF NEW TECUMSETH Per: RICK MILNE, MAYOR Date: Per: CINDY ANNE MAHER, CLERK Date: Position: Clerk/Director of Administration We have authority to bind the Corporation. Per: Name: Date: Position: President I have authority to bind the Corporation. Page 8 of 11 Page 103 of 123

104 Town of New Tecumseth Management Agreement with Alliston Tennis Club Schedule A Regulated Activities For greater clarity, the TC will not permit anyone on the Tennis Courts to, use the said premises for any of the following prohibited activities: a) the sale or supply of any service which in the opinion of the Town would: i. diminish the reputation or character of Keogh Park; ii. constitute unethical, deceptive or fraudulent advertising or selling practices; or iii. be considered a nuisance by the Town. b) the retail sale of food, food products or prepared food products to the general public, unless otherwise approved by the Town; c) the retail sale of alcoholic beverages to the general public unless otherwise authorized by the Town and its policies; d) any unlawful purpose, including but not limited to any use or purpose not permitted under any Town By-laws or policies; and e) any act which may render void or avoidable any policy of insurance held by the Town Page 9 of 11 Page 104 of 123

105 Town of New Tecumseth Management Agreement with Alliston Tennis Club Schedule B Use of Premises a) To provide tennis courts for its members. b) TC agrees it will develop and manage the Tennis Courts. c) TC shall keep the property reasonably clean and clear of garbage, debris and other objectionable material and keep the Tennis courts in good repair. Garbage cans will be supplied by the Town. d) TC shall use the Tennis Courts only for a tennis club including social events for its members and guests and to promote interest in tennis and related activities among its members and community members. e) TC shall abide by all laws and municipal by-laws and policies affecting the use of the Tennis Courts or activities thereon. Page 10 of 11 Page 105 of 123

106 Town of New Tecumseth Management Agreement with Alliston Tennis Club Schedule C L Page 11 of 11 Page 106 of 123

107 THE CORPORATION OF THE TOWN OF NEW TECUMSETH BY-LAW Number "OPERATING AGREEMENT (TOTTENHAM TENNIS CLUB) BY-LAW" A by-law to authorize the signing and execution of a five (5) year operating agreement with the Tottenham Tennis Club WHEREAS the Municipal Act, 2001, as amended, provides that the municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; AND WHEREAS the Council of The Corporation of the Town of New Tecumseth is desirous of entering into a five (5) year operating agreement with the Tottenham Tennis Club commencing on February 13, 2017, substantially in the form attached to Report #PRC dated February 6, 2017 and subject to the Town Solicitor s final clearance; NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby enact as follows: 1. That The Corporation of the Town of New Tecumseth enter into a five (5) year operating agreement with the Tottenham Tennis Club commencing on February 13, 2017, substantially in the form attached to Report #PRC dated February 6, 2017 and subject to the Town Solicitor s final clearance. 2. That the Mayor and Clerk be authorized to sign and execute all documents relating thereto. 3. That this by-law shall be cited as the Operating Agreement (Tottenham Tennis Club) By-law. 4. That this by-law shall come into force and take effect on the date of final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 th DAY OF FEBRUARY, 2017 MAYOR CLERK Page 107 of 123

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