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07 16 2008 SpCouncil AgendaTOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, JULY 16, 2008 TIME: IMMEDIATELY FOLLOWING COMMITTEE OF THE WHOLE 1. OPENING OF MEETING BY THE MAYOR 2. ADOPTION OF AGENDA 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 4. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Special Council Meeting of June 25, 2008. b) Minutes of Council Meeting of June 25, 2008. c) Minutes of Special Council Meeting of July 10, 2008. 5. REPORTS OF COMMITTEES: a) Recommendations of Committee of the Whole meeting held July 16, 2008. 6. BY-LAWS: a) By-Law No. 2008-087 A By-law to Deem Certain Plans of Subdivision or parts thereof not to be Registered Plans of Subdivision within the meaning of the Planning Act R.S.O. 1990, c.P.13, as amended, and to authorize the sale of part of the Closed Raad Allowance known as Park Drive, Plan 626 (PIN #74040-0257 (LT)), (geographic Township of Oro), Township of Oro-Medonte, more particularly described as Part 2, Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe, and to authorize the Sale of Surplus Land known as Lot 345, Plan 626 (PIN #74040-0101 (LT}} and Part of Lot 344, Plan 626 (PIN #74040-0102(LT)}, more particularly described as Part 6, Plan 51 R-34831, (geographic Township of Oro), Township of Ora-Medonte, County of Simcoe. b) By-Law No. 2008-088 A By-law to authorize the execution of an agreement between the Township of Oro-Medonte and Mailing Innovations. c) By-Law No. 2008-090 A By-law to prohibit the use of motorized vehicles on highways within the Township of Ora-Medonte. d) By-Law No. 2008-091 Being a By-law to Provide for the Giving of Names to Highways within the Township of Ora-Medonte, County of Simcoe, Draft Plan of Subdivision 43T-91050, (Mass Developments Subdivision [Kovacs Subdivision], Part of Lot 11, Concession 2 (Ora), Township of Oro-Medonte). e) By-Law No. 2008-093 A By-law to authorize certain capital works of The Garparation of the Township of Oro-Medonte; to autharize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) fo financing such capital works; to authorize temporary harrowing from OIPC to meet expenditures in connection with such works; and to autharize long term borrowing from OIPC far such works through the issue of debentures. f) By-Law No. 2008-094 A By-law to amend the zoning provisions which apply to lands within Plan 819, Lot 35, Concession 4 (Farmer Township of Oro), now in the Township of Oro-Medonte (Mason 2008-ZBA-03). g) By-Law No. 2008-098 Being a By-law to enter into apre-servicing agreement - Moss Development Ltd. -Part Lot 11, Conc. 2 EPR Oro, Part RDAL BTN Lot A & 11, Conc. 2 Oro, as Closed by By- law ORO18994, Being Part 2, 51 R-2282, Except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T/W R0487177, Being all of PIN #58544-0140 (Lt). 7. CONFIRMATION BY-LAW NO. 2008-085. 8. QUESTIONS AND ANNOUNCEMENTS 9. ADJOURNMENT THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-087 A By-law to Deem Certain Plans of Subdivision or parts thereof not to be Registered Plans of Subdivision within the meaning of the Planning Act R.S.O. 1990, c.P.13, as amended, and to authorize the sale of part of the Closed Raad Allowance known as Park Drive, Plan 626 {PIN #74040-0257 {LT}}, {geographic Township of Oro}, Township of Ora- Medonte, more particularly described as Part 2, Pian 51R-34831, Township of Oro- Medonte, County of Simcoe and to authorize the Sate of Surplus Land known as Lot 345, Ptan 626 {PIN #74040-0101 {LT}} and Part of Lat 344, Plan 626 {PIN #74040-0102{LT}}, more particularly described as Part 6, Plan 51R-34831, {geographic Township of Ora}, Township of Oro-Medonte, County of Simcoe. WHEREAS it is considered desirable in order to control adequately the development of certain areas within the Township of Ora-Medonte, that certain existing Plans of Subdivision or parts thereof be deemed not to be registered Plans of Subdivision far the purposes of Section 50(3) of the Planning Act, R. S. C1. t990, c. P. t.3, as amended. AND WHERAS the Council of The Corporation of the Township of Oro-Medonte has the authority pursuant to Section 50(4} of the Planning Act R.S.Q. t990, c.P t3, as amended, to designate by by-law any Plan of Subdivision or part thereof to not be a registered Plan of Subdivision for the purposes of Section 50{3} of the said Planning Act. fi.S.O. 1990, c.P. t3, as amended. AND WHEREAS pursuant to Section 11(2) of the Municipal Act 2001, S.O. 2001, c.25, as amended, Council is empowered to pass by-laws respecting highways; AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a Council of a municipality to sell or otherwise dispose of land in accordance with policies adapted and maintained by the municipality in respect thereof; AND WHEREAS Council passed By-taw No. 2007-083 an the 18"' day of July, 2007, being a By-law to establish a poGcy!praeedure with respect to the sale and other disposition of land; AND WHEREAS the road allowance know as Park Drive, Plan 626, (geographic Township of Ora), Township of Oro-Medonte, more particularly described as Parts 1 and 2. Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe, was permanently closed by ey-law Na. 2006-086 on the 20"' day of September, 2006, and registered as Instrument No. SC484058; AND WHEREAS Council has previously caused notice to be given of its intention to sell the lands described in Schedule "B" attached hereto and forming part of this by-law, in accordance with the requirements set out in By-law 2007-083, as amended; AND WHEREAS Council has determined that the said lands are not required far municipal purposes, and has by resolution declared the lands designated as part of the road allowance known as Park Drive, Plan 626 (PIN #74040-0257(LT)), more particularly described as Part 2, Plan 51R-34831, Lot 345, Plan 626 (PIN #74040-010 LT}) and Part of Lot 344. Plan 626, (PIN #74040-0102 (LT)), mare particularly described as Part 6, Plan 51 R-34831, Township of Oro-Medonte, County of Simcoe, described in Schedule "B" attached hereto, to be surplus to the needs of the municipality; AND WHEREAS Council has received no notice of objection to the proposed sale of land from any party; AND WHEREAS pursuant to By-Caw ~Ct?7 0$3, the Clerk r~` ih~ ~ T ~wn~ship , f Oro- Medar~te did cause a Notice of the pruu~;sed by-law to sell I;.iit ~~f th,. c~r,,~~~ri +vad allowance known as Park drive, Pl,~n ~~?r (PIN #74040-0257 (L.T}}, +~tt;~r>gr,aphic Tawnship of Ora}, Township of Ora-M~ ~tante. more particularly described as Part 2, Plan 51 R-34$31, Tawnship of Ora-Me~_tonte. County of Simcoe and to authorize the sale of surplus land known as 1_ot 345, Plan 626 (PIN #74040-Ot01 {1_T}} and Part of k.ot 344, Plan 626 {PIN #74040-0102{LT)}. more particularly described as Part 6, Plan 518- 34831.Township of Ora-Medonte, Caunty of Simcoe, to be published in newspapers of local c~rculatian, a copy of which is attached as Schedule "C" and forms part of this by- law: AND WHEREAS the proposed by-law came before Cauncil of The Corporation of The Township of Oro-Medonte for consideration at its meeting on the 16'r' day of July, 200$.. and at that time Council received na notice of objection to the proposed sale of land from any party; NOW THEREFORE the Council of the Township of Ora-Medonte hereby enacts as follows: That part of the Registered Plan of Subdivision described in Schedule "A" attached hereto and forming part of this by-law, pursuant to Section 50{4} of the Planning Act, R.S.Q. J990, c.P. t3, as amended, is hereby deemed not to be a lot on a registered plan of subdivision far the purposes of Section 50{3} of the Plannrng Act, R.S.O. t 990, c. P. t 3, as amended. Authorization of Sale -Cauncil does hereby autharize the sale of part of the closed road allawance knawn as Park Drive, Plan 626 (PIN #74040-0257 (t_T}}, {geographic Tawnship of Oro}, Tawnship of Oro-Medonte, more particularly described as Part 2, Plan 518-34$31, Tawnship of Oro-Medonte, County of Simcoe and to authorize the sale of surplus land known as Lot 345, Plan 626 (PIN #74040-0101 (LT}) and Part of Lai 344, Plan 626 (PIN #74040-0102(LT}}, mare particularly described as Part 6, Plan 518-34$31, Tawnship of Oro- Medonte. Caunty of Simcoe, to Habitat for Humanity Huronia Inc. - OrllialLake Gauntry Chapter provided that title to the subject lands {Lot 345. Plan 626 and Parts 2 and 6. Plan 51 R-34$31 }merge upon transfer. 3. Sale Price - In accordance with By-law 2007-0$3, as amended, Council hereby sets the sale price fur land designated as Lat 345, Plan 626, Part of Lot 344. Plan 626. and Part of Park Drive, Plan 626, more particularly described as Parts 2 and 6, Plan 51 R-34$31, Township of Oro-Medonte, County of Simcoe, at a consideration of "niP'. Execution of Documents -The Mayor and Clerk are hereby authorized to sign all documents to carry out the intent of this By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 16r" DAY OF Jt1LY, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin ~.m ~~ Schedule "A" to 8y-law No. 204f3-Q87 for The Corporation of the Township of Oro-Medonte The following Lot and Registered Plan are situated in the Township of C7ro-Medonte in the County of Simcoe: Lot 345, Plan 626 (PIN #4040-Ot01{LT}} Part Lot 344. Plan 626, designated as Part 6. Plan 51 R-34831 (PIN #74040-0102(LT)} Schedule "B" to t3y-law No, 2008-087 far The Corporation of the Township of Qro-Medonte Part of the Road Allowance known as Park C}rive, Pian 626 {PIN #74040 0257iLTl}, (geographic Township of Oro}, Township of Oro-Medonte, more particularly described as Part 2. Plan 51 R-34831, Towr~shGp of Oro-Medonte, County of Simcae; And Lot 345, Plan 626 {PIN #74040-010 LT}} and Part of Lot 344, Plan 026, {PIN #74040- 0102 {LT}}, Township of Ora-Medonte, more particularly described as Part 6, Plan 518- 34831,Township of Oro-Medonte, County of Simcoe. Fl,h M1' OF St kil i.i TU WA fife ~~(3 @".~t+{} ~1l P~tx.tiT[; r~ ,_. (_ d : ~~ [. h.Id Ip ~~7A . Aklt, E Schedule "G„ to By-law No. 2008-087 for The Corporation of the Township of dro-Medonte THE TQWNSHiP bF ORO-MED©NTE NOTICE dF PROPOSED SAt„E dF i-AND BY-f.AW TAKE NOTICE that the Township of Ora-M~;donte proposes to pass a By-law to seN a portion of a closed road allowance, as well as to sell lands, in the Township of Oro- Medante, County of Simcae, mare particularly described in Schedule "A" hereto. AND FURTHER TAKE NOTICE that the proposed By-Law will came before the Council of the Township of Ora-Medonte at its regular meeting to be held at the Gouncil Chambers an the 16"' day of July, 2008 at 9'.00 a.m. and at that time Council will hear in person or by histher counsel, solicitor ar agent, any person who claims that hislher land will be prejudicially affected by the By-law. Any person wishing to be heard or make comment an the proposed sale shall provide the undersigned with either a written application to be heard ar written comment no later than 12:00 noon an July 10, 2048. DATED AT THE TOWNSHIP OF ORO-MEDONTE THIS 4r" DAY OF JULY, 2008 J. Douglas Irwin, Glerk, Township of Ora Medonte 148 Line 7 South, Box 100, Oro, ON LOL 2X0 Fax: (706} 487-0133 SCHEDULE "A" Sale of i.and: Part of the Road Allowance known as Park Drive, Plan 626 (PIN #74040-0267(LT}}, (geographic Township of Oro}, Township of Oro-Medonte, mare particularly described as Part 2, Plan 61 R-34831, (geographic Township of Ora}, Township of Oro-Medonte, Gaunty of Simcoe, closed by By-law No. 2006-086; and Lat 345, Plan 626 (PIN #74040-010 LT}} and Part of Lot 344, Plan 626, (PIN #74040- 0102 (LT}}, (geographic Township of Oro}, Township of Oro-Medonte, more particularly described as Part 6, Pfan 51 R-34831, (geographic Township of Ora}, Township of Ora- Medonte, Gounty of Simcae. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 200$-088 A By-t_aw To Authorize the Execution of an Agreement Between The Township Of Oro-Medonte and Mailing Innovations for the provision of a SECAP 4400 Automaifer WHEREAS the Murtrcipal Act, LQOt,S Q. ~Qt1t, c.25. Section 224, as amended, states tt7at it is the rate of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council; AND WHEREAS the Council of The Carparatian of the Township of ©ra-Medonte deems it desirable to enter into an agreement, effective July 1, 2008, until December 3t. 2013. NOW THEREFORE the Council of the Township of ©ro-Medonte hereby enacts as foilows: THAT the Mayor and Glerk be authorized to execute the Agreement attached hereto as Schedule "A" and farming part of this By-Law. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 16T" DAY OF JULY, 200$. BY-LAW READ A THIRD TIME AND FINA!_t.Y PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Nughes Clerk, J. Douglas Irwin ..-°""~ A Division of PLAN MaAing Solutions ~~~~~~ i-.i iNli:A~.., gUM1+nF f, ~_-. _ ...... FINANCEFINANCES ~ $ ~,. 7 ib~ nrr ~r.4Cn .i.' :~tAtti NO, -_ _ '-,! r.P4 i NA?rri. Ir`,"UIv1t Ir rl ' T.:r li7((~ _ -..~.._.._ +tEfJi ~1~; Your Business lnft~rtnation ,:,- ,_ ~~ ~ ' ~ ~ ~ ' ~ -~_~- ~ l r a ~ ~ FUl1 LECv4L NAME -----._______.,.._ ~„ _ ~rvA NAME BIU,ING :~[ nit+F ~s CQNTAC7 NAME EQUIPMENT LtN;ATFCSN CUSTOMER F'~}. NO- E-MA7t_ALU!F~.t bi:Y NAME OF PRINCIPAL ~_ _„ ~ Clw _- ~.`--` - - --~ ~ NIA ^.F ,r? -, z. ,i`r" ~~ __.__. CITY ~~ --"~" ~~~'f ~7i IUSINESS __.-..._..___._~._~ ._. - 4 WEB StlFrsn~ nt ,,, S(}t;IAi. ~UItAU~ I J rAbl ~, ~_ _ PtiC}V. ~ POSTAL Ct70E FAX NO. PROP. {^.75 CAL GOOE ~_ _ Q' CC}RPORATION ~ PAR7`NERSNIP YEARS fN BUSINESS PROPRIETC7RSFtIP n N(7N PRC3EIT BANK 1 ACCOUNT NO. i PHONE NO. _-.._-._._~---, ---.w.. ~.-~.~.__.._..-_._.~~.__..._-._._..-~. re-Authorized Payment Plan We are hereby authorized to periodically draw payment under the Pre-Authorized Payment Plan from the bank account specified In the bank information section above and/or as outlined on the attachod voided cheque to cover periodic payments and other amounts due hereunder: AU7HOR7ZEb CHEQUE SIGNER(S) ------ - .__......._.__.-.~ TtTLE ADDENC}UM A FORM CONTINUATION Your Business: Needs _ ,~~ QTY PRODUCT CODE SER{AL NO. - '-'ENl 'RQDUCT ,i 'DACE ~ ~~ •;r;RIPr10N ~~~,,~~ { ', .. _. _ _._' c r ~ _. _ _ r,_ . ~. :.~, __ , r'~ Your Payment Plan ; :,~:,. HTIAt_ TERM 91LLiNG J MONTHSI ' ''~" RERIOp~. ~-~-"C?UAK(ERLY OTHER _ -__ gTIAL PAYMENT CHECUE $ 7 -- TAk i-.XE Mt~71UN (;ttt,rch ~. d gale) NO. OF EOII{PMENT 'TI tNTELk I! rVh ~`" ~ ,rp~ 'AYMENTS RENTAL AMC7i INi l r~~?tJTRtJT C ENTRE ( CSP AMp;}NT I ~-i ,~ ~ - LEASE START C}ATE (SECAP FINANCE HEAD OFFICE USE ONLY) t367SECAP ! r 004 CEPTED BY A VOIDEQ CHEC}UE IS ATTACHED Other Requirern (billed separately} ANNUAL SERVICE AtvtOUNT $ ~_ MINIMUM CYCLE COMMITMENT PER MONTH $ EXCEEDING CYCLE COUNTS (billed in arroars) OVERAGE ~ $ ~ PER CYCLE IntelliLinkT"" RATING DOWNLOADS PACKAGE INCLUDED: ~ YES ~1NO Initials RESET CHARGE $ Your Acknowrledgetrnei~r^~~~ +.r ature rerow constirutr ~ ~ e th? Equ,rar>anrJpmduct that you have selected. "r ~k, r '_o acknowte i i ;~ a~Fe ,e2d and a ree to all 'idr~ c d are authe^'>sd t r ,_ ~rrr~, Rvs A g eppticabfe terms and ~~, rk ! 5 ;/gam by, rr 3uth d ren~~. 4+eamant wr7t become tknding en ils ,:r nature b9fow also z that, cu and an of to use the Equipment or services ordered y your authorized reprasantatives agree Comprenensive Serviea Ptan q reement, the P.pur'uant to ,ha tease Agreement, the VI'orks'"' Tamrs and Condition the Equipment tGurciey P~tany arherere ataU document t~pNer tively, the °Sacap Agreements"? onfy for cornmarcial, industrial andior business purposes {the "Authonzed Uses',, end not for any persenaf, tamrry cr household purposes, or lnr rarmrirg ranching, toed-[oi, fishing or other related operations /the "Excluded Uses ), St , td your proposed use cl the Equipment or services change from an Authorized Use to an f ~ x7ed Use, you wilt immediately notify Secap Finance of the change, cease to order any E4~- r -ment or services, and (mmediataty repay ail outstanding beJances that gall owe pursuant one ^ocap Agreements r ~=rsonai rnformaLOn is collected in accordance with the provisions of the Seeap privacy h <.ocy. A copy of that Polley can be obtained at by calling i -36&-695-3507. From time to time Secap, another division of PCAN Mailing Solutions !nc„ provides its customers with Information about other products or services which it offers and which it be,Feves will be of mferest to its customers. If the custemar dons not want to receive information about other products or services which Secap offers, please indicate by checking this boz. ~j CUSTOMER SIGNATURE PRINT NAME ~~' ~.' _ ~, TITLE ~ _ , J DATE ' , c GST t1 8983: 7208 RT0007 ! QST # 1202847320 TQOt?07 SECAP REPRESEN7ATNE ~ ". ~EPTED BY DATE __~ --- --_ EMP. NO. _.-_~ BRANCH e Comprettensive Service Plan {CSP) and lnielliLink Contra) Centre Rental Amount shown above f remain in eNect for the first 12 months of the Initial Term, Thereafter, such amounts may be reased by us in accordance with the LeaselCSP Agreements. LEASE AGREEMENT t Paymenr, Yau. C e, . r:m: r rir:•e= to , ~.~ fr n a=., ;r~,(r r ::~n,e (Sap I „ cave", we , "u. .ir 'aur"} a division of PLAN Mailing Solutions Inc (~ ~aCAW"}, th.~ ~ turprnrrnt fwh ~ ' v_ - > 1 by y:rn ~r d ~ yrpiw :f b~ .cr p Nh~ch tl ~ .s ~ frv . nn nt 4 N nr I , ,thee ,~, r ,~ f-~ed r}r} page orte. You well f>e invoioa~i t=en.~d=ratty i,,r all . ~.r,~~. ,5tt, set I 'r tli u:~ I i Ic= ~nr' 1 ie d iI r roan { 1`;in, rrt' 1nJ ~. I t ray the °T",tai r , C F e ftT red"} e i rhn L ,~,,. Agreement (ttte "Lease"}, Which wilt 1~„ :a7aL J ,jr~ i le rn e i , : r' rr'~ et r ,,, e S ey ut r_ r ':i'I r~ } t r r cI r r i~rn. t ,t a l t, ~~ : ir~ir~ rep "'.v'a[~ f ~ ii,, r=, e: F'(t Rr z nr,, CjrangeVille. ON L9W 2Z5, unless we direct } >U rherNi ,. n wn'ing. You „in r 'n ~, r ,<~ b, , ernie ~ * n u~m ar„ . err rr rp h ~~nar. t rc .u ,rd aft i~ et , r~•i;,t~:, , to ycxu rr,unt arutlor products and serveces. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS LEASE CANNOT 6F CANCELLED OR TERMINATED FOR ANY REASON, WITH ALL PAYMENT OBLIGATIONS BEING UNCONDITIONAL REt~nRDLESS OF ANY MATTER, INCLUDING L~]UiPMENT DAMAGE, DEFECT, DLSTRUCTION, OBSOLESCENCE OR BREACH OF WARRANTY. PAYMENTS ARE NOT SUkiJECT TO SET-OFF, ABATEMENT OR REDUCTION. 2. Lease Term. This Lease shall : m ~ ~ ,rd continue for the nuntrrar t t ~ ~r,!i„ iescribed on page t of the Lease as Initial Tenn and end after you have futfrlled all your rn ;n~~:~,ns_ If you enter into a n v , rr~;~~ ~ r n rir• i ,,:.,ii 1~•rm which in e,,oiatt= e ~<~n_: nine, payments under this Lease and the new lease does not become effective, or (s sub°~•~ ; ..=n'!:r tenninated,wemayern;[:ete , I::3;.c_ 3, Equipmen# Ownership and Luc :rtion. , :1, f nonce is and .run , c=rm.r- of the Equrpmeni and has tuft title thereto. the Equipment is the property of Seeap Finance ,.,r in the case of the Ir'ni ri nk ~^ i ~ r~ .~ : ;,,~p ,.,I ~,.dy av.~r wh f - na ~u~•t :f (,~~ssession) and you have no right to ar interest in if except as expressly set forth herein. You may not fix, attach or jcu rr ~ E ~:, I ~~ ~rr o: ,r , :„i : ~ rmn~::v.=.,i i ,;,.~ ~rlunrt aur error written consent and the Equipment wilt be and remain personal and moveable property q irdfes o T: ~ , hr r ~t ~ ,th c 1 ,era, r 1 r -,gin rf to rn_v r d imn .Gtr= ;,r „ rty. You wilt keep the Equtpment free from any liens ar encumbrances- You authorize us to do a([ : r, ;,~. rr r t . ~ ~ r . et ~:, i~ r <i .., r,ee i .,~„ ,rr =,: st in u f ; ~~.; ~ ,and ~:~~~,,. The Equipment may not be moved from the location specified an page f of the Lease. or ~i no ic>cauon r~ sp4r ~ti xt y:,,,r a ,1rn ; r~,t + wrthaut first rt ~ning our v/ritten n aril. We shall have the right to enspect Equipment and any related maintenance rec;ards at any :~sr;orrable t(me during t~u,~ness h~, ,c,. 4. Assignment. YOU MAY Nt7T ASS r':N, f~ I (t iBY i `r=( ~; n I'ifJN OF LAW bR C}TFtERWISE} bR SUE3LET THE EQUIPMENT C7R tNIS LEASE {COLLECTIVELY "ASSIGNMENT'"} WITH{7Ut OUR PRIOR WRITTEN ~;~N I 1 '~v~~ . , .-h ., ,, ~n or transfer all or any part of this Lease andlor the Equipment without notice to you. You agree and acknowledge that any assignment by us will not mafienalty n,en ,c , r ~, :i,n~:~ns hereunder. 5. Renewal After the irotial Term and assumrnq h:,' 1. 4n,n , rre.1 and is continuing, you may renew the Lease for a renewal term, and if you have not given us 9fl days prior wrrtl~n notice of your ententian to termin the ~= e . , ;,., .,, i ,.; _.,~rr to have entered into successive month-to-month extensions of the Lease, in efther case an the terms and rond!t.:,~,s hareaf and at the same r -nc;t c ~_, m tr t,,i f. rn the exception khat (} any further renewal shall be at aur sole discretion, and (ii} the right to renew shall extend to the n=wLinkT"" Contra) Center or a x .=Se e ,rq~ ~ t: ?mprehensive Service Plan Agreement and InteliiLink Hate Download Agreement (with respect to the InteiALink Control ~_:enter) or Rating SottwarF ~ ~-. ~ ,,;ti .• t t meters}, if selected, aT the then prevailing rates. During any month-to-month extensions of the Lease, you may elect {e^t.active upon 94 days prior v, ~ ~nt• ~r ~ ~ ;l eo ter ~- the Lease. 6. Taxes, You agree to pay and indemrur, r , F~: ~ fr : d F~,,. ,,t,, if applicable} for alt charges and taxes (municipal, provincial and federal} which may rxaw or hereafter be payable m relation to this Lease or based an ar m, err n; rrrc ~ r,c Ira:,..action, payments, Equipment or Equipment location, referred to below (other than faxes an or measured by our net income), including taxes which may be ( ,c,i = rn connr~._t on with the purchase of the Equipment at ttte end of the Lease (it applicable}. You agree to pay the applicable fee to Dauer our expenses associated with the <:dr,t n ° rr , I =m, Uiller,y and tracking of such charges and taxes. 7. Liability. IN NO EVENT SHALL PLAN, 5ECAP OR SECAP FINANCE BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES) OR EXPENSE OF ANY KIND OR INJURIES TO YOU OR TO ANY THIRD PARTY CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT OR ITS USE, EXCEPT AS PROVIDED FOR iN THE EQUIPMENT SERVICE AGREEMENT AND IN THE EQUIPMENT GUtDE. You agree to reimburse PCAN, Seeap and Seeap Finance for, and to defend P" ! ,...,;at , + ;c ; ~ a r :,nr ~ ~~nct any costs, damages, ar liability arising out of the (ease, possession, use, condition, return, or servicing of the Equipment, including PCAP;', ~ as , r ,_ ,I, ,~ : r, : r ai I*-gat costs on a solicitor and client basis (ta the extent permitted by law), but excluding those arising tram tfr8 gross negligence or wi0fui mrs .