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Regular Council Agenda - 2020/06/04 The Corporation of the Township of Malahide A G E N D A June 4, 2020 7:30 p.m. Springfield & Area Community Services Building 51221 Ron McNeil Line, Springfield ** Note: Due to the COVID-19 situation, this meeting will be held electronically via videoconference.** (A) Disclosure of Pecuniary Interest (B) Approval of Previous Minutes RES 1 (Pages 8 - 13) (C) Presentations/Delegations/Petitions (i) Court of Revision Taylor Drain at Part Lot 15, Concession 4, Geographic Township of Malahide. RES 2 6 (Page 14) (ii) Court of Revision Hansebout Drain Extension 2020 relating to property at Part Lots 29 32, Concessions 1 to 3, Geographic Township of Malahide. RES 7 - 11 (D) Reports of Departments (i) Director of Fire & Emergency Services (ii) Director of Physical Services - Springfield Sewer Collection System: 2019 Performance Report. RES 12 (Pages 15 - 24) - Photo Radar Speed Enforcement. RES 13 (Pages 25 - 27) - Implication of Community Safety Zones. RES 14 (Pages 28 - 30) -Petition for Drainage Valance Petition. RES15(Pages 31 - 35) - Petition for Drainage Dohner Petition. RES 16 (Pages 36 - 40) - Change of Appointed of Drainage Engineer Various Drains. RES 17 (Pages41 - 42 ) (iii) Director of Development & Community Services - Site Plan Agreement County of Elgin. RES 18 (Pages 43 - 56) - Site Plan Agreement 12841591 Ontario Inc. RES 19 (Pages 57 - 70) - Site Plan Agreement Guenther Homes Inc. RES 20 (Pages 71 - 84) (iv) Director of Financial Services/Treasurer (v) CAO/Clerk (E) Reports of Committees/Outside Boards (F) Correspondence RES 21 1. Association of Municipalities of Ontario - Watch File dated May 21 and 28, 2020. (Pages C2 - 7) 2. City of Cambridge Resolution requesting the Province to provide funding for rehabilitation facilities and programs. (Pages C8 - 9) 3. Town of Fort Erie Resolution requesting support for high speed internet connectivity in rural Ontario. (Page C10 - 13) 4. City of Kitchener Resolution requesting Province to pursue a partnership with the Federal Government for the establishment of a universal basic income. (Pages C14 - 15) 5. City of Brantford Resolution requesting Federal, Provincial, and Municipal Governments to proclaim March 17 as Essential Workers Day. (Pages C16 - 17) 6. Town of Aylmer Notice of Virtual Public Meeting regarding an application for Zoning By-law Amendment relating to the property at 50-52 Victoria Street South, Aylmer. (Page C18) (G) Other Business (H) By-laws (i) By-law No. 20-34 To incorporate a parcel on Newell Road as part of the public highways. RES 22 (Page 85) (ii) By-law No. 20-37 To set the final tax rates for 2020. RES 23 (Pages 86 - 90) (iii) By-law No. 20-38 To authorize Agreement with Duncor for Micro- Surfacing and Surface Treatment. RES 24 (Pages 91 - 100) (iv) By-law No. 20-36 To authorize Site Plan Agreement with County of Elgin (Terrace Lodge). RES 25 (Page 101) (v) By-law No. 20-39 To authorize Site Plan Agreement with 1841519 Ontario Inc. (Guenther Transport). RES 26 (Page 102) (vi) By-law No. 20-40 To authorize Site Plan Agreement with Guenther Homes Inc. RES 27 (Page 103) (I) Closed Session (J) Confirmatory By-law RES 28 (Page 104) (K) Adjournment RES 29 **VIDEOCONFERENCE MEETING Note for Members of the Public: In order to respect the State of Emergency declared by the Province of Ontario and not hold public gatherings, please note that the Regular Council Meeting scheduled to be held on June 4, 2020 will be via videoconference only. Please note that, at this time, there is not an option for the public to call in to this meeting. However, we will be livestreaming the Council Meeting via YouTube. Please click the link below to watch the Council Meeting. Link to Malahide Council Meeting Written comments regarding the Council Agenda items are welcome please forward such to the Clerk at mcasavecchia@malahide.ca PLEASE NOTE that the draft resolutions provided below DO NOT represent decisions already made by the Council. They are simply intended for the convenience of the Council to expedite the transaction of Council business. Members of Council will choose whether or not to move the proposed draft motions and the Council may also choose to amend or defeat them during the course of the Council meeting. 1.THAT the minutes of the regular meeting of the Councilheld on May 21, 2020 be adopted as printed and circulated. 2.THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Taylor Drain Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguère Councillor Chester Glinski. 3..THAT the Court of Revision for the Taylor Drain order at 7:____p.m. AND THAT Dave Mennill be appointed Chairman. 4.THAT the Court of Revision members for the Taylor Drain hereby accept the recommendations of Drainage Engineer John M. Spriet, of Spriet Associates; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer,dated April 1, 2020. 5.THAT the Court of Revision relating to the Taylor Drain adjourned and the Council Meeting reconvene at 7:____p.m. 6.THAT the tender for the Taylor Drain Enterprises,in the amount of $9,310.00; subject to the expiration of all appeal periods and subject to no appeals having been received related to the Taylor Drain 7.THAT the Council of the Township of Malahide does hereby appoint the following members to sit on the Court of Revision for the Hansebout Drain Extension 2020: Mayor Dave Mennill (Chair) Deputy Mayor Dominique Giguère CouncillorScott Lewis. 8.THAT the Court of Revision for the Hansebout Drain Extension 2020 be called to order at7:____p.m. AND THAT Dave Mennill be appointed Chairman. 9.THAT the Court of Revision members for the Hansebout Drain Extension 2020 do hereby accept the recommendations of Drainage Engineer M. P. DeVos, ofSpriet Associates; and further, does hereby confirm the drainage assessments as outlined in the Report of the Drainage Engineer, dated January 29, 2020. 10.THAT the Court of Revision relating to the Hansebout Drain Extension 2020 be adjourned and the Council Meeting reconvene at 7:____p.m. 11.THAT the Municipal Staff be directed to request quotations for the construction of the Hansebout Drain Extension 2020; it being noted that no bids were received in response to the previous call for tenders. 12.THAT Report No. PS-20- 13.THAT Report No. PS-20- received; AND THAT no action be taken at this time regarding the implementation of Photo Radar Speed Enforcement; AND THAT, in an effort to educate the public and obtain speed zone compliance, the Municipal Staff be directed to continue to promote the Community Sponsored Radar Speed Sign program; SUBJECT TO a 14.THAT Report No. PS-20- AND THAT the Municipal Staff be authorized and directed to consult with the Amish Safety Committee to document the consideration criteria as presented in support of establishing a Community Safety Zone within the Amish Settlement Area. 15. THAT Report No. PS-20-Petition for Drainage Valance Petitionreceived; AND THAT John M. Spriet, P. Eng., of Spriet Associates Ltd., be 16. THAT Report No. PS-20-Petition for Drainage Dohner Petitionreceived; AND THAT Mike Devos, P. Eng., of Spriet Associates Ltd., be appointed 17.THAT Report No. PS-20-Change of Appointed of Drainage Engineer Various Drains 18.THAT Report No. DCS-20-County of AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with the County of Elgin for the lands located at PT LOT 86 AND 87 CON NTR, Township of Malahide, municipally known as 475 Talbot Street East (Terrace Lodge); SUBJECT TO all of the conditions set out in this Report having been satisfied. 19.THAT Report No. DCS-20-1841591 AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with 1841591 Ontario Inc. relating to the lands located PT LOT 11 CON 9, Township of Malahide, municipally known as 11766 Imperial Road; SUBJECT TO all of the conditions set out in this Report having been satisfied. 20.THAT Report No. DCS-20-Guenther AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with Guenther Homes Inc., relating to the landslocated PT LOT 15 CON 8, Township of Malahide; SUBJECT TO all of the conditions set out in this Report having been satisfied. 21.THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated May 21 and 28, 2020. 2.City of Cambridge Resolution requesting the Province to provide funding for rehabilitation facilities and programs. 3.Town of Fort Erie Resolution requesting support for high speed internet connectivity in rural Ontario. 4.City of Kitchener Resolution requesting Province to pursue a partnership with the Federal Government for the establishment of a universal basic income. 5.City of Brantford Resolution requesting Federal, Provincial, and Municipal Governments to proclaim March 17 as Essential Workers Day. 6.Town of Aylmer Notice of Virtual Public Meeting regarding an application for Zoning By-law Amendment relating to the property at 50-52Victoria Street South, Aylmer. 22.THAT By-law No. 20-34, being a By-law to incorporate a parcel on Newell Road as part of the public highways,be given first, second,and third readings, and be properly signed and sealed. 23.THAT By-law No. 20-37, being a By-law to set the 2020 tax rates and levies, be given first, second, and third readings, and be properly signed and sealed. 24.THAT By-law No. 20-38, being a By-law to authorize the execution of an Agreement with Duncor Enterprises Inc. for the supply and placement of Micro Surfacing and Surface Treatment, be given first, second,and third readings, and be properly signed and sealed. 25.THAT By-law No. 20-36, being a By-law to authorize the execution of a Site Plan Agreement with the County of Elgin (Terrace Lodge), be given first, second and third readings, and be properly signed and sealed. 26.THAT By-law No. 20-39, being a By-law to authorize the execution of a Site Plan Agreement with the1841591 Ontario Inc. (Guenther Trucking), be given first, second and third readings, and be properly signed and sealed. 27.THAT By-law No. 20-40, beinga By-law to authorize the execution of a Site Plan Agreement with theGuenther Homes Inc., be given first, second and third readings, and be properly signed and sealed. 28.THAT By-law No. 20-35,being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. 29.THATtheCounciladjournits meetingat ______ p.m.to meet again on June 18, 2020, at 7:30 p.m. 20-107 May 21, 2020 7:30 p.m. ________________________________________________________________ The Malahide Township Council met via videoconference. The Manager of Information Technology and the Deputy Clerk were present in the Council Chambers located in the Springfield & Area Community Service Building, at 51221 Ron McNeil Line, Springfield. Due toCOVID-19 and public health concerns, public attendance was not permitted at this meeting. The Mayor and other Members of Council participated remotely. The following members were present: Council via Videoconference: Mayor D. Mennill, Deputy Mayor D. Giguère, Councillor R. Cerna, Councillor C. Glinski(8:12 p.m.), Councillor S. Lewis, Councillor M. Moore, and Councillor M. Widner. Staff present in Council Chamber:Manager of Information Technology C. Coxen and Deputy Clerk D. Wilson. Staff via Videoconference:Chief Administrative Officer/Clerk M. Casavecchia- Somers, Director of Fire and Emergency Services B. Smith, Director of Development and Community Services E. DiMeo, Director of Physical Services M. Sweetland,andDirector of Financial Services A. Mohile. CALL TO ORDER: As a result of technical difficulties, the call to order of the meeting was delayed. Mayor Mennill took the Chair and called the meeting to order at 7:59p.m. DISCLOSURE OF PECUNIARY INTERESTandthe General Nature thereof: Councillor M. Widner disclosed a pecuniary interest with respect to the following: (i)Council Agenda ItemD(oi) regarding the Director of Physical Services Report Kettle Creek Drain. The nature of the conflict being that aJunior Partner at Spriet Associates is an immediate relative of his. 20-108 MINUTES: No. 20-183 Moved by:Max Moore Seconded by:Scot Lewis THAT the minutes of the regular meeting of the Councilheld on May 7, 2020 be adopted as printed and circulated. Carried. REPORTS: Director of Fire and Emergency Services -Emergency Services Activity Report -April No. 20-184 Moved by:Scott Lewis Seconded by:Rick Cerna THAT Report No. F-20-Emergency Services Activity Report April. Carried. Director of Physical Services Councillor Widner declared a conflict of interest with respect to Council Agenda Item (D) (ii) relating to Spriet Associates, retired from the meeting, and abstained from all discussions and voting on the matter. -Kettle Creek Drain No. 20-185 Moved by:Dominique Giguère Seconded by:Max Moore THAT Report No. PS-20-Kettle Creek AND THAT Mike Devos, P. Eng., of Spriet Associates, be appointed to Carried. 