- u ~N, : ecap ar Se lp Finance. &. Late Payments, Returned !tams, r, n. i ~)rh,=. Charges. If any payment under this Lease is not paid in fWl an or before its due date, you will be charged, unless prohibited by applicable law, the applicable administrative fe as ~ delinquent accounts. Yau also agree to pay interest on any payment delinquent under th(s Lease from its duo date until paid in full ai the lesser off 8% per Year or ±he max t r,__ allowed by [aw. Unless prohibited by applicable law, you agree to pay: (i} the applicable returned item fee for each payment item, cheque or draft you give as payment en uan to this Lease which is returned unpaid for ar~y reason; {ii) aredii and filing fees as may be assessed by us as a result of aur credit approval process related to this Lease and ~. iy governmental ar other filings related hereto; and (iii} if you nave any spec(aI invoicing requirements and we are able to accommodate you, the agreed fee far such special requirements. The fist of fees and charges, as may be amended from time to time, forms parts of this Lease. 9. Default. You will be in immediate default without notice under this Lease (f: {a) you fail to rem(t any payment under this Lease when due ar if you breach any other obiigat(on under this Lease; (b) you become insolvent, are liquidated, dissolve, stop doing business, or assign your rights ar prapeKy tar the benefit of creditors; {c} a petition is filed by ar against you under any bankruptcy ar insolvency law; or {d} eau are In default under any other pre=ant ar future agreement between you end us, or you and Seeap ar PCAN or any of our affiliates ("other Agreements"}- 10. Remedies. If you are in default and the default continues for 10 daps after we demand, in writing, rernec9ial of the default, we may at our option, do any ar all of the following: (a) cane ,i this Lease and any Other Agreements; {b) accelerate and require immediate payment, as Iiquedated damages, of all Ieasa payments (lease payments are to be calculated by adding the then unpaid lease payrrrents pertaining to the Equipment far the remainder of the Initial Term or renewal thereof, as the case may be, each such Meese payment to be subject to a discount equal to interest a# the rate of 64•a per annum oa each lease payment calculated and compounded monthly ever the period commencing on the date of the aforesaid notice and ending an the date on which such (ease payment would have become due and payable under the terms hereof} end other sums due under this Lease or due under any C}ther Agreements, whether accrued ar due. in the future, which {iquidated damages shat) conclusively be deemed to be a genuine pre-estimate by the parties hereto of the damages suffered t,, us in the circumstances and not as a penalty; {c) require return of the Equipment; d} require immediate payment. as compenratian for your failure to return the Equipment and not as a penalty, of an amount equal to lire remaining value of the Equipment at the end of the Initial Term, as determined by us in our reasonable discretion, andlor (e} pursue any other n. 'y we may have at law ar in equity. You waive any native of r~ur repossession ar disposition o1 the Equipment. By repossessing the Equipment, we do not waive our right to t the balance due an the Lease. You shall pay all aur costs in eniarcing aur rights against yau, including, wethaut Itrr etation, legai fees incurred by us an a salicitar and client I sis (to the extent permetted try applicable law} and cost and expenses associated with the sale, (ease or other disposer ~~ ,n of the Equipment. We reserve all of aur rights against you ~..,n if we do not enforce them at the trine you default AI( of our rights and remedies are cumulative and ara_ not condi'~~ ~ .; ran your default continuing. 11. Equipment Use Information. You shall use the Equipment aNy for eommerciai, industrial andiar business purposes `Authorzed Uses"!, and not !or any persona?, faintly or household purposes ar far tarrn rig, ranching, feed-fat, fishing or other related aperatians {the "Excludxf Uses'} St ~ .r!d your proposed use of the Equipment charge Pram an Authorized Use to an Excluded Use, you will immediately ratifiy Seeap of the change and immediately repay aA outstay d.nr~ balances that you owe pursuant to the Lease. t 2. Equipment Warranty. Yau shall use the Equipment only in the manner specified in the manuals and instructions covering the Equipment You shall comply with all Taws and reputations relating to the Equipment. You will be given a Seeap Equipment Guide by Seeap which will include Equipment warrantees, meter usage provisions, and tntelliLinkT"" postage evidencing to%hnaiagy provisions +if applicabte). 4VF MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF: MERCNANTAEi1LITY OR FITNESS FQR A PAR7IGULAR PURPOSE. THE EQUIPMENT tS LEASED fb YOU ON AN "AS IS," `"J`JNERE IS" BASIS AND "WITH ALL FAULTS". Please sec: paragraph t of the Seeap Equipment Guide for additional warranty information. 13. Equipment Condifion and Repairs, You shall. at your expense, keep the Equipment in good repair, conditron and working ;;rder, (excluding normal wear and tear}. tA. Risk of Loss. You assume and agree to bear the entire risk of lass, theft, destrucr nor ether impairment of the Equipment (excluding normal vrear and tear} regardless of cause (coilectiveiy "Lass")from the date of shepmrnt by Sscap and for the ent,re term of i ~~ t ~ae_ No Loss shall relieve you of any of your obligations under this Lease. You strati immediately ncrt~fy us in writing of the occurrence of any Less Yauhall, at your expen e, kr_~a{_ tl:r~ Lgtnpment ensured against Los, fcr its full replacement value under a comprehensive policy of insura!x;e ar other arrangement satisfactory to us {"Insurance"). You or your agent must call us at t-866-695-3507 and provide us with such evidence. If you fail to provide such evidence, we may, rn our safe discretion, refrain from requiring evidence of Insurance and include the Equipment in otrr own risk management program (currently called VatueMAX } and charge you a fee, which wiU be separately reflected aS an additional rtrarge on our invoices to you. Before including the Equipment in the VaIueMAXr~ program and charging you the fee, we will provide written notefcation reminding ynu ai your obhgatians to insure the Equipment and provde evedence of Insurance. The notification may be included in a welcome letter containing other Swap information_ H you do not respond with evidence of Insurance within the time specified in the notification, we may tmmediatety include the Equipment in the ValueMAX,~ program. It we include the Equpment in aur program and any loss, damage ar r:estruation to the Equipment occurs that does not result from your gross negligence or willful misconduct, ~nre shall (Fxavided eau are not in default under this Lease} repair or replace the Equipment and your Lease obligations will remain unchanged. If we are required to repair or replace the Equipment under the terms of this caragraph and we fal to do so within 20 days from receipt of written notice of the loss or damage, ; ou may terminate this Lease. Title to the original or any replacement Equipment wdl at aH times remain with us. We wdl not be liable to you ±f we terminate the ValueMAX program. ! F. Computation of Payment: Invoices. Yau acknowledge that the amount cf . ach (ease payment has been agreed upon in an arms-length negotiation between the parties and tho' the .t ieJying comaonant t sue iea¢r prrrrrrg arm proprietary to us r'~r your rxecutron of this Lease, =!ou disclaim any interest in the ;omponents of our (ease pricing, which oamponerit, may netude. by itlustran~ n but aril hr .i f fees associated with shipprnq and handling, =euipment purchasing and pick up, support services, lease origination and ether !ease ;n q,,pn"eclat related Fes and exr;en -. nr:. .I .o Include amounts earned eve-.r from or associated with a previrus urt-expi ed'~ease with us or a khird party. the amarn~ts r'v~e use to compute your To,at Penodc Paymen., and taxes Ga(d by us upon Equipment purchase are capitalized and peed by you over the Initial Ter*n_ if you so requested. vvur IntelllLlnk'm i nt c i i ,Iii r f I„ i r r rl, i r r t'n';I/£ 'r t i , f'I 1, r?r! r I!i,',rl tiwarr.It~s p'7Vrrr„r,I (',l+r tp ('"i4r+ r,i,, rTtr',, i r li`.lil i ;, Ili !!i, f,,.. ' r Ii~rni~tg of tt Irnt~ul Terrn ar~i; , ~ i f ,,., f u ,~ ii 1 ii ;i r I !..I F r ,1^ f'.I n 1; ,1 I err i ;q, ,ri t ,uu ,! r1 tp; ~. rth r h•„t ~ rte 1 r~~ In i•,, ,,r in n~~i,,.,, ,Ire not ~ nc;, ,r in your T)Iai I u,r1 c t I~ ~r I wil 1 l;ar I ie i ,~,n .f n fn t r~(,Ire J~• I I iy ~~n~ r I-.. ynrrr lurll !'r r r I; ^}ment IL uty ...li i ty ,~nt in t8 4ngi na tl )n Fee. „IF f [)r, ~ I[ I i 'y It { :liS6 law, ,17Ut -il t:Jld . , , .4 , l' Ir I(ry' I n uli it f u Ir~ ,p~nr tfle a!-y :I{i[in. .,.~ru •I11, I' , - :i($f(ly 11;1d t;edaln C?ttiefi ii 116x1 ca- ~ ~ ~ with this t i ,~~I ,t,~I ;u a caprtahzed amount in com[~~rtir ) y,nrr i. ;,I , . r „~I~ i Ivment. ~ 17 Init~nl L. ,~..• P.+yment Upon ~ u ~ ~, I~,~r ~c ~:nall pay your fiesT Total Peril"Ira i~ ,}mr:nt upon r.srr ~-.r' .uAon of this Lease. This t;ayment shall ; ~,; n«L~,ad to have tteen earn ~ i xhen we r~ ei., it and shall t e •un Ile t .I Ir;,l~ ,r~•ry I;, ynrrr ~,nh,yation to make Yaur first Total Pr n„'!I,. P~I,m~Irrt. 18 Customer Waivers. To the e I nt t ~rr II d t,y ~,IN ~rrrr'.a,3iv? any rights you nr w nr later n Iy , r/e u,'er any statute or aft ervrise wh r.h re nr r, to .''L, Ir,i';.- r ~hrx.. f ;u rn t ' r ~e ~.u I u I 1 > >'; n~i , Iu ., a ,ui,~ ,ti„n ui the remainin i .due of n~, ;~~:,nrnt, or which may nwise limit cx mlx,lf~ Icy ;,I our right , or rer ~ ! yell -Ir.I ~'. x v Iny ;In I u~r: r 1 Inc, ht. rir ,1 ti pr ~I.s'h, Nt t7 ': ria ~> .; d,d. r to you with fespFl:T '~ this ,~ ar any agreement ur In5Ir.In lc°rt r, radlny, ll rn, h' y 1 ~,~Irn ~r) ,r i• ,. 11 t ; I ,is i 1 ii i.1 il', > > It ,, ,-~ rcrk}# ":' l c , '~,,. :rYfy fil.i in BrIt15tt (. a(Wni'-. a, ~ r/t?lc itian b/CrtVtl f'1j"l; ~ I I S,I.,~it I~r'Wiit 1, '>~+,",ri „S(11) ut 'nr , ,~ , r r,~, ~ unPi ~ , ''.li rra and th prov ~ ur ?f the vrl G~de relating to the ie',u rq ar' ~~ ~r I h~ny~, in Quebec, as the .'I , .;,~ ir,r Actr; „~ ; , ~~ I,. mad in„n iu~u t~ ~ II nI n 1•, f „r ~..i ,a; -.I ~, ~I , Ir"s, irL,t th ~ ~ Huh' In I I,a~,, ,t r , untlr~r Personal Pratr~.r!y t, nnty'~, ~, a ~ ~ , Iu not apply to this Le.~.;e. Y0U AND WE HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION RELATED TO OR ARISING OUT OF THIS LEASE. t9. Credit information. Uport nxJuet, You agree to furncih us with current h~ anaial information about you, Vow execution of tins Lcaase signifies that you author;«? lis to receive from and exchange credtt and other infarmatll n ,.n,.< i nr,~ your affairs with others, including frnancial institutions, credit reporting agencies, credit bureaus .Ind pcrs,ln :with wham you may have financial dealings. We writ na' be ,blo or r. _sponsible in any way in connection with any such credit reporting. 20. Survivability, Yaur obl'~gations under Section 2 (lease reinstatement), 5ectian B {taxes}, Seettan 7 (liability} and Section 10 (remed4es) survive termination ar cancellation of this Lease_ 21. Governing Law, T'Ii ;Lease will be governed by and construed in ac aril: !.. ~' with the laws in effect from time to time in the province ar Territory wherein the Equipment is to be k7c<' , : reoarding to the terms hereof and the laws of Canada apptica[ le tt esenr 1- 22. Lamrall,Ug. The part ; Igroe that this agreement and ail documents used in connection therewdh wilt be in the English language. Les parties aux prr3sentes conviennent que to p+ tents er u ; les documents relatifs aux presenter soient rediges en angtais, 23. M. r r,ll.~neous. Any wntte,t notice ar demand ar other notification (collective ly, e N' ales"} by us to you will be deemed to t,,:ve been received by you at the time we place such Notice Int{ mail r+r atherw, pre_,ent it to you. If mare than one t_essee is named In th, i 1~I-, liability will be joint and several. r r 'present that you may lawfully enter into, and perform, t ~ -and that the Ir i viduals signing this Lease on your behalf have all '~<;, 5 try ,lahardy. This Lase, the Equipmerlr rv r e Agreement and the Equipment Guide constitute tt z : „y„~rnent trt I ~~ 'h~ aarties as to the subjects addressed in this Lea •~ .Ind representations or sfaternenis, ba'n o ai and written, including purchase orders, not included herd n or therein are pat r ~~,,tmcd on the parties. By executing page one, you agree to furnish cement financial information about you which we may request paw and in the future. In addetivrr, any princrpai, owner, officer ar guarantor signing on page one or an any documents executed in connection herewith agrees to furnish financial and other information we may request paw and in the future including his or her social insurance number, and authorizes us to obtain one ar more consumer credit reports an him or her in connection herewith and any credit extended as a result hereof. YOU AGREE THAT AN EXECUTED COPY OF THIS LEASE BEARING OUR STAMPED SIGNATURE AND YOUR SIGNATURE {AN ORIGINAL MANUAL SIGNATURE OR SUCH SIGNATURE REPRODUCED BY MEANS OF A RELIABLE ELECTRONIC FORM, SUCH AS PHOTOCOPY, FACSIMILE OR ELECTRONIC SIGNATURE) MAY BE MARKED "ORIGINAL" BY US AND SMALL CONSTITUTE THE ONLY ORIGINAL DOCUMENT FOR ALL PURPOSES. ALL OTHER COPIES SHALL BE DUPLICATES. TO THE EXTENT THIS LEASE GONSTiTUTES CHATTEL PAPER (AS DEFINED IN THE APPLICABLE PERSONAL PROPERTY SECURITY LEGISLATION), NO SECURITY INTEREST IN THIS LEASE MAY BE CREATED EXCEPT BY THE POSSESSION OR TRANSFER OF THE COPY MARKED "ORIGINAL" BY US. THIS LEASE MAY NOT BE AMENDED OR SUPPLEMENTED EXCEPT IN A WRITTEN AGREEMENT SiGNEO BY TWE PARTIES AND NO PROVISIONS CAN BE WANED EXCEPT BY OUR WRITTEN CONSENT, Our acceptance of any payment or cheque offered by you as a settlement, or an aaaord and satisfaction, sha7; pat constitute a waiver of our rights, or an accord and satisfaction, unless accompanied by a separate agreement executed by both parties. COMPREHENSIVE SERVICE PLAN {CSP) AGREEMENT it your lease {"Lease"} with Secap Finance ("Secap Finance"} a division of PCAN Mailing Solutions Inc. ("PCAN"), includes a comprehensive service plan with Secap, which is also a division of PCAN, in the Total Periodic Payment (as defined in the Lease) that you are required to pay pursuant to the Lease, then you authorize us, Secap Finance, to pay Secap on a pan-canceNable basis (except as provided below) the amount of the service fees due to Secap an your behalf, and Secap will provide you with maintenance and emergency repair services for covered Equipment (as defined in the Lease} {excluding software) for the term at the Lease. Ta obtain service or emergency repair you must contact Secap during its normal working hours {$ 30am - 4:45pm}. Secap may service your Equipment by (a) replacement with new, reconditioned or remanufactured equipment, depending upon the age of the Equipment and the nature of the performtance problem, or {b} on-site service, remote diagnostics or off-site service, including new (ar equivalent to new) parts and assemblies replacement needed due to normal wear. There will be no hourly charges for onsite service unless perfomned outside the working hours set forth above. Consumable supplies and Zabel printer printerheads tar certain models may be provided at additional charge. This agreement excludes service and repairs that are made necessary due to negligence ar accident, usage which exceeds manufacturer's recommended usage, damage in transit, virus contamination and loss of data, misuse ar abuse, extema! forces, loss of power, power fluctuation, opera#or erne, casualty {such as fire, flood, ar ether naturat causes}, sabotage, repair or attempted repair by anyone other than Secap ar the use of supplies pat meeting Secap specifications. Secap may change the services, the terms pursuant to which the services are provided to you or terminate such services, upon written notice to you. [In the event such change substantially reduces your ebility to PCCeIYe ServiCe3, you may terminate the maintenance portion of your Lease upon 30 days written notice to Secap to: Secap Finance at P.O, Box 65, Orangeville, ON L9W 225.] if your Equipment is regularly operated mare than one $-hour shift per day, 5 days per week, a surcharge will be added to your fees paid hereunder. Secap reserves the right not to renew ttris agreement for any reason. !f you replace the Equipment covered by this agreement, Yaur coverage will remain in effect on the replacement Secap equipment (if the equipment qualifies) at Seaap's then current fees far the replacement equipment. Secap shall not be head responsible ar incur any liability for any delay a failure in pertormance of any part of this agreement to the extent that such delay ar failure results from causes beyond its control, including but not limited to fire, flood, explosion, war, terrorism, labour dispute, embargo, government requirement, civil or military auttTOrity, natural disasters, or other similar types of situations. Secap warrants the services hereunder will tae performed in a professional and workperson like manner Except for the preceding statement, Secap makes no warranty, express or implied, regarding the services performed hereunder. LIMITATION OF LIABILITY IFJ NO EVENT SHALL SECAP HAVE ANY LIABILITY FOR INCIDENTAL, CONSEOUENT(AL, SPECIAL OR PUNITIVE DAMAGES. SECAP'S LIABILITY ARISING OUT OF VlHATEVER CAUSE SHALL NOT EXCEED THE AMOUNTS PAiD BY YOU TO SECAP FOR SERVICE OVER THE PREVIOUS 12 MONTHS. POSTAGE BY PHONE T"" AGREEMENT 1. The Royal Bank of Canada or other Canadian chartered bank {the "Bank") designated by Secap Finance ("Secap Finance", "we". "us" or "our"), a division of PCAN Mailing Solutions Inc. ("PCAN"}, wilt maintain a pooled account designated "Postage By PhaneT"" Account", and hereby offers to accept for deposit in the Postage By Phone T"" Account cheques drawn an Canadian financial institutions ar wire transfers of funds from time to time issued or made by or an behalf of any party who is party to an agreement with us. Your acceptance of this offer and of the terms and conditions set out below will be evidenced by the issue of a cheque or wire transfer of funds for deposit in the Postage By pttaner"' Account far the credit of your account. You irrevocably authorize us to designate an agent (the "Designated Agent") from time to time to do anything that we ourselves may do with respect to the this Postage By Phoner"" Agreement and agree that the Bank may rely fully upon instructions of such Designated Agent. 2. Cheques issued for deposit in the Postage By Phoner"' Account shalt be expressed to be paid to the Postage By Phone"" System and shall tae mailed to Box 1040, Postal Siatlon "A", Toronto, Ontario h45W 3C$. ire transfers at funds shall be sent to the Bank's Branch at i 090 Don Mills Raad, North York, Ontario and shall be designated as being for reedit at the Postage By Phone'"' System. The proceeds of alt such cheques and wire transfers of funds received by the Bank will Lie deposited by the Bank In the Postage By Phone rM Account for the credit of your account. 3. The Bank is irrevocably authorized to accept from us or our Designated Agent and is directed to act in accordance with instructions as to the payment of monies out of the Postage By PhoneT"" Account as provided below. The Bank is further authorized to permit Canada Post Corporation and its agents and employees to have access to the records maintained by us and the Bank in relation to the Postage By Phone'"' Aecaunt. Our authority or that of our Designated Agent to instruct the Bank as to payments tralTt tines to time out cat the Postage By Phon,?T^r Account will be restricted to the fallowing direotions. fa) a direction to make payment of a specific amount to Canada Pest (a "Postage Payment DirEr_tian"): (b} a direction to transfer a specific amount from the funds in the Postage By PhoneT"" Account credited tc your account to Secap Furanee as payment towards your outstanding batanre under the PftneyWarksTM program (a "Pitney Works Direction"); (c) a direction fo make payment of a specified amount to the crstorner named in such direction {a "Refund Direction"}; and (d} a direction to withdraw and place in safekeeping with the Bank a specified amount of fends from ±he Postage By Phone1d Account in Canadian dollar obligations of fhe Bank or Canadian dollar oblgatians of guaranteed by or secured by The Government of Canada as specified from time to tune by us or by nor Designated Agent and to return such specified amount to the Postage By Phone'"" Aeccunt upon maturity of the insirumeni (an "investment Direction"} We or cur Designated Anent shall also have the authonry to instruct the Bank to withdraw any incorrect or unfunded deposits made to the Postage By phoneT"' Account Any of the above d(recbons may t?t .n such form and «iven in such manner as may be sgreed upon betvdesn us or our Designated Agent and the Bank from time to time. Yau shall not be entitled to ~n'rthdraw any mrmles ort 9eposit in the Postage By Phone T^' Aecaunt or to issue any cheque or outer order far the payment of any monies out of the Postage By Phane'r^ Account, and, other than a withdrawal of incorrect or unfunded deposits, the Bank's only authority for the payment at marries out of the Postage By Phonei'" Account will be a Postage Payment Dirc;tion, a PitneyWorks Direci(on, a Refund Direction ar an Investment Direction issued by the Bank, by us or our Designated Agent or an order of a court of competent jurisdiction, .- Q. Upon r"~ [.t of r'~}ah CflC~U9 ui Wl+r* transfer CYf tuf"K)S fur ~1 O i4 tLY lhr f ';,p+g, UV Ph, n '~ At.(-Hunt Tt>t! hi.lnk will u1. "e '.IS of tf1$ amatnt thpy`t?r5f ,Ind VIII IttUYlde dr'ni~P~ittrT infGrrriali n n 'i,.;i xn'1 ni y r?Ur .rtt.c ~++nl Wry will malntaln ~++i t„ h,il ,if !+i. f' ++~.k in ~ ;i ~, ~~~.t rif lr I +~~. i~,t.'r 'r~r a ~..~ ~~id of 1r~l rt...lr~ by and paymer t', f~)r r~r tan .+i < <)ilnf of , ~. l~:h ~.~ i~.. t. ++i,•r WI' h~~t ~`hd .+U iitnN the i i. •.agn7,,)t1 A,h'f,t of tl'le Bank tCSf thlti l ui n ;i9 vul yi ni i~ h in ve h,tblr- tf b!f ,r; , I 'I).'n S:dhnl tOr ;hq pe+tf>rfi'1nCC of'Vph t rvu:,'s, wrr 1ha11 be EfiUtrd t© rrytrlVe aII lnt,.rt~,t. income arcef otherfun~!:• +a r~nn~r cn fi t t,r~tv,str-r1 ~~n „+ i~~~hl +~ ~~ i~.~ ~~•~fn nr Ja~ l~~„~ +~r,~ H, i~hu e '~ ~r~~-;.,nt as tee, far ,,..n ~:~~ ,fury;+ly from the Bank. [he it:u,6 wdl maintain t~.ri-~r]E Or C;Omputet f I i r,,•! ., ; n} tft~ f r't !~)r~ l7V ihnn~, 4 ..-,imt I .w my +1 tn~' + + inl~, + t ~s,d~ + and .;%3~r it +is lH ,! ~ it tn8 F'aStage By Phoner"' (' .r:~Unl and the CUrref'Mt balance in the P t t,te 3 I h,!n.' 1t .-..zrnt "rrrr'~ ';mt a nn, u h ,e f n ~..,, r it .~ h.e ,wit w rn, i ;ur ,vt tty 1h~ i?,;~nk ,.ti ~ in respect of th@ agyr 7 tte? i~' defHJuitS tC} and payments 0112 of ihr~ P~. rlge If'/ r + ~~t cunt an 7 f(`r " ,e n` ii ~ r t~inir ) u h rv~ ~ ~td C(3mputer 1 i , _ ti u° P.uik Will he entdled t6 cans+dt fnU n°iy upon the reccxds maintained I+ u', +,. tl v k ., ~u , ,+ ,d,i~, iirr +nv r ,q„ + .tn , ., ~,r a .~ a result .,t ~+ + _r.,nc r~ ~? the Postage By PttoneT"'r < < < ~ n t in arcordarrce witty the far~7oir4 terr +s ~n~, c ~ t ~ ~,inny ~:~th ~+ ,L~: ~ i ,n ~n~fuM,rly hrm -,n, ,.