20-109 Councillor Widner resumed his seat in the videoconference meeting. -Tender Results: 2020 Supply and Place Surface Treatment No. 20-186 Moved by:Rick Cerna Seconded by:Scott Lewis THAT Report No. PS-20- AND THAT the 2020 Supply & Place Surface Treatment work be awarded to Duncor Enterprises Inc.; AND THAT the Mayor and Clerk be authorized to enter into an agreement with Duncor Enterprises Inc., of Barrie, Ontario, for the purpose of completing the 2020 Surface Treatment Program. Carried. Councillor Glinksijoined the meeting via videoconference at 8:12 p.m. -Request for SignageAmish Safety Committee In response toan inquiry from Councillor Widner, the Director of Physical Services advised that the Municipal Staff did not recommend the installation of flashing amber lights on municipal signs when MTO warrants were not met. The Director noted that he would consult withthe Ontario Provincial Police to determine whether the Police would support such installation of flashing lights and respond back to the Council in the near future. No. 20-187 Moved by:Scott Lewis Seconded by:Chester Glinski THAT Report No. PS-20-Amish Safety AND THAT Municipal Staff be authorized and directed to proceed with the installation of additional safety signage within the Amish Settlement Area. Carried. -Request for Additional Roadside Mowing Amish Safety Committee No. 20-188 20-110 Moved by:Chester Gllinski Seconded by:Mark Widner THAT Report No. PS-20- Mowing Amish Safety Committe AND THAT the Municipal Staff be authorized and directed to proceed with additional roadside mowing within the Amish Settlement Area. Carried. REPORTS OF COMMITTEES/OUTSIDE BOARDS: No. 20-189 Moved by:Rick Cerna Seconded by:Max Moore THAT the following Reports of Committees/Outside Boards be noted and filed: (i)Long Point Region Conservation Authority -Annual General Meeting of Board of Directors February 28, 2020. -Special Meeting of Board of Directors April 22, 2020. Carried. CORRESPONDENCE: No. 20-190 Moved by:Mark Widner Seconded by:Scott Lewis THAT the following correspondence be noted and filed: 1.Association of Municipalities of Ontario -Watch File dated May 7 and 14, 2020. 2.Town of Midland and Township ofMontague Resolution requesting Federal Government to provide grant funding to Municipalities in order to waive property taxes for the year 2020. (Federation of Canadian Municipalities information relating to urgent request for emergency operating funding for municipalities using new hybrid formula modelled on Federal Gas 20-111 Tax Fund and ridership-based allocations for municipalities that operate transit systems.) 3.Township of North Frontenac Resolution requesting Province to consider lifting the prohibition on residential construction where no building permit had been issued prior to April 4, 2020, in all instances where construction can take place in accordance with 4.Municipalityof Central Elgin Notice of Passing of a Zoning By- law Amendment relating to the property at 116 Coulter Avenue. Carried. OTHER BUSINESS: -Renewal of Contract with Independent Resolutions Inc. No. 20-191 Moved by:Max Moore Seconded by:Scott Lewis THAT the County of Elgin be advised that the Malahide Township Council is supportive of extendingthe current contract with Independent Resolutions Inc. as Integrity Commissioner/Closed Meeting Investigator/ Ombudsman for the Township of Malahide effective January 1, 2021 until December 31, 2022, with the existing terms and conditions as the previous contract and with no change in fees for another two (2) years, if agreed to by Elgin County, Middlesex County,and Elgin municipalities. Carried. CONFIRMATORY: No. 20-192 Moved by:Dominique Giguère Seconded by:Max Moore THAT By-law No. 20-33,being a Confirmatory By-law, be given first, second and third readings, and be properly signed and sealed. Carried. 20-112 ADJOURNMENT: No. 20-193 Moved by:Mark Widner Seconded by:Chester Glinski THATtheCounciladjournits meetingat 8:20p.m.to meet again on June 4, 2020, at 7:30 p.m. Carried. _____________________________________ Mayor D. Mennill ____________________________________ Clerk M. Casavecchia-Somers TOWNSHIP OF MALAHIDE SUMMARY OF TENDERS Taylor Drain Branch D (Prices do not include HST) $9,310.00 In attendance: Talya Jones Report toCouncil REPORT NO.:PS-20-12 DATE: May 25, 2020 ATTACHMENT:Springfield Wastewater Collection SystemOperations Report:Fourth Quarter 2019Report,OCWA Monthly Metered Flow Chart SUBJECT:Springfield Wastewater Collection System: 2019Performance Report Recommendation: THAT Report No. PS-20-129 Background: The Springfield wastewater collection system consists of approximately 6,026.4 metersof sanitary sewer pipe, approximately80 maintenance access holes, and the main pumping station on Springfield Road. There is also a 6-inch sewer forcemain thatpumps the wastewater from the pumping station to the Ontario Police College (OPC). Wastewater from the OPC and Springfield collection system flow to OPC pumping station where wastewater is then pumped to the Aylmer Lagoons for treatment. The collection system services approximately 289 connections consisting of mostly residential, but does include some institutional and commercial properties. The Ontario Clean Water Agency (OCWA), under contract with the Township, is responsible for the day-to-day operations and maintenance of the Springfield collection system, pumping station, and the forcemain to the OPC. Comments/Analysis: Operational Performance: 3 In 2019, the total flow through the collection system was 104,076cubic meters(m). This is an 3 increase of 16,123 mcompared to 2018.s review is the monthly metered 3 flow for 2019.Average daily flow in 2019was 285.6 m/day, which is a 15.3%increase 3 compared to 2018. The average daily flow in 2018was 241.8 m/day. There were no wastewater backups reported by the public in 2019. No recorded by-pass events from the wet well at the SpringfieldSPS in 2019. There were noMECP or MOL inspections in 2019. General Maintenance: Monthly testing of general alarms (high/low level, power failure) Annual maintenance of stand-by generator Monthly load testing and operation of Stand-by generator Pumps were inspected and oil changed One pump (1 of 3 pumps) was sent for a rebuild bythe manufacturerand then put back in service One pump was repaired by and tested by the manufacturer. This pump is now stored at the station as a spare. It can be put in service if a major pump failure were to occur. Wet well cleaning completed at pumping station in May and November Rain gauge calibrations. Sewer Cleaning: In 2019, the Staff retained a contractor to flush and CCTV approximately 2,546metresof gravity sewer piping. Inspection results were positive. The collection system is in excellent condition. This type of maintenance is integral to maintaining the overall performance of the collection system and allows deficiencies to be identified and corrected through the inspection process. Alarms: OCWA responded to various alarms in 2019. Alarms response were related to power failures, communication loss alarms,and pump faults. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. Our Local Pillar relates to review departmental operations to determine where financial efficiencies can be found through centralizing appropriate operations, undertaking organizational reviews and work flow, aConducting regular inspections of sanitary sewer infrastructure works to achieve this goal. Submitted by:Approved by:Approved for Council by: Sam GustavsonMatt Sweetland, P.Eng., Water/Wastewater Operations Director of Physical Services Manager Springfield Wastewater Collection System Operations Report Fourth Quarter 2019 Submitted by: Ontario Clean Water Agency Date: January 28, 2020 Springfield Wastewater Collection System, Operations Report Page 1 Facility Description Facility Name: Springfield Wastewater Collection System Regional Manager:Dale LeBritton (519) 476-5898 Business Development Manager: Jackie Muller(519) 643-8660 Facility Type:Municipal Classification:Class 2 Wastewater Collection Title Holder:Municipality Operation Status:OCWA Service Information Area(s) Serviced:Community of Springfield Population Serviced:600 Operational Description Sanitary sewers connected to one pumping station for the community of Springfield in the Township of Malahide. The Springfield Pump Station pumps wastewater to the Ontario Police College Pump Station and then it is pumped to the Aylmer Lagoons. Springfield Wastewater Collection System, Operations Report Page 2 Springfield Wastewater Collection System, Operations Report Page 3 Springfield Wastewater Collection System, Operations Report Page 4 Springfield Wastewater Collection System, Operations Report Page 5 Springfield Wastewater Collection System, Operations Report Page 6 Springfield Wastewater Collection System, Operations Report Page 7 Report toCouncil REPORT NO.:PS-20-18 DATE: May 25, 2020 ATTACHMENT:None SUBJECT:Photo Radar Speed Enforcement Recommendation: THAT Report No. PS-20-18Photo Radar Speed Enforcement AND THAT no action be taken at this time regarding the implementation of Photo Radar Speed Enforcement; AND THAT, in an effort to educate the public and obtain speed zone compliance, the Municipal Staff be directed to continue to promote the Community Sponsored Radar Speed Sign program;SUBJECT TO a recommendation from the Township Community Policing Committee. Background: As of December 1, 2019, through the R amendment tothe Highway Traffic Act, the Province of Ontario has allowed Municipalities to enforce speed limits through the use of photo radar in school and community safety zones with speed limits of less than 80 km/hr. At the request of the Council, the MunicipalStaff have prepared a report to review this program and its application within the Township. Comments/Analysis: The Safer School Zone Act (Bill 65) introduces Automated Speed Enforcement as a tool for municipalities to enforce speeding offences in Community Safety Zones where the speed limit is below 80 km/hr and in school zones to improve road safety. This amendment which took effect on December 1, 2019 and includes a number of conditions, mandated within the regulations for ASE camera systems forenforcement which include: 1.ignage isto be posted in a visible location, warning drivers of the photo radarlocation90 days before coming into effect, during which time offendersmay receive a warning; 2.Once cameras are in place, the the device will be used, in a visible locationon the right side of the road; and 3.A review of the implemented ASE program is to be conducted by the Parliamentary Assistant to the Minister of Transportation after 180 days to determine whether the program is operating as intended of if further changes are needed. Each time the mobile ASE device is moved, steps 1 and 2 above must be implemented. in a visable locationwhile the cameras are being used. Other limitations to these ASEenforcement technologies are that only the license plate and vehicle used in the commissionof the officecan be identifiedand not necessarily the offending driver. Accordingly, driver-based penalties such as demerit points and license suspensions do not apply under this program, and only owners of vehicles that are used to violate speed limitswhere ASE systems are used are fined. Additionally, ASE systems may only be implemented in Community Safety Zones as designated through by-law to identify and advise motorists they are within a zone where public safety is of special concern, including school areas. The use of any potential ASE devices areadditionallylimited to only those roads with posted speeds less than 80 km/hr. The approximate cost associated with recent contracts obtained competitively by large cities in Ontario estimate the cost of ASE programs at up to$1,000,000 per year which generally includes,supply and installation of one to two mobile cameras,ASE infraction processing, provincial