~., . to t ~ d the Control of r+,~ , ank r+ N~€hin ~,ur control. The Bank .~~i4 not Irk to yew fa payment in r+-~ ..n.! of ~.,,v~, t~~ ~ ,. + ttt nnNn or ~~ f i;v +ne H.+nk rn cr,rn K t~„t~ with the operation ~~f mr f r;t;~ge By PhorteT"' Account. You wdI not be sntftled to any interest incarrn~ cx otn.•+ ~,u tf~ ~ nu) on nu ds t etx~~,ited in :,+ i •~rf for the credit of t P r~,t.+ le. By Phone -' A an,nr n~h awitr~~srinaing anything to ttte contrary in this contract, ftre terms and con nt n~ .,r a+. ~" +ta,+t of t'+ t ~~;tays tsy Phu t> '^ Ao,ount may b a rr ~ n~a~ by wnftt n n au:e aw _n by thr~ f3,ink to you provided that no such arrangement shall be affective wttt r-sfxx;t to +ny frt,osii in the Postage By Ph+.~ tit"" Account made by drw nnor to the affer.nve talc- of ~;~,t,h Hoare and provided further that no such amendment shalt in any way ~x+n'er utx ~~r y u any bensticial iMtrrest in or cr,~m upon any of tttr. rnrm~,~s at any time an det;o,it to the Fo;iage 8y PhtlneT^r Accourrt. Any such amendment will be efiteeaive ten (10) days following the senoing of the rrotioe to you by the Bank. PITNEYWORKS''"" TERMS AND CCINDITIONS As an existing customer of Serail Finance ("Sscap Finance"), a division of PLAN Mailing! ~ iutiUns Inc. ("PLAN"}, you are entailed automaticaNy in the PitnsyV+/orks'"' program. The PitneyWOrksT"' program is operated by Scrap Finance and allows you IN an employer or +~;~~,+f r7f yours with express, implied or apparent authority (an "authorized user"} to order meter resets and other products ar+d services Serail Finance or Secap, also a divrsion of Pt AN it .,y .rtr-r on the terms and conditions set out herein. Your execution of the master agreement, to which these PitnsyWorkst~ Tens and Conditions relate, signifies your accrepfartCe of th ,~- I'itneyWorks*"' erms and Conditons. HOW THE PROGRAM WORKS. Sncap Finance may honour requests h ~ ai,thor~zed users and ~ :~, + i+ ~~ 'o bs iiab{s for alt such meter resets, products and services provided upon the request of an authorized user until Serail Finance receives wrrtten n.,+~ce Irom you revoking the a+ n u~+ty of that authorized user: PitneyWorksi'" is not available to indlviduats for personal, famNy or household purposes, or to +ndividuafs or bu:;uu 5sr~ s Iha+ conduct farming, rancttinq, rid-lot, fishing, or other related types of operations. Each time a meter reset. office supply, or other prrxfucts and 4,er ~+ Irv + r:.,rr~.! by you ur an authorized user. your PitneyWudcs'M account ("Account"} will be automatically charged for the total amount of ail such meter resets and ether procfuris ar d ~~r ; sa ordered, as well as all applicable fees and cfiarges due hereunder. When you order a meter reset, any funds art deposit in the Postage By PhoneT'" Account credited to your _a_ writ wilt be ,:rtrimaticatiy withdrawn to cover payment of the amount of postage which you desire to be reset in accordance with the provisions of your Postage 8y Phone'"' Agreement. if yru havs~ insufficient funds on deposit in the Postage By PttoneTr" Account crsdfted to your account, the amount due for postage settings, less the amount of funds ort deposit. will be ~ tar, ,+~~~:,+Iiy charged to your Account. You also agree to pay a transaction fee for the PitneyWorks*"" service. This transaction fee is in addition to the meter reset fee, if any, which you c,rter tnt~ Postage By PhoneT"` program and will be established by Serail Finance and may be changed by Sscap Finance from time to time in its so{e discretion. A list of the fees and cf urges applicable to your Account will be included in the PitnsyWorksT'" welcome letter that will be provided to you before you gain access to the PitneyWorks'^' program, and fhit; list will form part of these PitneyWorks*"' Terms and Conditions. You will receive a billing statement for each billing cycle in which you have any activity on your Account. A bitting statement will not bs issued in any billing cycle in whicfi there is no activity on your Aesount, or in which the outstanding balance or credit fa pour Account is less than $5.00, or In which the only activity on the billing statement is a customer service adjustment, such as a fee reversal, tt you request to have a copy of a billing statement that was issued trr you reprinted, or if you request to have a copy at a billing statement printed for a billing cycle to which a biAing statement was not issued for your Account, you will bs charged $5.00 per ropy that you request. You agree to review each billing statement you receive and to notify us within thirty {~0} days of the billing statement date of any errors an the billing statement or it will ba deemed correct. PAYMENT TERMS. Payments ors due by the dos date shown on your billing statement. Each payment that you make will be applied first against any accrued interest and default charges (defined in section 3j, second against any Fees incurred. including, vrithout limitation, transaction fees and statement reprint fees, thirdly against any previously unpaid balances that remain outstanding on your Account, and finally against the balants owc-ct un products and services ordered and transaction tees incurred during the current billing cycle that da not yet appear on your billing statement. This paragraph applies only to customers who reside in the Province of Qusbsc and who are Hat corporations. if you are a resident of the Province of Quebec and you are not a corporation, then you roust pay the entire balance due by the due date shown an your billing statement, notwithstanding the fact that a minimum payment may appear on your billing statement. Whenever there is an unpaid balance outstanding on your Account which Is not paid in full by the due date shown an your bilfing statement, Sscap Finance will make an advance ("Advance"} to you ,`or the amount of the unpaid balance. Secap Finance wilt assign a credit limit to your Account and may Change your crc}di# limit at any time. Sscap Finance may refuse to honour an Advance if the amount of a requested Advance, plus your existing unpaid balance, exceeds your credit limit. Sscap Finance vrifl charge you, and you agree to pay, interest an all Advances based on the average daily balance of Advances outstanding in each billing cycle from ihs date the transaction is pasted to your Account until the dais the Advance is paid. Previously accrued unpaid interest, default charges and transaction fees will be added to the outstanding balance of unpaid Advances on The dos date shown on your billing statement if they are not paid by that date and such unpaid balance wi8 thereafter be treated as part of the Advance. The interest rats applicable to Advances is t575'/o per month (18.3°,o annually}. This paragraph applies to ail customers woo reside in any Canadian province ar terrrtury other than the Province of Quebec, and also to customers residing in the Province of Quebec who ors corporations. If you choose not to pay the entire balance due by the due date shown on your billing statement, you may pay a portion of the balance by the due date, provided that you pay at least the minimum payment shown on the biAing statement {currently 5 % of the outstanding balance with a minimum payment of $10.00, or the entire balance if it is less than 510.00). Whenever there is an ~+npaid balance outstanding an your Account for products and sarv+css ordered, which is not paid in full by the due date shown on your billing statement. Sscap Finance will make an advance ("Advance") to you far the amount of the unpaid balance, which Advance will be deemed to have been mods on the date the products and services for which payment has not been made wets delivered. Serail Finance will assign a credit limn to your Account and may change your credit limit at any time. Secap Finance may refuse to make an Advance (f the amount of such Advance, plus your existing unpaid balance, exceeds your credit limit, Sscap Finance will charge you, and you ogres to pay, +nterest on all Advances based on the average daily balance of Advances outstanding in each billing cycle from the date the Advances were deemed to have been made until ai(Advanees are repaid. Previously accrued unpaid interest, default rhargss and transaction fees vrill be added to the outstanding balance at unpaid Advances on the due date shown on your billing statement if they are not paid by that date and such unpaid balance will thereafter be treated as part of the Advance. The +nterest rats applicable to Advances Is t .575:% per month {18.9°fo annually}. OEFAUIT CHARGES. Unless prohibited by applicable law, you agree to pay' (i) a late charge of $15 OC1 if qou have not paid the amounts you owe hereunder by the due date shown on your billing statement; (ii} a tee of $0.00 for any payment item, cheque or draft you gins rn payment of your Account which is returned unpaid far any reason; and (iii} a fee of $15.00 it you exceed your credit limit. ACCOUNT CANCEt.IAT)ON ANO SUSPENSION. Sscap Finance may at any time close ar suspend your Account or temporarily refuse to allow new Advances. You can cancel your Account by natify+ng Sscap Finance in writing_ Na cancellation or suspension will affect your obligation to pay any amounts you owe hereunder. EVENTS OF DEFAULT. You wit! bs in default hereunder if you fail to make a payment when due or fail to comply with any other terms of this agreement or any other agreement between you and Sscap Finance. Sscap. PLAN or any affiliates. ff you are in default or upon cancellation of your Account, whether such cancellation was made by you or by Secap Finance, Seeap Finance will net bs ohligatsd to provide the PitnsyWorksT"" service or make any new Advances and may demand immediate payment of the entire amount you awe hereunder, plus interest on the amount in default at the rate psrmittecf under section 2 hereof. You agree to pay all Costs and expenses that Sscap Finance may incur in order to collect any amounts you owe hereunder, ine~uding Sec:ap Finance's Iegaf Costs cm a saficaor and client basis. AMENDMENTS TO THIS AGREEMENT. Scrap Finance may amend this agreement ar any of its provisions at any t(ms upon ten (t0} days' written notice to you. Any amendment arid become effective on the date stated in the notice and will apply to any outstanding balance on your Account. Sscap Finance may terminate PitnsyWorksT"' at any time. Scrap F+nancs will rtoti(y you in the event of any termination. Any outstanding abfigat+on r)n your part will sun~ive tsrrrtination of this agreement. MISCEt.t.ANEOUS_ Sscap Finance may accept Iota payments, partial payments ar cheques, drafts and money orders marked "payment in fuN", without losing any of its rights hereunder Secap Finance may choose not to exercise ar tG Geiay enforcement of arty of its rights hereunder without losing them. Sscap Finance may assign your Account and this agresrnsni and its rights and ob;igations under this agreement to a third pang. Yau nfay not assign tfris agreement. it any provision of this agreement rs held invalid or unsnforceabte, all other provisions will remain in full tome and effect This agreement writ bs governed by and construed in ac~rdancs with the taws in affect from time to time in the Province of Ontario and the Taws of Canada applicable therein. It is agreed that ail documents. +neVuding trite document, sent by facsimile ar other means of electronic transmission to the otCter party will be considered to be original documents. CREDIT INFORMATION. Upon request, you agree to tarnish Scrap Fhance with currant financial information about you. i'our execution of these terms and conditions signifies that + .: ~thonzs Seeap Finance to receive from and exchange cr~ii and other information concerning your affairs with others. including frnancaa) institutions, credit reporting agencies, :~' bureaus and psrons with ~r~horn you may have financial dealings- Sec-ap Finance uif! not be liable ar responsible to any way +n connection with any such credit reporttng_ 3. 4. o. a SECAP EQUIPMENT GUIDE DEFINITIONS, ' ,~~~.,,;~' rr .ui~ ~ ,r,- ,f., ~ divrsign of PLAN Malting Salutigns Inc. ("PLAN"}. ";recap Finance" means Secap Flnancs, also a divisign of PCAN. "Party" shall mean each ql Se~c:ap, , ~.asa I nor, ,- ,~,u rnrr ;r,d ~,~ a" ~eans the customer. t. WARRANTY. t, Warra~~'r. ~ ~ t nrr~r,rn~~~ t U~~~n~~r nt~~r 'L ~puc~~ir~-nt"1 ,r,~i Hatnn; ",ttw,,~~-~=a are warranted by ;e~r.rp to be free frgm defects in material and workmanship and to perform accgrdtng to thci r ,c ~hr,,t ;ris !nr ~ .; ~ f ry~: r~rvr •r,~~ ;,~;r + in~.t~.r:au~xr. tf a detect in marcral or workmanship tx a tailors to pc+rform witttin specifications occurs within '+te first 9tJ days after irr,+.~u.,in,n ,~~~ ,rt, l~.nnq ~",nn.r t u un°. ; h~run, ~~ill i~~trarr it or. at its apt~an. replace it at no charge. A "dsfecY' does runt include the failure of rates emtxtdisd in a ii.rte U(xi.ite ,_ia ~ir~~n ,~rl ~r:~.;,~ x~ .~,nlorm tr ,~ rl,!~r.rr~ c :ur> ; ,s a -~~sult of carrier mta r! u;ngrs the nerfarmance of services by Scrap shall be done in a f ~ 71~- ~ Lei ~ d warktrersan tike rrenN~ ii. r~ ~•, ~ ; ~n~,ur.,n!~, i~,r yn,ra .: ~nr; ~F~rrur5 that are mods r ~ es~~gry , L~, to r~~~gligsnce or aeoident, misuse. usage which exceeds ma,. i -..ursr's ~, , ,,r,,r ~,~~~, ~,."t ~ .,, lr- ,: rr ,nl<~ •, ~r u~;~t ,r,r; ,r•t.~nn,~ ~ n _ . ; ~,' data, misuse or r:n~~. ~ ~n ~ ':;rms. Toss at pcwsr, power flttctuatian, operator error, casua ~ 1 ~uch as lire rk,~xi, ;r ~,r~,r~r ~.~„u:,! ., ->>;~~ ;~rr r,cu,e ~~-r i-r rn ;~~te~ ,i,r.ai r~t;.ur by anyone other thar - ~ rp or the; use of supplies not meeting Secap specifications. The warranty does ~,t r r ..r, .um rh ~ I~~u ~ ,~taa~ _lu~ ~ i N .!~,i t Iirr ~ ~ ~ t ~ ~lis, ink, ink raNsrs, sr~ =ler and moistener brushes, bulbs, felts antl sponges or for parts worn out due to rrn~ n ~~ rry ~s rf the ~ iii, u~ ~~nt ..irr,,r , ~ . ~v ~- t f _r Secap Finance or FLAN for squipmeni that is Eeased by Secap Finance to you that is not the prancrty of '~~s .ifa ~ inarrce, Ser ru ~ ~n~ Jr: < ~n ~,~ ~rrd~,,r~, ~f Secap, it 'riling. without Iimitaiux:, the (ntetfit_inkr"" Cantrot Centre. 2. C'~ ~~~Inrntet. EXCEPT A`~ `, i "• I FI , ..Fi- dl ~ ~ :.rp MAKES Nfl C71 i ic- R WARRAN71f~i, [ xf'RF`dS dR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITN( ss F~ ~{ t A PARTiGULAR Pt tRf' F `! !t 'r ~ ;i rPMENT t5 !..EASE(,? m YOU ©N AN i'a „ "W. !ERE f5" BASIS AND "WITH ALt_ FAULTS". IN Nd EVENT SHALL Secap '-R Sh i',aP FINANCE dR PCAN E~r Lli~l,l f li ! f `,F; ~NSIBI.~ FC7R ANY ~;;, ~%~MAGE (INCLUDING INCIDENTAL. CONSEQUENTIAL, SPECIAL OR Pl)NITIVE DAMRGES) OP, t {P'LFJ:;f dF ANY KINb OR INJURIE `; i ri Y'-iU . ~H F~ ~ ANY THIRD PAi3T`f c AI SED DIRECTLY OR INC3tRECTLY BY THE EQUIPMENT dR ITS USE EXCEPT AS PROVIDED HCFEIN Secap Finance HEREBY A' ; =;n .r~~ i Ct 'i r )U ANO YOU ARE EhiTITLED Td ANY PROPAISES AND WARRANTY RIGHTS Secap Finance HAS dBTAINED FRdM Secap. 2. fNTELLfLINK"" SUBSCRIPTIONtMETER RENTAL Pursuant to Canada Post Corporation ('"CPC"} regulations, Pitney 8awes of Canada Ltd (the manufacturer} must own the InteiGlink'"' Control Center qr h4 rvr. a you may rent antl use it soisty fqr the purpose of prgce,sing your mail, provided that you have a valid CPG rnster (icsnss and you comply wittt (i} these provisions and (ii ~ I f ui ; :.l {e CPC regulations, The inftiai term of use and rental shall bs coterminous with your Lease ("initial Tsmr"), and you will be billed the subscription andlar rental tees ,r~r fcnn n ,~rur Lease. After terminatSon, you must return the +ntelliLinkr"" Cantrpi Center or Meter to Secap (n the same condition as you received it. reasonatrls wear and tear e=rat. t ~"f ,vtf~~ th ~- Initial Term, the use and rental provided for hersrn may be cancelled by either party upon 30 days prior written notice- Your subscnptian andlar ~ "nral fees wits not F~ ~~ ~~~ r„r,~x I ~ ! ~ ~ ,; a ~~- Irftiai Term. After the Initial Tartu. Secap may increase the subscription andtor rental Tess upon 30 days prior written notice, provided no rv-h,.o will bs g(ven it s~.ch n ~, ry offset by a ~+rresponding rsductl-an in your Ieass payment. When you receive notice of an increase. you may terminate this use and rental .~ :f the late fhs incrsas ~ ~ 'f- ctivs. Vaor Ire: iiiLink'^" Ctantrof Center and/ar Meter may require psr(odic rate information updates that you can obtain under our Rating c ftw ,~ "- w~ dram or you will ~ ~ ~ndiridual ratr uo i,rt~-=, as a separate charge. Secap reserves the right to rscgvar ar disable the IntslltUnkT'" Control Center or Meter antllor termin,~~D_~ this ,se and rental at .c:y trme and for any r. , , ~ ~. ?an psring with qr misusing the Intsllilink'"' Control Cenisr or Meter is a violation of federal law. You must use only attachrn~.nr or minting device ; authorraed by Seca„ ~ : ni;iy supplies meeting S cap's specifications. Consumable supplies and postage are your responsibility. Secap and CPC reserre me ~ „ht, to xamins the InUrUiLink'"' Control Gunter or Meier, by physical or remote inspection You will notify Secap prior to moving the Intelii!_inkT'" Cgntrot Center or Meter to a d~!irrre~ r i ;~ at ~.x, rc_q;f,~r ~ ~;;~tain pastas. , t '' tk~"' Control Center or Me!~tr, ,u must contact 5eeap Finance's POSTAGE BY PHONEt~ data center Postage refill fetes, if any, wrli m + u. r r:•;~~ ,ur~r-,; ~r,s Intial Term, but tt ~ ~rr fill fees may be incn.rod upon 30 days prior written notice. If you participate in any Secap. Secap Finance, andlar PitneyWr~rk t ~r a~7~= r Evan e programs, payment will I Evan sd on your beh•iit to CPC, subject to repayment by you under the terms and conditions of the applicable postage edvarn ~~ o~ :~ r ~ ~~ id '~ i,•~ f ,,~ ~aratety frcxn your Ps fie Payment (as detinsd rn the Lease Agreement}. Refunds of unused postage, rf any, will be made by CPC in aocordance with then current CPC regulations. Your cigwnlgad o pqs r ~ pt of these terms shall be deemed your accepianes. 3. RATING SOFTWARE SubscriptioniRate UPDATES. if t rnch s a Rating Softwarsv subscription, Secap will provide up tq 6 rate updates (each a "Rate Update", collectively "W tits i;n,':,t,.=,"t during each t2 month period following Y s Sts of installation of the applicable Equipment. Secap w(ll provide each Rate Update only if required due to a fwstal ar carrier , ,.an~~.~ in rat®, service, postal code ar zone chan~u. Your Rating SoftwareC~ subscription does not cover any change .n rates due to custom rate changes, new classes of carrier .~-ntice ar a change in postal code dos to Equr`pmsnt relocation. If your order doss not include a Rating SaftwareC~J subscription or if you have received the maximum number of Rat.3 Updates under your Rating Software subscription. Secap will supply automatically Rate Updates at the then-current Get price. There will bs no charge for Rate Updates supplied within 90 days after the applicable Equipment is first installed, If you do not accept a Rate Update you must Contact Secap within 30 days of your receipt of the Rate Update. 't ~ d ~r~ $ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE RY-LAW NO. 2008-090 A By-law to Amend Schedule "A" of gy-law No. 2004-119, A By-law to Prohibit the Use of Motorized Vehicles on Highways within the Township of Oro-Medonte WHEREAS Section t 1(3j of the Muniaipal Act, 2001, S.O. 2001, a.25, as amended, empowers Council to pass by-laws respecting highways, including parking and traffic an highways: AND WHEREAS pursuant to Section 36 of the Municipal Act, 2x01, S.O. 2001, c.25, as amended, Council is empowered to remove and restrict the common law right of passage over a highway; AND WHEREAS the Council of The Township of Oro-Medonte did, on the 20"' day of October, 2004 enact By-law No. 2004-119 to Prohibit the Use of Motorized Vehicles on Highways within the Township of Ora-Medonte; NOW THEREFORE the Caunail of The Corporation of the Township of Oro-Medonte hereby enacts as follows: THAT Schedule "A" of By-law No. 2004-119 be amended to add as faliaws: Highway From To g} Unopened section Moonstone 400 metres northerly of Line 2 North Road West northerly of Moonstone Road west 2. THAT this By-law shad come into farce and take effect an its final passing thereof. i3Y-SAW READ A FIRST AND SECOND TIME THlS 16T" DAY OF JULY, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 200&091 Being a By-taw to Provide far the Giving of Names to Highways within the Township of Oro-Medonte, County of Simcoe, Draft Plan of Subdivision 43T-91050, {Moss Developments Subdivision CKovacs Subdivision], Part of Lot 11, Concession 2 (Oro}, Township of Oro-Medonte}. WHEREAS the Municipal Act, S.C7. 2001, c.25, as amended, Section 11(3} authorizes a municipality to pass by-laws with respect to highways; WHEREAS the Municipal Act, 5.~7. 2001, c.25, as amended, Section 61(1) provides that the Municipality may enter upon land lying along a highway to install and maintain a sign setting out the name of a highway. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows That the highway located within Draft Pian of Subdivision 43T-91050, Moss Developments Subdivision {Kovacs Subdivision), Part of Lot 11, Concession 2 {Qro}, Township of dro-Medonte, shall, on the day this by- law takes effect, be named as Caldwell Drive. 2 That the name far the public highway listed in Section 1 of this by-law shall be affixed at every affected intersection thereof on public property. Where it ~s not practical to affix the name on public property, it shall be affixed on private property. That this By-law shall come into force and take effect an the date of final passing thereof. By-Law read a first and second time this 16`x' day of July, 2008, By-Law read a third time and finally passed this day of , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H. S. Hughes Clerk, J. Douglas Irwin THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DY-t.AW NO. 2t70$-©93 A By-law to authorize certain capita! works of The Corporation of the Township a# Oro- Medante(The Municipality}; to authorize the submission of an application to the Ontario Infrastructure Projects Corporation fO1PC}far financing such capital works; to authorize temporary borrowing from OIPC to meet expenditures in connection with such wanks; and to authorize tang term harrowing from OIPC far such works through the issue of debentures WHEREAS the Municipal Act . 2001, t Ontario} S.O. 2001, c 25 as amended. jthe Act) provides that a mun~c+pai power shall be exerc+sed by by-law uniess the municipality s specifically authorized to do otherwise; AND WHEREAS it is now deemed to be expedient to authorize for the municipai purposes of the Municipality the new capital works described in aolumn(2} of Schedule A` (individually a 'Project" collect+vely the °Prajeets") attached hereto and forming part of th+s By-law (Schedule .A..