court administration and education, awareness and signage.Cities whopropose to implement these systems generally anticipate ticket revenue to offset the capital and maintenance costs. Given the relatively new adoption of these programs which are being piloted by large cities within the Province with a considerable network of roads with posted speeds less than 80 km/hr, partnered with the anticipated significant cost to implement these programs, the Staff do not recommend pursuing the initiative of Automated Speed Enforcement at this time. Being that the ultimate goal of Automated Speed Enforcement is to adjust driver behavior, rather than the generation of revenue from driving infractions, education and awareness is essential to ensure the safety of vulnerable road users. As the Council will recall, at the regular meeting oftheCouncil held on September 20, 2018, Report No. PS-18- received and supported to allow for Malahide communitygroups to petition and sponsor the installation of speed radar signage given point Committee and upon full financing/sponsorship from the petitioning community group. Township Staff estimate the capital cost of the procurement and installation of radar speed signage to be $5,000for a given location, plus regular routine maintenance and battery replacement (estimated to be approximately $200/year). This process is similar in nature to that employed in the Municipality of Central Elgin as well as the process that the Malahide Council employed with the Amish Community Safety Committee. Additionally, the Township regularly conducts and analyzestraffic counts and speed reports on its local roads. With regular contact with the OPP, the Township continues to advise of outlier areas where regular speed limit exceedance is experienced which assists OPP with targeting enforcement areas. Summary: The Safer School Zone Act (Bill 65) allows Municipalities to use Automated Speed Enforcement systems such as photo radar as a tool to enforce speeding offences within designated community safety zones with speed limits less than 80 km/hr. The Municipal Staff do not recommend undertaking photo radar speed enforcementas the regulations mandated under the Act disqualifies the majority of Township roads from participation in such a program, partnered with the significant expected financial cost of the program. Financial Implications to Budget: there will be no budget implications at this time. The Municipal Staff would be pleased to work with the Community Policing Committee to attemptto securegrantsas they become available to help offset the capital costs of radar speed signswhich are requested by petitioners under the existing program. The ongoing future maintenance costs of this program would be borne by the municipality. A future Council could, at its discretion, always decide to remove or replace the radar speed signs should their maintenance costs become burdensome. At this time,however, the Staff believe that the maintenance cost of such signs can be incorporated into existing budgets without impact. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support Financial Efficiency throughout Decision. Ensuring that the cost of maintaining works to achieve this goal. Submitted by:Approved for Council: Matt Sweetland, P.Eng. Director of Physical Services Report toCouncil REPORT NO.:PS-20-27 DATE: May 25, 2020 ATTACHMENT:None SUBJECT:Implication of Community Safety Zones Recommendation: THAT Report No. PS-20-27Implication of Community Safety Zones received; ANDTHAT the Municipal Staff be authorized and directed to consult with the Amish Safety Committee to document the consideration criteria as presented in support of establishing a Community Safety Zone within the Amish Settlment Area. Background: As the Council is aware, in 2019, the Council requested the Municipal Staff to report back on the implication of requesting the establishment of a Community Safety Zone (CSZ) within the Amish Settlement Area. This was in response to concerns brought forthby the Amish Safety Committee relating to the interaction between vehicles and the vulnerable users on the Malahide road network which includedpedestrians, horse and carriages, and cyclists. Comments/Analysis: A Community Safety Zone(CSZ)isdefined as asection of roadway where public safety is of special concern. Section 214.1 of the Highway Traffic Act allows the Council to special concern on that part of the roadway. While traffic laws remain the same, the purpose of a CSZ is to indicate to motorists that they are within a zonewhere fines for moving violations have been increased. Motorists committing an offence within the CSZ, areliable, upon conviction, to a fine typically double that of the originalfine. Demerit points from traffic infractions within a CSZ remain unchanged. It is imperative that warranting an increased awareness of community activity adjacent to the roadway. The implementationof aCSZ designation without dueconsideration of the location and documented traffic violationand collisionhistory could become counter-productive to the goal of traffic and pedestrian safety. A considerable part of adherence to speed in a CSZ relies on signage and enforcement, which would have some financial impact to the Townshipdepending on the location(s) of road segments designated andtheimpact to OPP traffic management plans within the detachment area. Accordingly, it is the Staffs opinion that consistent criteria regarding the eligibility of a locations consideration for CSZ designation is required, to ensure that a location is in fact recognized as a special situation, and alternative methods of traffic calming are not discounted. Criteria required for consideration of establishing a CSZ would include: Collision and Personal Injury History, Volume of Pedestrian Traffic, Proximity to school(s) and/or related uses which expose vulnerable groups to traffic related hazards, Persistent concerns related to speeding and other traffic offences, and Letters of support from local businesses/citizens concerned with road safety issues. Increased conformance to traffic measures lies with education, and using enforcement as a final measure. It is the S such as signage and news releases be monitored together with communications from the Amish Safety Committee for compliance. Should these advisory notices cease to provide an increased level of safety throughout the Amish Settlement Area, and upon successive collection of data relating to the above noted criteria, the establishment of a CSZ could be considered. Summary: Municipal Councils are authorizedto designate sections of roadways under their jurisdiction as Community Safety Zones, in order to increase the financial penalty for moving violations. Significant data collection is required in order to determine whether establishing a CSZ within the Amish Settlment Area is needed or appropriate, and whether alternitve educational measures could better achieve the desired traffic awareness. The Municipal Staff would be pleased to work with the Amish Safety Committee to monitorthe above- mentionedcriteria. Financial Implications to Budget: there will be no direct material cost associated with monitoring the suggested criteria to determine the justification for establishing a Community Safety Zone. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. Strategic Pillar is Design Healthy & design and planning assists to achieve this goal. Submitted by:Approved for Council: Matt Sweetland, P.Eng. Director of Physical Services Report toCouncil REPORT NO.:PS-20-28 DATE: May 14, 2020 ATTACHMENT:Petition and Sketch SUBJECT:Petition for Drainage ValancePetition Recommendation: THAT Report No.PS-20-28entitledPetition for Drainage ValancePetition received; AND THAT John M. Spriet, P. Eng.,of SprietAssociatesLtd.,be appointed to Comments/Analysis: The Township of Malahide has received a petition for drainage (petition and sketch attached)from the landowner at 51655 Lyons Line.The petition is to construct a new branch drainunder LyonsLine. Jordon Valance haspetitioned to have the existing Branch 2 of the W. Shively Drain extended to the north side of LyonsLineto provide a legal outlet forhis property on the north side of the road.The estimated length of the project is 30meters.Asketchis attached showing the location of the property. Once a landowner submits a petition, the Township is required under the Drainage Act, R.S.O.1990, to appoint a Drainage Engineer to prepare a Drainage Report for the Council to address the request. The Staff are recommending thatSpriet AssociatesLtd.be appointed by the Council to prepare the report. The estimated construction date is Fall of 2020. Financial Implications to Budget: N/A. Summary: The Township has received a petition for drainage. The Staff are recommending that Spriet Associates Ltd.be appointed by the Council to prepare the Drainage Report. The estimated construction date is Fallof 2020. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the . Ensuring that the cost of maintaining municipal infrastructure is equitably borne by current and future works to achieve this goal. Submitted by:Approved by:Approved for Council: Bob Lopez,Matt Sweetland, P.Eng., Engineering Technologist/Director of Physical Drainage SuperintendentServices Report toCouncil REPORT NO.:PS-20-29 DATE: May 15, 2020 ATTACHMENT:Petition and Sketch SUBJECT:Petition for Drainage DohnerPetition Recommendation: THAT Report No.PS-20-29entitledPetition for Drainage Dohner Petition received; AND THAT Mike Devos, P. Eng.,of SprietAssociatesLtd.,be appointed to Comments/Analysis: The Township of Malahide has received a petition for drainage (petition and sketch attached)from alandowner at 51710Nova Scotia Line. Peter Dohner has petitioned to have an additional branch added to the existing Tate Drain to provide a legal outlet for his property on the west side of Sawmill Road. A sketchis attached showing the location of the property. Once a landowner submits a petition, the Township is required under the Drainage Act, R.S.O.1990, to appoint a Drainage Engineer to prepare a Drainage Report for the Council to address the request. The Staff are recommending thatSpriet AssociatesLtd.beappointed by the Council to prepare an Engineers Report under Section 65of the Drainage Act R.S.O.1990. Financial Implications to Budget: N/A. Summary: The Township has received a petition for drainage. The Staff are recommending that Spriet Associates Ltd.be appointed by the Council to prepare the Drainage Report. The estimated construction date is Fallof 2020. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon fourpillars of sustainability: Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the . Ensuring that the cost of maintaining municipal infrastructure is equitably borne by current and future works to achieve this goal. Submitted by:Approved by:Approved for Council: Bob Lopez,Matt Sweetland, P.Eng., Engineering Technologist/Director of Physical Drainage SuperintendentServices Report toCouncil REPORT NO.:PS-20-30 DATE: May 29, 2020 ATTACHMENT:None SUBJECT:Change of Appointedof Drainage Engineer Various Drains Recommendation: THAT Report No.PS-20-30entitledChange of Appointed of Drainage Engineer Various Drains Background: As the Council may be aware,while he was employed with Cyril J. Demeyere Limited, Matt Sweetland,P. Eng.,was appointed to prepare Engineer Reports for the several municipal drainprojectsin the Township of Malahide. Mr. Sweetland has since joined the Township of Malahideas the Director of Physical Services. CJDL has informed the Township of Malahidethat Andrew Gilvesy, P. Eng., has replaced Mr. Sweetland as the appointed Engineer for three (3) specific municipal drain projects. They are as follows: -S. Ryan Drain (Bossuyt petition) -Taylor Drain (Friesen petition) -Laidlaw Drain (Guenther petition). Comments/Analysis: This report is being provided to the Council to provide update on the change of appointed Drainage Engineer. Nofurther action is required at this time. Financial Implications to Budget: N/A. Relationship to Cultivating Malahide: The Cultivating Malahide Integrated Community Sustainability Plan (ACSP) is based upon four pillars of sustainability:Our Land, Our Economy, Our Community, and Our Government. One of the goals that support the Financial Efficiency throughout Decision.Providing updates to the Council on the status of various infrastructure projects works to achieve this goal. Submitted by:Approved by:Approved for Council: Bob Lopez, Engineering Technologist/ Drainage Superintendent Report toCouncil REPORT NO.:DCS-20-16 DATE: June 4, 2020 ATTACHMENT:Draft Site PlanAgreement County of Elgin SUBJECT: Site PlanAgreement County of Elgin ______________________________________________________________________ Recommendation: THAT Report No. DCS-20-16Agreement County of Elgin received; AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with the County of Elginfor the lands located at PTLOT 86 AND 87 CONNTR, Township of Malahide, municipally known as 475 Talbot Street East (Terrace Lodge);SUBJECT TO all of the conditions set out in this Report having been satisfied. Background: proval to enter into a site plan agreement with the County of Elgin for the renovation and addition to Terrace Lodge Long Term Care Home locatedatPT LOT 86 AND 87 CON NTR, Township of Malahide, and municipally known as 475 Talbot Street East. Comments/Analysis: The Municipal Staff have reviewed the proposal and recommend that the Council authorize the Mayor and the CAO/Clerk to enter into a site plan agreement with the County of Elgin,once all of the following conditions have been met: a)Thatall application fees as set out in the site plan agreement and the -law be paid in full. b)Proof of Liability Insurance being submitted to the Township in the amount of $5,000,000.00. c)A Letter of Credit in the amount set out in the siteplan agreement being submitted to the Township. Financial Implications to Budget: The full cost of the development and planning process is at the expense of the applicant and has no impOperating Budget. Relationship to Cultivating Malahide: The Cultivating MalahideIntegrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. One of the goals that support th supporting this and facilitating this proposal the Council is achieving this goal. Submitted by:Approved by:Approved ForCouncil: Allison Adams,Eugenio DiMeo, Director Community of Development & Services ClerkCommunity Services SITE PLAN AGREEMENT THE CORPORATION OF THE COUNTY OF ELGIN AND THE CORPORATION OF THE TOWNSHIP OF MALAHIDE Part Lot 86 & 87, Concession NTR Township of Malahide THIS AGREEMENTmade this _____day of______________, 2020. B E T W E E N: THE CORPORATION OF THE COUNTY OF ELGIN Hereinafter called the OWNER OF THE FIRST PART -AND - THE CORPORATIONOF THE TOWNSHIP OF MALAHIDE Hereinafter called the TOWNSHIP OF THE SECOND PART WHEREASthe Owner is the owner in fee simple of the lands situate in the Township of Malahide, in the County of Elgin being Part of Lot 86 & 87 Concession NTRmore particularly described in Schedule Aattached hereto (and hereafter referred to as the Lands); AND WHEREASthe Official Plan of the Township of Malahidein effect, designates the entirety of the Townshipas a site plan control area; AND WHEREASthe Owner intends to develop the lands in accordance with the Site Plan attached hereto, as Schedule A(and hereafter referred to as the Plan); AND WHEREASthe Township,as a condition of development of the lands requires the Owner to enter into a Development Agreement; NOW THEREFOREin consideration of other good and valuable consideration and the sum of Two Dollars ($2.00)of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Townshipas follows: 1.The Owner agrees that no building permit will be available until the Plan has been approved by the Township, and further agrees that work will not commence prior to the issuance of the building permit. 2.The following Schedules, which are identified bythe signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: EXHIBIT ASITE DEVELOPMENT& SERVICING PLAN EXHIBIT BSTORM WATER MANAGEMENTREPORT & TRAFFIC IMPACT STUDY EXHIBIT CCERTIFICATE OF COMPLIANCE 3.Schedule Ahereto describes the lands affected by this Agreement. 4.Exhibit ASITE DEVELOPMENT & SERVICING PLAN, showsas applicable: a)the proposed location and height of all buildings and structures to be erected; b)the location of vehicular entrances and exits; c)the location and provision of off-street vehicular loading and parking facilities, including driveways for emergency vehicles; d)walkways and all other means of pedestrian access; 5.The Owner agrees that the building or buildings will be erected in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6.The Plan also showsthe; a)lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Township); b)location of utilities within the road allowance and site connections to these utilities; c)building finished floor elevations; d)other information as required by the Township 7.STORM WATER MANAGEMENT REPORT & TRAFFIC IMPACT STUDY a)The Storm water management report establishing the pre-development and post-development quantity and quality of storm waterfor a 100 year storm event. b)The sediment and erosion control measures stated in the report are to be followed by the developer during construction. c)As per MTO requirements, the traffic impact study examinesthe impact the development will have on the Provincial Highway #3. 8.The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 9.The Owner further agrees that: a)finalgrades and elevations will be established to the satisfaction of the Township. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of theLetter of Credit. b)allnecessary provisions for service connections on site will be made to the satisfaction of the Township. c)constructionwork will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d)all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safetywill, so far as possible, be taken and which comply with The Construction Safety Act. e)all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. f) except those lands identified in Schedule Ato this agreement; and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Townshipmay go in and do the same at the taxes or from the Letter of Credit deposited as performance security. g)stock-piling of snow will not be allowed on the site where it will constitute a hazard in the opinion of the Township. h)the electrical servicing of the property shall be subject to the approval of Hydro One. i)upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Township, in addition to any other remedy, maygo in and do same at the Owners expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. j)the Townshipmay treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. k)nothing in this Agreement constitutes waiver of the owners duty to comply with any by-law of the Townshipor any other law. 10.The Owner shall: a)be responsible for consulting with Hydro Oneregarding any mattersthat relate to services provided by Hydro One. 11.The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the appropriate Conservation Authority,the Ministry of the Environmentand the Ministry of Transportation.The owner also acknowledges that they are agreeing to the following conditions set out by the Ministry of Transportation: a)t jurisdiction of the Ministry of Transportation. The development comes within the scope of the permit provisions of Sections 34(2) and 34(16) of the Public Transportation and Highway Improvement Act. Ministry issued permits and approval are required in advance of any site work. b)the Owner agrees that no work shall commence prior to the issuance of MTO permits. c)the Owner agrees that any damage to the Ministry of Transportation property adjacent to the subject lands, that has been deemed to have occurred as adirect result of development activity on the subject lands, either during or after site alternation and construction, will be repaired and/or returned to a condition satisfactory to the Ministry of Transportation, at the sole expense of the Owners. 12.The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Townships Fire Chief. 13.The Owner agrees to pay for damages to public property including but not limited to municipal drain,ditches, street surfaces, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Townshipat the expense of the Owner, within thirty (30) days notice. 14.Any and all lighting shall be installed andmaintained so as to not, in the opinion of the Township, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 15.The Owner shall landscape and maintain plants and ground cover acceptable to the Township, on those lands so indicated on the Site Plan. 16.If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Township, a letter addressed to the Township, and signed by the said Architect or Professional Engineer, certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 17.The Township, through its servants, officers and agents, including its Chief Building Official, Fire Chief, and TownshipEngineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a)the progress of development; b)the state of maintenance as provided for in this Agreement. 18.In the event of any servant, officer or agent of the Township, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 19.In the event of any servant, officer or agent of the Township, upon inspection, be of the opinion thatthe state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Township of Malahide, as hereinafter provided. 20.In the event that theOwner should disagree with the opinion of the servant, officer or agent of the Township, as to the state of maintenance, such Owner shall appear before the Council of theTownship of Malahide, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 21.In the event that the Owner shall fail to obey a stopwork order issued under Section 18hereof, the Owner recognizes the right of the Townshipto apply to the Courts for a restraining order. 22.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 18or after notice of an opinion, which the Council of the Township of Malahidedetermines is correct, under Section 18, the Council of the Township of Malahide, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By-Law, that such matter or thing be done by the Township, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 23.Unless otherwise authorized, in the event of theOwner wishing to change at any time, the buildings, structures or facilities described in Exhibit Aand B, it shall make application to the Council of the Township of Malahide, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 41 of The Planning Act, 1990, hereinbefore referred to. 24.The Owner agrees to pay to the Townshipall administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 25.CAPITAL CHARGES The following capital charges are to be paid at the time that this Agreement is signed. 26.SITE PLAN REVIEW FEE TheOwnershall pay to the Township, in cash or by certified cheque, an amount of Two Thousand, ($2000.00) DollarsDeposit, per application, for Site Plan Review.As set -Law 13-54being a By-Law for the purpose of establishing user fees & rates. 27.LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Townshipwith a Liability Insurance policy in the amount of $5,000,000.00per occurrence, and in a form satisfactory to the Township, indemnifying the Township from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Township. 28.PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before_N/A_ an extension to this agreement/project, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Townshipwith a Letter of Credit, equal to $10,000.00.The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and guttersand drains, and any repairs for damages to public property, roadway, curbs and gutters and drains, plus all site specific components as defined by the , which are approved under this Agreement. The amount of the Letter of Credit shall be established by theTownship. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Townshipat any time or in part, from time to time, upon written notice from the Township, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 29.This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Townshipwith respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 30.In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Townshipmay, at its option, on one months notice to the owner, declare this Agreement to be subject to re- negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re-negotiated. 