} +n the amount of the estimated expenditure set out in column {3} of Schedule A. subject in each case to approval by OIPC of the financing far such Projects that w+li be requested by the Municipality in the Application as hereinafter described; AND WHEREAS in accordance with Section 4 of Ontario Regulation 403/02, the Council of the Municipality has had its Treasurer update its mast recent debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the "Updated limit"}, and. on the basis of the authorized expenditure for each Project as set out in column t3} of Schedule 'A" (Authorized Expenditure°}, The Treasurer has calculated the estimated annual amount payable in respect of each Project (collectively the Project l>mits"> and has determined that the aggregate of the Project t_imits does not exceed the Updated Limit, and accordingly the approval of the Ontario Municipal Board under the Ontario Municipal Board Act (Ontario}, as amended. +s not required before any such Project is authorized by Council; AND WHEREAS subsection 405(1} of the Act provides that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if. (a} the municipality is an upper-tier municipality, alower-tier municipality in a County or a single-tier municipality and it has approved the issue of debentures for the work: (b) the municipality is a Iawer-tier municipality in a regional municipality and it has approved the work and the upper-tier municipality has approved the issue of debentures for the work; ar je} the municipality has approved the issue of debentures for another municipality or a school board under section 404: AND WHEREAS subsection 405(4) of the act provides That a municipality may delegate the power set out in subsection 405(1 } to the Head of Council, to the Treasurer, or to both of them. AND WHEREAS subsection 401 1) of the Act provides that a municipality may incur a debt for municipal purposes. whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for ar in relation to the debt: AND WHEREAS the act also provides that a municipality shall authorize long term harrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act: AND WHEREAS OIPC has invited Ontario municipalities desirous of obtaining temporary and long term debt financing ~n order to meet capital expenditures incurred after December 31 2003 in connection with eligible capital projects tc make application to OIPC for such financing by comp!et+ng and submitting an application on the form provided by OIPC ithe °ApPl~cation'}, AND WHEREAS the Munic~paiity has submitted an application to OlPC to rer;~~-_~~~.t financing for the Projects by way of long term harrowing through the issue of debe~~tuir,y to OIPC and by way of temporary harrowing from OIPC pending the issues of such debentures: AND WHEREAS OlPC has accepted and has approved the municipality"s application:. NOW THEREFORE the Council of the Towrtshrp of Oro-Medonte hereby enacts as follows The Council of the Municipality hereby confirms. ratifies and approves the campletron by the Treasurer of an Appiicat~on and the submission by such authar~zed officio( of an Applrcatian duly executed by such authorized official. to OIPC far the financrng of the Projects in the maximum aggregate amount of $1,OOQ 00(} substantially rn the farm of Schedule `B° here#a and forming part of this by-law, with such changes thereon as such authorized offiaial approved. 2. (a} Construatian of each Project in the amount of the respective estimated Authorized Expenditure set out in column 13) of schedule "A" is hereby approved and authorized. (bj Any one or more of the Mayor and the Treasurer are hereby authorized to conclude contracts on behalf of the Municipality for the canstruatian of the Projects in accordance with the Municipality's usual protocol, (a} where applicable. the Engineer of the Municipality will forthwith make such plans, profiles and specifications and furnish such information as in the opinion of the engineer is necessary for the canstructian of the Projects; {d} where applicable. the construction of the Projects shall be carried on and executed under the superintendence and according to the direction and orders of such Engineer, The Mayor and the Treasurer are hereby authorized to negotiate and enter into, execute and deliver far and on behalf of the Municipality a financing agreement a "Financing Agreement" }with OIPC that provides far temporary and long term borrowing from OIPC in respect of such Projects on such terms and conditions as such authorized affiaals may approve, such execution and delivery to be conclusive evidence of such approval. The Mayor andior Treasurer are hereby authorized. pending the substantial completion of a Project or as otherwise agreed with OIPC, to make temporary borrowings pursuant to section 405 of the Act in respect of each project, on the terms and conditions provided in the Financing Agreement and on such terms and conditions as such authorized officials may agree, and to sign such evrdence of indebtedness as OIPC may require (a "Note"}; and the Treasurer is authorized to sign such certifications as OIPC may require in connection with such borrowings in respect of the Projects.. provided that the amount of borrowings allocated to any Project does not exceed the Authorized Expenditure for such Project and does not exceed the loar, amount set out in column {4} of Schedule A" m respect of such Project. Subject to the terms and conditions of the Financing Agreement and such other terms and conditions as O1PC may otherwise require, the Mayor and Treasurer are hereby authorized to enter into tang term borrowing in respeat of the Projects and to issue debentures to OIPC on the terms and conditions provided in the Financing Agreement and an such other terms and conditions as such authorized officials may agree { "Debentures"} provided that the principal amount of suah Debentures issued in respect of a Project does not exceed the authorized Expenditure for such Project and does not exceed the loan amount set out in column (4} of Schedule °A'" in respect of such Project. In accordance with the provisions of section 1$ of the Ontario Infrastructure Projects Corporation Act, 2006 (Ontario). as security for the payment by the Municipality of any indebtedness of the Municipality to OIPC incurred under the Nate or any Debentures. the Municipality is hereby authorized to agree in writing with OIPC that the Minster of Finance is entitled to deduct from money appropriated by the ~egrslatrve Assembly of Ontario for payment to the Municipality. or from money appropriated by the Assembly fns payment to the Municipality ~n respect of specrfied matters, amormts no~ r~xc~.~~xting the amounts that the Mt~ ~~~ ~~r~.i'ity farts to pay to OIPC on account of the ou'~tanding indebtedr r:~~ ..;ud~::iced by the Note or any Debentures issued by the Murncipalrty tc ~IPC, and to pay such amounts to C71PC For the purposes of meeting the obligatrons of the Municipality in respect of the Note and any Debentures. the Municipality shall provide for raising in each year as part of the general levy, the amounts of pnncipa( and interest payable in each year under the Note and any outstanding Debenture.. to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality (al The Mayor andlor Treasurer are hereby authorized to execute and deliver The Note. The Mayor and the Treasurer are hereby authorized to enter into. execute and deliver the Financing Agreement and to cause Debentures to be issued, the clerk and Treasurer are Severally hereby authorized to generally do all things and to execute aN other documents and papers in the name of the Municipality under the Financing Agreement and to carry out the issuance of the Note and Debentures, and the Treasurer is authorized to affix the Municipality's municipal seal to any such documents and papers. (b) The proceeds realized in respect of the Note and Debentures, after providing for the expenses related to their issue, if any, shall be apportioned and applied for the respective Projects and for no other purpose except as permitted by the Act. This By-law takes effect on the day of passing BY-LAW REACT A FIRST AND SECOND TIME THIS 18TH DAY OF JULY, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J, Douglas Irwin Schedule "A„ tc> By-law Na. 2008-093 for The Corporation of the Township of tJra-Medonte (1? (2i (3) Project Estimated Number Description of Capita! Work Expenditure 1 Road Reconstruction and Resurfacing $ 292.144 oa 2 Paving of existing gravel Roads 51 3x7,256 as 1 600~aQa 00 (4j fioan Amount $ 292.144 as X1,307 256 as s 16aa aaa as 'I'h~ C';c}r~<~ratian of the `I`c~wnship caf Oro-~t~clc~nte ~ch~~iul~ ''L3" to tray-law Flo. 2tlfa;3-0~~3 ONTARIO INFRASTRUCTURE PROJECTS CORPORATION (OIPC} LOAN APPLICATION Application 10: EtOd1 Program Yeas ZOfl8t2009 Application Sulsmit Date: Jul-04-2448 A. GENERAL INFORMATION -Borrowing Municipality Name. t7ro-Medonte Tp ID d30~37 Address- 148 t_rne i S Box t QO City C7=o Posts! Code LC3M 1J8 Name of I reasurer(or Wain Gravelle T=tle ©~re~tor of Frnanee eclu+vaientj Telephone Number. 705~~87 2t 71 Fax No 7p5-a87-0133 Ernai! pgravelleCa}oro-medonte ca B. CONTACT INFORMATION ~uestrons ra_gardrng fhe information contained ~n the appiicatron form should be addressed to Name. Paul Cravelle Title. Treasurer Telephone 705-487-2171 fax No 705-~i87-0733 FinarP pgravelle@oro-medonte ca C. PROJECT SUMMARY INFORMATION No. Project Name Category Type Loan Amount t road improvements Mun,c~pal Roads $1,600.000.00 fnfrastrucfure Total loan Amount $1,606.600 00 _ _ _- ._ ..Page tot 8 ONTARIO INFRASTRUCTURE PROJECTS CORPORATION {OIPC) LOAN APPLICATION _ -- Project Details -Municipal Roads Infrastructure Project Name road improvements Gategary Mun~apat Roads Infrastructure Construction Start Date Jun-t6-200$ Construction End Date Sep-15-200$ Please indicate Below if any aspect of the protect pertains to Energy Canservatron~ [;Yes ~/J No The Municipal Eco Challenge Fund {MECF} rs a three year, $20 million grant and $200 million loan initiative to help murncipahties reduce Green Nouse Gas (GHG) emiss+ons from their infrastructure Please rndic3te whether the Ivan is for a project That wdI reduce energy consumption or GHG erissions from a munic~paily-awned facility (building, arena, etc } j Yes '/ No is this protect also being considered for an MECF grant? ,Yes !/j No Please provide An estimate of the reduction in energy consumption or GNG emissions as a result of the project. i _ _.. - _ _. or A short description of the energy conservation benefits. -- - - -- --- ----~ -- r~ ~rnproved road quality will shorten travel umes thereby reducing energy consumption i` Improved road quality wi!! allow residents to access destinations +n a more direct manner thereby reducing energy consumption -- J Address of the project ;various locations throughout ,municipality Type of work {e g. new construction. renovation of existing renovation of existing facilities facilities, redevelopment, deferred maintenance. etc-): Desenp6an of the project reconstruction ~ resurfacing of existing paved roads, paving of gravel roads ~ Page 2 of 8 ~r,r..