31.The Owner agrees that it willnot call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Townshipto enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppelsagainst the Owner in any case. 32.The Owner agrees on behalf of themselves,their heirs, executors, administrators and assigns, to save harmless and indemnify the Township, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Townshipby any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 33.All facilities and matters requiredby this Agreement shall be provided and maintained by the Owner atits sole risk and expense to the satisfaction of the Townshipand in accordance with the standards determined by the Townshipand in default thereof, and without limiting other remedies available to the Township, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 34.This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Townshipshall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 35.A Certification of Compliance attached hereto as Exhibit , shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and dulyattested to by their authorized signing officers in that behalf. _____________________ THE CORPORATION OF THEDATE COUNTY OF ELGIN CORPORATION OF THE TOWNSHIP OF MALAHIDE _____________________ MAYOR, D MENNILLDATE CAO/CLERK MICHELLE CASAVECCHIA-SOMERS CORPORATION OF THE TOWNSHIP OF MALAHIDE SITE DEVELOPMENT & SERVICING PLAN CORPORATION OF THE TOWNSHIP OF MALAHIDE STORM WATER MANAGEMENT REPORT & TRAFFIC IMPACT STUDY CORPORATION OF THE TOWNSHIP OF MALAHIDE CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement By-law No. ____________. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness:Signature Name of Owner: Address: Phone Number: Report toCouncil REPORT NO.:DCS-20-17 DATE: June 4, 2020 ATTACHMENT:Draft Site PlanAgreement 1841591 Ontario Inc. C/O John Guenther SUBJECT: Site PlanAgreement 1841591 Ontario Inc. ______________________________________________________________________ Recommendation: THAT Report No. DCS-20-17Agreement 1841591 Ontario Inc. AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with 1841591 Ontario Inc.relating to the lands located PTLOT 11CON 9, Township of Malahide, municipally known as 11766 Imperial Road; SUBJECT TO all of the conditions set out in this Report having been satisfied. Background: The purpose of tn agreement with 1841591 Ontario Inc. (C/O John Guenther) for the construction of a transport trucking terminal relating to the lands located PT LOT 11 CON 9, Township of Malahide, municipallyknown as 11766 Imperial Road. Comments/Analysis: The Municipal Staff have reviewed the proposal and recommend that the Council authorize the Mayor and the CAO/Clerk to enter into a site plan agreement with 1841591 Ontario Inc.,once all of thefollowing conditions have been met: a)That all application fees as set out in the site plan agreement and the -law be paid in full. b)Proof of Liability Insurance being submitted to the Township in the amount of $5,000,000.00. c)A Letter of Credit in the amount set out in the site plan agreement being submitted to the Township. Financial Implications to Budget: The full cost of the development and planning process is at the expense of the applicant and has no implications on the Operating Budget. Relationship to Cultivating Malahide: The Cultivating MalahideIntegrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. supporting this and facilitating this proposal the Council is achieving this goal. Submitted by:Approved by:Approved For Council: Allison Adams,Eugenio DiMeo, Director Community of Development & Services ClerkCommunity Services SITE PLAN AGREEMENT 1841591 ONTARIO INC AND THE CORPORATION OF THE TOWNSHIP OF MALAHIDE Part Lot 11, Concession 9 Township of Malahide THIS AGREEMENTmade this _____day of______________, 2020. B E T W E E N: 1841591 ONTARIO INC Hereinafter called the OWNER OF THE FIRST PART -AND - THE CORPORATIONOF THE TOWNSHIP OF MALAHIDE Hereinafter called the TOWNSHIP OF THE SECOND PART WHEREASthe Owner is the owner in fee simple of the lands situate in the Township of Malahide, in the County of Elgin being Part of Lot 11 Concession 9more particularly described in Schedule Aattached hereto (and hereafter referred to as the Lands); AND WHEREASthe Official Plan of the Township of Malahidein effect, designates the entirety of the Townshipas a site plan control area; AND WHEREASthe Owner intends to develop the lands in accordance with the Site Plan attached hereto, as Schedule A(and hereafter referred to as the Plan); AND WHEREASthe Township,as a condition of development of the lands requires the Owner to enter into a Development Agreement; NOW THEREFOREin consideration of other good and valuable consideration and the sum ofTwo Dollars ($2.00)of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Townshipas follows: 1.The Owner agrees that no building permit will be available until the Plan has been approved by the Township, and further agrees that work will not commence prior to the issuance of the building permit. 2.The following Schedules, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: EXHIBIT ASITE DEVELOPMENT& SERVICING PLAN EXHIBIT BSTORM WATER MANAGEMENTREPORT & TRAFFIC IMPACT STUDY EXHIBIT CCERTIFICATE OF COMPLIANCE 3.Schedule Ahereto describes the lands affected by this Agreement. 4.Exhibit ASITE DEVELOPMENT & SERVICING PLAN, showsas applicable: a)the proposed location and height of all buildings and structures to be erected; b)the location of vehicular entrances and exits; c)the location and provision of off-street vehicular loading and parking facilities, including driveways for emergency vehicles; d)walkways and all other means of pedestrian access; 5.The Owner agrees that the building or buildings will be erected in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6.The Plan also shows the; a)lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Township); b)location of utilities within the road allowance and site connections to these utilities; c)building finished floor elevations; d)other information as required by the Township 7.STORM WATER MANAGEMENT REPORT & TRAFFIC IMPACT STUDY a)The Storm water management report establishing the pre-development and post-development quantity and quality of storm waterfor a 100 year storm event. b)The sediment and erosion control measures stated in the report are to be followed by the developer during construction. c)As per County of Elginrequirements, the traffic impact study examines the impact the development will have on the County Road #73. ARoad Occupancy Permit will be required from The County prior to the execution of this agreement. 8.The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 9.The Owner further agrees that: a)finalgrades and elevations will be established to the satisfaction of the Township. The Owner willprovide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit. b)allnecessary provisions for service connections on site will be made to the satisfaction of the Township. c)constructionwork will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d)all necessary precautions to avoid dust, noise and other nuisance and to providefor the public safety will, so far as possible, be taken and which comply with The Construction Safety Act. e)all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. f) except those lands identified in Schedule Ato this agreement; and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Townshipmay go in and do the same at the taxes or from the Letter of Credit deposited as performance security. g)stock-piling of snow will not be allowed on the site where it will constitute a hazard in the opinion of the Township. h)the electrical servicing of the property shall be subject to the approvalof Hydro One. i)upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Township, in addition to any other remedy, maygo in and do same at the Owners expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. j)the Townshipmay treat any breach of this Agreement as a breach of the BuildingBy-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. k)nothing in this Agreement constitutes waiver of the owners duty to comply with any by-law of the Townshipor any other law. 10.The Owner shall: a)be responsible for consulting with Hydro Oneregarding any mattersthat relate to services provided by Hydro One. 11.The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the appropriate Conservation Authority,the Ministry of the Environmentand the County of Elgin. The owner also acknowledges that they are agreeing to the following conditions set out by the County of Elgin: a)the Owners acknowledge County Road #73 (Imperial Road) is under the jurisdiction of the County of Elgin. b)the Owner agrees that no work shall commence prior to the issuance of County of Elgin road occupancypermits. c)the Owner agrees that any damage to the County of Elginproperty adjacent to the subject lands, that has been deemed to have occurred as a direct result of development activity on the subject lands, either during or after site alternation and construction, will be repaired and/or returned to a condition satisfactory to the County of Elgin, at the sole expense of the Owners. 12.The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Townships Fire Chief. 13.The Owner agrees to pay for damages to public property including but not limited to municipal drain,ditches, street surfaces, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Townshipat the expense of the Owner, within thirty (30) days notice. 14.Any and all lighting shall be installed and maintained so as to not, in the opinion of the Township, interfere with the use or enjoyment of adjacent properties, or with the safe flow of trafficon abutting or adjacent streets. 15.The Owner shall landscape and maintain plants and ground cover acceptable to the Township, on those lands so indicated on the Site Plan. 16.If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Township, a letter addressed to the Township, and signed by the said Architect or Professional Engineer, certifying that all construction and/or services on or in the said lands, required for this development or redevelopment,newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 17.The Township, through its servants, officers and agents, including itsChief Building Official, Fire Chief, and TownshipEngineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a)the progress of development; b)the state of maintenance as provided for in this Agreement. 18.In the event of any servant, officer or agent of the Township, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiringall work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 19.In the event of any servant, officer or agent of the Township, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Township of Malahide, as hereinafter provided. 20.In the event that theOwner should disagree with the opinion of the servant, officer or agent of the Township, as to the state of maintenance, such Owner shall appear before the Council of the Township of Malahide, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 21.In the event that the Owner shall fail to obey a stop work order issued under Section 18hereof, the Owner recognizes the right of the Townshipto apply to the Courts for a restraining order. 22.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 18or after notice of an opinion, which the Council of the Township of Malahidedetermines is correct, under Section 18, the Council of the Township of Malahide, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) , to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By-Law, that such matter or thing be done by the Township, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 23.Unless otherwise authorized, in the event of theOwner wishing to change at any time, the buildings, structures or facilities described in Exhibit Aand B, it shall make application to the Council of the Township of Malahide, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 41 of The Planning Act, 1990, hereinbefore referred to. 24.The Owner agrees to pay to the Townshipall administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 25.CAPITAL CHARGES The following capital charges are to be paid at the time that this Agreement is signed. 26.SITE PLAN REVIEW FEE TheOwnershall pay to the Township, in cash or by certified cheque, an amount of Two Thousand, ($2000.00) DollarsDeposit, per application, for Site Plan Review.As set -Law 13-54being a By-Law for the purpose of establishing user fees & rates. 27.LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Townshipwith a Liability Insurance policy in the amount of $5,000,000.00per occurrence, and in a form satisfactory to the Township, indemnifying the Township from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Township. 28.PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before_December 31, 2020_. It will require, in writing, an extension to this agreement/project, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Townshipwith a Letter of Credit, equal to $5,000.00.The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and guttersand drains, and any repairs for damages to public property, roadway, curbs and gutters and drains, plus all site specific components as defined by the , which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Township. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Townshipat any time or in part, from time to time, upon written notice from the Township, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 29.This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands anyrights against the Townshipwith respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 30.In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Townshipmay, at its option, on one months notice to the owner, declare this Agreement to be subject to re- negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re-negotiated. 31.The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Townshipto enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppelsagainst the Owner in any case. 32.The Owner agrees on behalf of themselves,their heirs, executors, administrators and assigns, to save harmless and indemnify the Township, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Townshipby any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 33.All facilities and matters required by this Agreement shall be provided and maintained by the Owner atits sole risk and expense to the satisfaction of the Townshipand in accordance with the standards determined by the Townshipand in default thereof, and without limiting other remedies available to the Township, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 34.This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Townshipshall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 35.A Certification of Compliance attached hereto as Exhibit , shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been compliedwith. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and dulyattested to by their authorized signing officers in that behalf. _____________________ 1841591 ONTARIO INCDATE CORPORATION OF THE TOWNSHIP OF MALAHIDE _____________________ MAYOR, D MENNILLDATE CAO/CLERK MICHELLE CASAVECCHIA-SOMERS CORPORATION OF THE TOWNSHIP OF MALAHIDE SITE DEVELOPMENT & SERVICING PLAN CORPORATION OF THE TOWNSHIP OF MALAHIDE STORM WATER MANAGEMENT REPORT & TRAFFIC IMPACT STUDY CORPORATION OF THE TOWNSHIP OF MALAHIDE CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement By-law No. ____________. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness:Signature Name of Owner: Address: Phone Number: Report toCouncil REPORT NO.:DCS-20-18 DATE: June 4, 2020 ATTACHMENT:Draft Site PlanAgreement Guenther HomesInc. C/O PeterGuenther SUBJECT: Site PlanAgreement Guenther HomesInc. ______________________________________________________________________ Recommendation: THAT Report No. DCS-20-18Agreement Guenther Homes Inc. AND THAT the CAO/Clerk and Mayor be authorized to enter into a Site Plan Agreement with Guenther HomesInc., relating to the lands located PTLOT 15 CON8, Township of Malahide; SUBJECT TO all of the conditions set out in this Report having been satisfied. Background: approval to enter into a site plan agreement with Guenther Homes Inc. (C/O Peter Guenther) for the construction of a contractorsoffice and industrial strip malllocated at PT LOT 15 CON 8, Township of Malahide, and municipallyknown as 10709 HaciendaRoad. Comments/Analysis: The Municipal Staff have reviewed the proposal and recommend that the Council authorize the Mayor and the CAO/Clerk to enter into a site plan agreement with Guenther Homes Inc. once all of the following conditions have been met: a)That all application fees as set out in the site plan agreement and the -law be paid in full. b)Proof of Liability Insurance being submitted to the Township in the amount of $5,000,000.00. c)A Letter of Credit in the amount set out in thesite plan agreement being submitted to the Township. Financial Implications to Budget: The full cost of the development and planning process is at the expense of the applicant and has no impOperating Budget. Relationship to Cultivating Malahide: The Cultivating MalahideIntegrated Community Sustainability Plan (ICSP) is based upon four pillars of sustainability: Our Land, Our Economy, Our Community, and Our Local Government. One of the goals that support th supporting this and facilitating this proposal the Council is achieving this goal. Submitted by:Approved by:Approved ForCouncil: Allison Adams,Eugenio DiMeo, Director Community of Development & Services ClerkCommunity Services SITE PLAN AGREEMENT GUENTHER HOMES (PETER GUENTHER) AND THE CORPORATION OF THE TOWNSHIP OF MALAHIDE Part Lot 15, Concession 8 Township of Malahide THIS AGREEMENTmade this _____day of______________, 2020. B E T W E E N: GUENTHER HOMESINC.(PETER GUENTHER) Hereinafter called the OWNER OF THE FIRST PART -AND - THE CORPORATIONOF THE TOWNSHIP OF MALAHIDE Hereinafter called the TOWNSHIP OF THE SECOND PART WHEREASthe Owner is the owner in fee simple of the lands situate in the Township of Malahide, in the County of Elgin being Part of Lot 15 Concession 8more particularly described in Schedule Aattached hereto (and hereafter referred to as the Lands); AND WHEREASthe Official Plan of the Township of Malahidein effect, designates the entirety of the Townshipas a site plan control area; AND WHEREASthe Owner intends to develop the lands in accordance with the Site Plan attached hereto, as Schedule A(and hereafter referred to as the Plan); AND WHEREASthe Township,as a condition of development of the lands requires the Owner to enter into a Development Agreement; NOW THEREFOREin consideration of other good and valuable consideration and the sum of Two Dollars ($2.00)of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Townshipas follows: 1.The Owner agrees that no building permit will be available until the Plan has been approved by the Township, and further agrees that work will not commence prior to the issuance of the building permit. 2.The following Schedules, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: EXHIBIT ASITE DEVELOPMENT& SERVICING PLAN EXHIBIT BSTORM WATER MANAGEMENTREPORT & TRAFFIC IMPACT STUDY EXHIBIT CCERTIFICATE OF COMPLIANCE 3.Schedule Ahereto describes the lands affected by this Agreement. 4.Exhibit ASITE DEVELOPMENT & SERVICING PLAN, showsas applicable: a)the proposed location and height of all buildings and structures to be erected; b)the location of vehicular entrances and exits; c)the location and provision of off-street vehicular loading and parking facilities, including driveways for emergency vehicles; d)walkways and all other means of pedestrian access; 5.The Owner agrees that the building or buildings will be erected in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6.The Plan also showsthe; a)lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Township); b)location of utilities within the road allowance and site connections to these utilities; c)building finished floor elevations; d)other information as required by the Township 7.STORM WATER MANAGEMENT REPORT & TRAFFIC IMPACT STUDY a)The Storm water management report establishing the pre-development and post-development quantity and quality of storm waterfor a 100 year storm event. b)The sediment and erosion control measures stated in the report are to be followed by the developer during construction. c)As per County of Elginrequirements, the traffic impact study examines the impact the development will have on the County Road #32. ARoad Occupancy Permit will be required from The County prior to the execution of this agreement. 8.The Owner agrees that the site development and servicing will be in accordance withthe plan(s) as approved, subject only to such changes as have received advance approval. 9.The Owner further agrees that: a)finalgrades and elevations will be established to the satisfaction of the Township. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit. b)allnecessary provisions for service connections on site will be made to the satisfaction of the Township. c)constructionwork will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d)all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The Construction Safety Act. e)all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. f) except those lands identified in Schedule Ato this agreement; and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Townshipmay go in and do the same at the taxes or from the Letter of Credit deposited as performance security. g)stock-piling of snow will not be allowed on the site whereit will constitute a hazard in the opinion of the Township. h)the electrical servicing of the property shall be subject to the approval of Hydro One. i)upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Township, in addition to any other remedy, maygo in and do same at the Owners expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. j)the Townshipmay treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. k)nothing in this Agreement constitutes waiver of the owners duty to comply with any by-law of the Townshipor any other law. 10.The Owner shall: a)be responsible for consulting with Hydro Oneregarding any mattersthat relate to services provided by Hydro One. 11.The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the appropriate Conservation Authority,the Ministry of the Environmentand the County of Elgin. The owner also acknowledges that they are agreeing to the following conditions set out by the County of Elgin: a)the Owners acknowledge County Road #32 (HaciendaRoad) is under the jurisdiction of the County of Elgin. b)the Owner agrees that no work shall commence prior to the issuance of County of Elgin road occupancypermits. c)the Owner agrees that any damage to the County of Elginproperty adjacent to the subject lands, that has been deemed to have occurred as a direct result of development activity on the subject lands, either during or after site alternation and construction, will be repaired and/or returned to a condition satisfactory to the County of Elgin, at the sole expense of the Owners. 12.The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Townships Fire Chief. 13.The Owner agrees to pay for damages to public property including but not limited to municipal drain,ditches, street surfaces, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Townshipat the expense of the Owner, within thirty (30) days notice. 14.Any and all lighting shall be installed and maintained so as to not, in the opinion of the Township, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 15.The Owner shall landscape and maintain plants and ground cover acceptable to the Township, on those lands so indicated on the Site Plan. 16.If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Township, a letter addressed to the Township, and signed by the said Architect or Professional Engineer, certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 17.The Township, through its servants, officers and agents, including itsChief Building Official, Fire Chief, and TownshipEngineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a)the progress of development; b)the state of maintenance as provided for in this Agreement. 18.In the event of any servant, officer or agent of the Township, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 19.In the event of any servant, officer or agent of the Township, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Township of Malahide, as hereinafter provided. 20.In the event that theOwner should disagree with the opinion of the servant, officer or agent of the Township, as to the state of maintenance, such Owner shall appear before the Council of the Township of Malahide, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination ofthe matter. 21.In the event that the Owner shall fail to obey a stop work order issued under Section 18hereof, the Owner recognizes the right of the Townshipto apply to the Courts for a restraining order. 22.In the event that an Owner shall fail to correct adeviation or deficiency after notice pursuant to Section 18or after notice of an opinion, which the Council of the Township of Malahidedetermines is correct, under Section 18, the Council of the Township of Malahide, may by by-law, direct, on default ofthe matter or thing being done by the Owner, after two (2) , to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By-Law, that such matter or thing be done by the Township, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 23.Unless otherwise authorized, in the event of theOwner wishing to change at any time, the buildings, structures or facilities described in Exhibit Aand B, it shall make application to the Council of the Township of Malahide, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 41 of The Planning Act, 1990, hereinbefore referred to. 24.The Owner agrees to pay to the Townshipall administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 25.CAPITAL CHARGES The following capital charges are to be paid at the time that this Agreement is signed. 26.SITE PLAN REVIEW FEE TheOwnershall pay to the Township, in cash or by certified cheque, an amount of Two Thousand, ($2000.00) DollarsDeposit, per application, for Site Plan Review.As set -Law 13-54being a By-Law for the purpose of establishing user fees & rates. 27.LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Townshipwith a Liability Insurance policy in the amount of $5,000,000.00per occurrence, and in a form satisfactory to the Township, indemnifying the Township from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 15 has been filed with the Township. 28.PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before_N/A_ an extension to this agreement/project, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Townshipwith a Letter of Credit, equal to $5,000.00.The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and guttersand drains, and any repairs for damages to public property, roadway, curbs and gutters and drains, plus all site specific components as defined by the , which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Township. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Townshipat any time or in part, from time to time, upon written notice from the Township, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 29.This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Townshipwith respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 30.In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Townshipmay, at its option, on one months notice to the owner, declare this Agreement to be subject to re- negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re-negotiated. 31.The Owner agrees that it willnot call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Townshipto enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppelsagainst the Owner in any case. 32.The Owner agrees on behalf of themselves,their heirs, executors, administrators and assigns, to save harmless and indemnify the Township, from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Townshipby any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 33.All facilities and matters requiredby this Agreement shall be provided and maintained by the Owner atits sole risk and expense to the satisfaction of the Townshipand in accordance with the standards determined by the Townshipand in default thereof, and without limiting other remedies available to the Township, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 34.This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Townshipshall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 35.A Certification of Compliance attached hereto as Exhibit , shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and dulyattested to by their authorized signing officers in that behalf. _____________________ GUENTHER HOMESINC.DATE PETER GUENTHER CORPORATION OF THE TOWNSHIP OF MALAHIDE _____________________ MAYOR, D MENNILLDATE CAO/CLERK MICHELLE CASAVECCHIA-SOMERS CORPORATION OF THE TOWNSHIP OF MALAHIDE SITE DEVELOPMENT & SERVICING PLAN CORPORATION OF THE TOWNSHIP OF MALAHIDE STORM WATER MANAGEMENT REPORT & TRAFFIC IMPACT STUDY CORPORATION OF THE TOWNSHIP OF MALAHIDE CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement By-law No. ____________. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. Witness:Signature Name of Owner: Address: Phone Number: THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-34 Being a By-law toincorporate a parcelas part of the public highways located within the Township of Malahide. WHEREASSection 31 of the Municipal Act, S.O. 2001, c. 25authorizes a municipality to open by by-law any highway within its jurisdiction; AND WHEREASthe Council of The Corporation of the Township of Malahidehas acquired land for the purpose of widening various publichighways located within the municipality; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THATthe lands and premises described beloware hereby assumed and dedicated by the Township of Malahide as a highway for public use. DescriptionAuthorizing By-lawPurpose Newell Road 19-94Road Widening Part of Lot 9, Concession 11 Geographic Township of South Dorchester Parts 1, 2, 3 and 4 on Reference Plan 11R-331 Instrument No.CT180331 Registered 2020/04/01 2.THAT this By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this 4day of June, 2020. th READaTHIRDtime and FINALLY PASSEDthis 4day of June, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-37 Being a By-law to set the 2020 tax rates and levies. WHEREASthe Council of The Corporation of the Township of Malahide,in accordance with the provisions of Section 312 of the Municipal Act, 2001, c. 25, as amended, has prepared and provisionally adopted the estimates of all sums required during the Year 2020 for the purposes of the Municipality, including the sums required by law to be provided for School purposes and County purposes for the Year 2020; AND WHEREAS the Council of The Corporation of the County of Elgin has enacted By-law No. 20-08, being a by-law to adopt the 2020 County Budget,to set tax ratios for the Year 2020 and to establish the 2020 County tax rates to be levied by the local municipalities in the County of Elgin; AND WHEREASthe Ministry of Finance enacted Ontario Regulation 6/20 made under the Education Act establishing tax rates for school purposes to be levied by the local municipalities in the County of Elgin; AND WHEREASthe Ministry of Finance enacted Ontario Regulation 361/18 made under the Assessment Act establishing two new optional subclasses for small-scale on-farm businesses; AND WHEREASSection 342(1) (a) of the Municipal Act 2001, S.O. 2001, c.25, as amended, allows a local municipality to provide for the payment of taxes in one amount or by instalments and the date or dates in the year for which the taxes are imposed on which the taxes or instalments are due; AND WHEREASSection 342 (1) (b) of the Municipal Act 2001, S.O. 2001, c.25, as amended,allows a local municipality to provide for alternative instalments and due dates in the year for which the taxes are imposed other than those established under clause 342 (1) (a) to allow taxpayers to spread the payment of taxes more evenly over the year; AND WHEREASSection 345 of the Municipal Act 2001, S.O. 2001, c. 25, as amended, allows for a percentage charge, not to exceed 1.25per cent of the amount of taxes due and unpaid, to be imposed as a penalty for the non-payment of taxes, and allows for an interest charge, not to exceed 1.25 per cent each month of the amount of taxes due and unpaid, to be imposed for the non-payment of taxes; AND WHEREASthe whole of the taxable assessment on real property in the Township of Malahide, according to the Assessment Roll printed October 31, 2019, certified by the Assessment Commissioner, and as further modified to reflect changes of the Assessment Review Board, Severances,and Section 442 Tax Write-Offsand upon which the taxes for 2020are to be levied; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the Tax Rates for 2020 be and they are hereby established as set out in 2.THAT a special area rate for street lighting and sidewalk maintenance be applied, in addition to the rates above, to the geographic Village of Springfieldas set out 3.THAT there shall be levied and collected such other rates and/or Special Area Rates, pursuant to the Municipal Act, 2001 and/or the Drainage Act. 4.THAT the two new optional subclasses for small-scale on-farm businessesbe establishedand the tax rate for qualifying commercial and industrial portions be implemented starting in 2020. 5.THAT the final taxes shall be due and payable in two installments, namely September 15, 2020 and November 15, 2020. 6.THATalternative due dates and payments in the year be allowed, under the provisions of a pre-authorized payment plan, or otherwise agreed upon by the payer on account of any taxes due. 7.THAT there shall be imposed a penalty for non-payment of taxes on the due date or on any installment, the amount of one and one-quarter percent (1.25%) of the amount due and unpaid on the first day of default, and an additional penalty of one and one-quarter percent (1.25%) shall be added on the first day of each calendar month thereafter in which default continues. a.THAT such imposition of penalty shall be waived from April 1, 2020 to September 15, 2020,in accordance with By-law Nos. 20-26 and 20-36,as enacted by the Council of the Township of Malahide,due to the COVID-19 pandemic emergency. 8.THAT the Director of Finance/Treasurer is hereby authorized to mail or e-mail, or cause to be mailed or e-mailed, the Notice of Taxes Due to the residence or place of business of such person indicated on the last revised assessment roll, specifying the amount of taxes payable. 9.THAT all taxes be paid at theMalahide Township Office; at most financial institutions; by telephone banking; or by internet banking, by the person charged with such paymentor their authorized designate. 10.andapart of this By-law. 11.THAT this By-law shall come into force and take effect on the final date of passing thereof. th READaFIRSTandSECONDtime this 4day of June 2020. th READaTHIRDtime and FINALLY PASSEDthis 4dayof June, 2020. __________________________ Mayor,D.Mennill __________________________ Clerk, M. Casavecchia-Somers TO BY-LAW NO. 20-37 TAX RATES Weighted Property Current Value Assessment Property ClassClass TownshipCountyEducationTotal Tax Rate Assessment (CVA)(CVA x Class Ratios Ratio) Commercial$24,510,7001.6376$40,138,7221.077752%0.994683%0.980000%3.052435% Commercial - Small Scale On Farm $65,9000.4094$26,9790.269438%0.248671%0.245000%0.763109% Residential$811,042,5691.0000$811,042,5690.658129%0.607403%0.153000%1.418532% Farmland$934,027,2310.2300$214,826,2630.151370%0.139703%0.038250%0.329322% Industrial$13,327,6002.2251$29,655,2431.464403%1.351532%1.250000%4.065935% Large Industrial$02.8318$01.863690%1.720044%1.250000%4.833734% Pipelines$16,183,0001.1446$18,523,0620.753295%0.695233%0.980000%2.428528% Managed Forests$4,230,5000.2500$1,057,6250.164532%0.151851%0.038250%0.354633% Taxable Assessment$1,803,387,500$1,115,270,463 Payments in Lieu (PiL)$64,703,300 Exempt$41,189,200 TOTAL$1,909,280,000 B TO BY-LAW NO.20-37 SPECIAL AREA RATES Weighted Property Current Value Assessment Special Area Property ClassClass Assessment (CVA)(CVA x Class Rate Ratios Ratio) Commercial$1,148,2001.6376$1,880,2920.071168% Residential$66,040,2001.0000$66,040,2000.043458% Farmland$4,943,3000.2300$1,136,9590.009995% Industrial$312,4002.2251$695,1210.096699% Pipelines$289,0001.1446$330,7890.049743% $72,733,100$70,083,362 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-38 Being a By-law toauthorizethe execution of anAgreementwith Duncor Enterprises Inc. for the supply and placement of Micro Surfacing andSurface Treatment. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREASthe Council of The Corporation of the Township of Malahide is desirous of entering into an Agreement withDuncor Enterprises Inc.for the supply and placement of Microsurfacing and Surface Treatment; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the entering into of an Agreement with DuncorEnterprises Inc.for the supply and placement of Microsurfacing andSurface Treatment is hereby approved and authorized. 2.THAT the Mayorand the Clerkbe and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Agreementin substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THAT this By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this4day of June, 2020. th READaTHIRDtime and FINALLY PASSEDthis4day of June, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers AGREEMENT THIS AGREEMENT made in triplicatethis ______day of _____in the year 2020. B E T W E E N: DUNCORENTERPRISES INC. () Of The First Part and THE CORPORATION OF THE TOWNSHIP OF MALAHIDE (Township) Of The Second Part WHEREAS entered into Contract No 2020-T16for the supply of all labour, equipment and materials to supply and place Single SurfaceTreatmentand Double Surface Treatment on various roads throughout the County of Elgin; AND WHEREASthe Township and the Contractor wish to changethe Corporation of 2020-T16as described in this Agreement hereto; AND WHEREASthe Corporation of the County of Elgin has consented to the changes to Contract No 2020-T16as set out in this Agreement provided theTownship paysall increases in prices andcosts related to said changesand Additional Works; AND WHEREASthis Agreement is further to and does not replace or otherwise alter the rights, privileges, obligations, covenants, agreements, promises and consideration included in Contract No 2020-T16as between the Contractor and the County; NOW THEREFORE, in consideration of the amounts as herein stated to be paid by the Township to the Contractor and in consideration of the promises and other good and valuable consideration and the covenants and agreements hereinafter to be performed, the parties hereto covenant and agree as follows: 1. The Contractor and the Township agree the above recitals are true. 2. 3. The Contractor 4. Single Surface Treatmentand Double Surface Treatment, Contract No 2020-T16 described in this Agreement to include theAdditional Works. 5. The Contractor hereby agreesto honourand extend all the rights, privileges,and obligations, which are afforded to the Countypursuant to the Contract,to the Township at the unit pricesassubmitted by tender to the County by the Contractor and accepted by the Contract. 6. The rights, privileges,obligations, covenants, agreements, promises, termsand consideration included in the Contract as between the Contractor and the County shall apply as between the Contractor and the Township with respect to the Additional Works.For clarityand where the context requires, wherever in the Contract it shall include the Townshiponly to the extent that it applies to the Additional Works and except as otherwise stated herein. 7. The Contractor agrees that all specifications, guarantees/warranties, deposits, schedules and other requirements included in the tender documents and in the Contract apply to the Additional Works and that all works carried out pursuant to this Agreement shall be provided and carried out in accordance with and pursuant to the Contract. 8. The Parties agree that the Township shallnot be responsible for payment of any costs or amounts owed tothe Contractor by the County pursuant to the Contractexcept as payment relates directly to the Additional Works and this Agreement. 9. The Parties further agree that the Township shallnot be liable or otherwise responsible for any works or other obligations and responsibilities of the County related directly or indirectly to the supply and placement ofSingle Surface Treatmentand Double Surface Treatment on various roads throughout the County of Elgin, except as the works, obligations and responsibilities relate directly to the Additional Works and this Agreement. 10.The Parties agree that payment for the Additional Works shall be paid by the Township to the Contractor in accordance with the same payment terms and at the same unit prices tendered and included in the Contract;subject to any additions and deletions as may be properly made under the terms of the Contract. IN WITNESS WHEREOFthe parties have hereunto set their hands and seals and the Corporations havehereunto caused to be affixed theircorporate seal under the hands of the duly authorized officers. SIGNED, SEALED AND DELIVERED)The Corporationof the Township in the presence of) ofMalahide ) ) ________________________ ) )Date of Signature ) )________________________ ) )Date of Signature We have authority to bind the Corporation. )DuncorEnterprises Inc. ) ) ) __________________________ ) Per: ) Date of Signature ) ) ) ________________________ )Per: )Date of Signature I/Wehave the authority to bind the Corporation. SCHEDULE A 2020SURFACE TREATMENT AND SURFACE TREATMENT QUANTITIES SQ ROAD SECTIONFROMTOMETERS SINGLE SURFACE TREATMENT CALTON LINEIMPERIAL ROADSPRINGFIELD ROAD28,630 HALF MOON ROADIMPERIAL ROAD (W)IMPERIAL ROAD (N)4,380 JOHN WISE LINESPRINGFIELD ROADRICHMOND ROAD46,650 MAPLETON LINEBELMONT ROADIMPERIAL ROAD56,175 VIENNA LINEIMPERIAL ROADSPRINGFIELD ROAD32,880 WHITTAKER ROADWILSON LINEYORKE LINE8,970 177,685 DOUBLE SURFACE TREATMENT CONSERVATION LINEW. OF IMPERIAL RD.IMPERIAL ROAD3,150 PRESSEY LINECARTER ROADPIGRAM LINE4,200 7,350 SCHEDULE B atment, Contract No 2020-T16 THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-36 Being a By-law toauthorize the execution of a SitePlan Agreementwith The Corporation of the County of Elgin relating to the propertylocated at Lots 86 and 87, Concession North Talbot Road,being49462Talbot Line,Township of Malahide. WHEREASSection 41 of the Planning Act, R.S.O. 1990, c. P.13, authorizes municipalities to enter into agreements with developers dealing with and ensuring the provision of any or all site facilities or works and the maintenance thereof; AND WHEREASthe Council of The Corporation of the Township of Malahide has authorized the development of certain lands subject to the entering into of a Site Plan Agreement; ANDWHEREASthe Council of The Corporation of the Township of Malahide is desirous of entering into a Site Plan Agreementwith The Corporation of the County of Elgin relating to the property located at Lots 86 and 87, Concession NorthTalbot Road being 49462Talbot Line, Township of Malahide; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the entering into a Site Plan Agreementwith The Corporation of the County of Elginrelating to the property located at Lots 86 and 87, Concession North Talbot Road,being 49462Talbot Line,is hereby approved and authorized. 2.THAT the Mayorand the Clerkbe and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Site Plan Agreementin substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THAT the said Site Plan Agreement shall take effect and come into force upon the signing thereof by all parties thereto. 4.THAT this By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this4day of June, 2020. th READaTHIRDtime and FINALLY PASSEDthis4day of June, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-39 Being a By-law toauthorize the execution of a SitePlan Agreementwith 1841591 Ontario Inc.relatingto the property located at Lot 11, Concession 9,being11766 Imperial Road, Township of Malahide. WHEREASSection 41 of the Planning Act, R.S.O. 1990, c. P.13, authorizes municipalities to enter into agreements with developers dealing with and ensuring the provision of any or all site facilities or works and the maintenance thereof; AND WHEREASthe Council of The Corporation of the Township of Malahide has authorized the development of certain lands subject to the entering into of a Site Plan Agreement; ANDWHEREASthe Council of The Corporation of the Township of Malahide is desirous ofentering into a Site Plan Agreementwith 1841591 Ontario Inc.relating to the property located at Lot 11, Concession 9being 11766 Imperial Road, Township of Malahide; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the entering into a Site Plan Agreementwith 1841591 Ontario Inc.relating to the property located at Lot 11, Concession 9,being 11766 Imperial Road,is hereby approved and authorized. 2.THAT the Mayorand the Clerkbe and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Site Plan Agreementin substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THAT the said Site Plan Agreement shall take effect and come into force upon the signing thereof by all parties thereto. 4.THAT this By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this4day of June, 2020. th READaTHIRDtime and FINALLY PASSEDthis4day of June, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-40 Being a By-law toauthorize the execution of a SitePlan Agreementwith Guenther Homes Inc.relating to the propertylocated at Lot 15, Concession 8,being 10709 Hacienda Road,Township of Malahide. WHEREASSection 41 of the Planning Act, R.S.O. 1990, c. P.13, authorizes municipalities to enter into agreements with developers dealing with and ensuring the provision of any or all site facilities or works and the maintenance thereof; AND WHEREASthe Council of The Corporation of the Township of Malahide has authorized the development of certain lands subject to the entering into of a Site Plan Agreement; ANDWHEREASthe Council of The Corporation of the Township of Malahide is desirous ofentering into a Site Plan Agreementwith Guenther Homes Inc.relating to the property located at Lot 15, Concession 8,being 10709 Hacienda Road, Township of Malahide; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the entering into a Site Plan Agreementwith Guenther Homes Inc.relating to the property located at Lot 15, Concession 8,being 10709 Hacienda Road,is hereby approved and authorized. 2.THAT the Mayorand the Clerkbe and they are hereby authorized and directed to execute on behalf of The Corporation of the Township of Malahide the said Site Plan Agreementin substantially the same form as that attached hereto as Schedule "A" and forming a part of this By-law. 3.THAT the said Site Plan Agreement shall take effect and come into force upon the signing thereof by all parties thereto. 4.THAT this By-law shall come into force and take effect on the final passing thereof. th READaFIRSTandSECONDtime this4day of June, 2020. th READaTHIRDtime and FINALLY PASSEDthis4day of June, 2020. __________________________ Mayor,D. Mennill __________________________ Clerk, M. Casavecchia-Somers THE CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO.20-35 Being a By-law toadopt, confirm and ratify matters dealt with by resolution of the Township of Malahide. WHEREASSection 5(3) of the Municipal Act, 2001, c. 25, as amended, provides that thepowers of every council are to be exercised by by-law; AND WHEREASin many cases, action which is taken or authorized to be taken by the Township of Malahidedoes not lend itself to the passage of an individual by-law; AND WHEREASit is deemed expedient that the proceedings of the Council of the Township of Malahideat this meeting be confirmed and adopted by by-law; NOW THEREFOREthe Council of The Corporation of the Township of Malahide HEREBY ENACTS AS FOLLOWS: 1.THAT the actions of the Council of the Township of Malahide,atitsregular meeting held on June 4,2020,in respect of each motion, resolution and other action taken by the Council of the Township of Malahideat such meetingis, except where the prior approval of theOntario Municipal Board or other authority is required by law, ishereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-law. 2.THAT the Mayorand the appropriate officials of the Township of Malahideare hereby authorized and directed to do all things necessary to give effect to the action of the Council of the Township of Malahidereferred to in the proceeding section. 3.THATthe Mayorand the Clerk are hereby authorized and directed to execute all documents necessary in that behalf and to affix thereto the corporate seal of the Township of Malahide. 4.THAT this By-law shall come into force and take effect upon the final passing thereof. th READaFIRSTandSECONDtime this4day ofJune, 2020. th READaTHIRDtime and FINALLY PASSEDthis4day of June, 2020. __________________________ Mayor, D. Mennill __________________________ Clerk, M. Casavecchia-Somers