- _ _ ~~. f vg ONTARIO INFRASTRUCTURE PRQJECTS CORPtJRATION (©IPC} LOAN APPLICATION Additional cammenis i I r __~ __ What ~s the 6te span of the project m years'? (i e the physical asset} 15 ~l _~ _ _ _--J Please identify your Ministry contact (If applicaf?le} Ministry: Contact Name- Contact Phone: -Page 3 of & t7NTARtO INFRASTRUCTURE PROJECTS CORPORATION (OIPC) LOAN APPLICATIQN __ Project Information Project Name Category road impravemenis Municipal Roads Infrastructure Project Gas# (Aj $t .600,000.00 Project FundinglFinancing ~ st existing and expected Funding(Financ~ng sources for the project (eg. Reserves, ether cash on hand, approved grants, etc. ) Source/Descri tp ion Timing Amount Total Amount (B) $0 00 OIPC Laan Amount (A-B) ~t,600,000 00 Please enter your long-term borrowing requirements including the estimated date the funds are required. Only include long-term borrowing rn this section. If you anticipate that you will require short-term financing dunng the construction phase of the protect, the mformatian wdi be gathered as part of the Financing Agreement. Estimated Date Required Amount Term (ire years) Type Oct-0 t -2008 ~ t ,600,000.00 10 Amortizing Total Long-Term Financing $1,600,000.00 Page 4 of 8 t~NTAR10 INFRASTRUCTURE PRC7JECTS CURPC3RATIfJN (OIPC) t_QAN APPUCATI©N D. DEBT AND REPAYMENT SUMMARY Financial Intarmation Returns (FIR} Please be aware that OIPG will 6e unable to complete the processmq of your application until you have filed your most current FIR with the Mirnstry of Municipal Affairs and Housing. If you have not filed your FtR, you should submit your application to C}IPC and send your FIR to MMAN as soon as possible. ARt_ Please provide a copy of the Borrower's mast recent ARI. issued by MMAH. Existing Harrowing: Please provide the following details on the existing debt, including capital !eases and unsecured debt __ Laan,t.oan Initial Amount _ _ ___ _ Annual Date Maturity Summary _.Y___ .._ ___ Payment ;Periodic TPayment j # !Purpose jAmaunt Outstanding Interest Harrowed Year of Existing ' Type ;Amount Frequency Borrowed ?as per Must ;Rate (/ol!(mmldd/yy ~ ;Pledges, ~ ~Payabie Recent ,yy} Conditions, i Audited Covenants . .. ,.Financials __ j _ ~ i __ i rods 51,5flr~,60Di14 $t.5t30.fi0+~60 446 7J/Ot12007 2D1T triended S96,~J3900 Semi-annual prinapai and interest 2 ~~atls $4947,000.0 ~ ~36 0470u20(78 2G18 t;iendetl ~so.5isA5 Same-annual pnn~~pai antl interest Please elaborate on re-financing plans and actions for any existing "interest only" debt, if applicable Existing Encumbrances: Does the Borrower have any existing !lens, pledges and any other encumbrances on existing assets? ;Yes / No -f yes, please provide details. i Page 5 of 8 ~ _ _ ~ ~,, ..~ . '~u ~~ ONTARIO INFRASTRUCTURE PROJECTS CORPORA71ON (OIPC) LOAN APPLICATION t7iPC t_oan Repayment Information Please indicate the source{sl of revenue you plan to use to repay the OIPC Haan Source Can_tribution to OIPC Loan Payments '°l~ ~:atat~an __ _ ~ 100 00~ Audited Financial Statements A copy of fhe mast recent audited financial statements must be attached with this !oan application. Page 6 of 8 gNTARIq INFRASTRUCTURE PRbJECTS CgRPgRATI©N (OIPC) LdAN APPLICATIQN E. LITIGATION is there any litigation threatened or existing which would affect any projects or substant~a8y mpair the borrower's ab~tity to pay debt serwce costs on its genera! obligation indebtedness? Please indicate Yes or No i _; Yes i/~ Na Please complete the Certificate of Lif~gaUon template found under the Forms menu F. NON-REPAYMENT qF LOANS qR DEBENTURES In the last 1C} years has the borrower ewer fa+ted to make a loan or debenture repayment on time to any tender. including to the Pro+rincial Gavemment? r J Yes ~) No If yes, Please provide details. If necessary, attach details. r__ _ __ _.__-- __ ___ _-_._____' i G. PROVINCIAL GRANTS AS SECURITY Pursuant to OtPC's enabling legislation. provincial grants to the borrower may be appropriated by the t_eg~slative Assemb{y of Ontario for payment to C7IPC to satisfy any outstanding amounts owed by the Borrower to OI PC H. ATTACHMENTS Please ensure aII required documents are submitted ~nnth the signed application OtPC requires originals as noted below to be rnaited nr {.:careered Also, please retain a copy of all documents submitted to OIPC for your records. - Completed application signed and dated by the appropriate individuals {original) - Certified and sealed copy of OIPC template by-law authorizing project borrowing and applying for a loan {original) - Certificate of No l.ttigat~on using Che OIPC template {original) - OMB approval ~f exceeding debt repayment limit, if applicable - Current Audited Financial Statements - Capital Ptan if applicable - Protect management letter ~_ t acknowledge and agree that at( of the above referenced documents must be submitted in the form required by QIPC and understand that the application will not be processed until such documents have been fully completed and received by Infrastructure Ontario. Page 7 of 8 ~~ E ONTARIO INFRASTRUCTURE PROJECTS Ct?RPQRATION {OIPC) LOAN APP~ICATIC?N Please note: OIPC retains the right to request and review any additional information or documents at its discretion. /? I acknowledge that I have react and understood the Project Management and Best Practices Reporting Rectuirert~ents Page 8 of 8 ~ Ontario Infrastructure Ontario Application Id: 8441 ONTARIO INFRASTRUCTURE PROJECTS CORPORATION (OIPC} ~.OAN APPLICATION SIGNATURE PAGE Printed date: Jul-a4-2aa8 Application Submit date: Jul-a4-2aa8 INVe acknowledge that a loan Application has been submitted to Ontario Infrastructure Projects Corporation (OIPC) containing the fallowing information. Eligible Catectory Municipal Roads Infrastructure Total Name of Borrower Cara-Medonte 7p Address: 1as Line 7 s Loan Amount $1.saa,aaa.ao ~1,eaa,aaa as Name of Treasurer Paul Gravelle (or equivalent): Telephone Number: 7a~-age-2171 ID: 44447 Box 104 C}ra. L9M 1J8 The undersigned certifies that heishe has read the OSIFA loan program guidelines and all information provided to OIPC is accurate and complete. The undersigned acknowledges that same information provided may be shared with the line ministries to provide technical expertise to OIPC. Applicant agrees to provide OIPC with additional information as required m order to process the loan. Treasurer's (or equivalent's) Signature: ~ -~~' ~ Date: l~ 2Q~ 8 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY- LAW NO. 2008- 094 A By-law to amend the zoning provisions which apply to lands within Plan 819, Lot 35, Concession 4 (Former Township of Oro), now in the Township of Oro-Medonte (Mason 2008-2BA-03j WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Aat, R.S.O. 1994, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C5 of the Official Plan; NOW THEREFORE the Council of the Carparatian of the Township of Ora-Medonte hereby enacts as follows: 1. Schedule 'A3' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the land heated in Lat 35 Plan 819, in the former geographic Township of Oro, now in the Township of Ora-Medonte, from Residential Limited Service Hald (RLS{N}) Zane to the Shoreline Residential Nold tSR} Zane as shown an Schedule `A' attached hereto and forming part of this By-law. 2. This By-law shall came into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY-LAW READ A FIRST AND SECOND TIME THIS 16TH DAY OF JULY, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THiS DAY OF 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Cterk, J. Douglas Irwin Schedule ~A' to 8y-law No. 20108-094 This is Schedule 'A' to By-Law 2ofl8-fl94 passed the 16`" day of July , 2008. f \/ ~~ ~~rrrlr~~iEi o z Clerk _ J. Daugias Irwin TOWNSHIP OF ORO•MEDONTE (FIDE 200$•28A-03} THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-098 A By-law to Authorize the Execution of aPre-Servicing Agreement Mass Development Ltd. -Part Lot 11, Canc. 2 EPR Ora, Part RDAL RTN Lot A & 11, Canc. 2 Ora, as Closed ~y Bylaw ©RU18994, Being Part 2, 51 R-2282, Except Parts 1, 2, 51 R-26026 and Part 1, 51 R-35600, T!W R0487177, Being all of PIN #58544-0140 (Lt). WHEREAS Section 51, Sub-section (26j of the PtannrngAct, R.S.D. t990, ChapferP. 13, as amended, provides that municipalities may enter into agreements imposed as a condition to the approval of a plan of subdivision and such agreements may be registered against the land to which ttte subdivision plan applies; AND WHEREAS the Council of the Township of Oro-Medonte deems it desirable to enter into aPre-Servicing Agreement with the Owner of Moss Development Ltd. -for the foNowing Description of Lands: Part Lot 1 1, Conc. 2 EPR Oro, Part RDAL. BTN t_ot A ~ 11, Conc. 2 Oro, as Closed by By-law ORO18994, Being Part 2, 51 R-2282, Except Parts 1, 2. 51 R-26026 and Part 1, 518-35600, T!W 80487177, Being all of PIN #58544-0140 (Lt}., Township of Oro-Medonte, County of Simcoe; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: That the Mayor and Clerk are hereby authorized to execute, on behalf of the Township of Oro-Medonte, aPre-Servicing Agreement, a copy of which is adached hereto and farms part of this By-law as Schedule "A". That the municipality shall be entitled to enforce the provisions of the Pre- Servicing Agreement against the owners. This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 16T" DAY OF JULY, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Deputy Mayor, R. Haugh Clerk, J. Douglas Irwin a ~~ PRE-SERVICING AGREEMENT - between - MOSS DEVELOPMENT LTD. -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part Lat 11, Canc. 2 EPR Ora, Part RDAL BTN Lot A & 11, Conc. 2 Ora As Closed by By-law ORO1$994, Being Part 2, 51 R-2282 Except Parts 1, 2, 51R-26028 and Part 1, 51R-35600, T/W R0487177 Being atl of PIN #58544-0140 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July, 2008 By-Law Na. 200$- PRE-SERVICING AGREEMENT THIS AGREEMENT MADE BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE - and - {hereinafter called the "Township") MOSS DEVELOPMENT LTD. (hereinafter called the "Developer") WHEREAS the Developer is the registered owner of the lands described in Schedule °A" attached (the "Subdivision Lands'"j; AND WHEREAS the Developer desires to commence installing municipal services within the Subdivision Lands. prior to the registration of the Plan of Subdivision and the execution of the Subdivision Agreement with the Township; AND WHEREAS the Township has agreed to permit the Developer to install, construct and provide municipal services within the Subdivision Lands on the terms and conditions set out herein; AND WHEREAS the parties to this Agreement declare that the recitals are true and incontrovertible; NOW THEREFORE in consideration of the sum of Twa Dollars (~2.OQ}and other valuable consideration, the receipt and sufficiency of which are hereby irrevocably acknowledged, the parties hereto covenant and agree as follows: 1. ASSUMPTION OF RISK BY DEVELOPER 1.1 The Developer agrees to assume all risk and cost of commencing installation of Township services, as defined in Article 1.4 hereof, on the Subdivision Lands, prior to the execution of a Subdivision Agreement with the Township and the registration of the Plan of Subdivision. The Developer hereby releases, and agrees to indemnify and save harmless, the Township, its agents, servants and employees from and against all actions, suits, claims and demands whatsoever, which may arise either directly or indirectly as a result of the installation of Township services by the Developer or by reason of the maintenance or lack of maintenance of the Township services or by reason of any defect in workmanship or material. 12 The Developer acknowledges and agrees that, in the event that a Subdivision Agreement with the Township is not finalized for any reason and the Plan of Subdivision is not registered as a result, pre-servicing of the Subdivision Lands shall cease immediately. 1.3 The Developer acknowledges and agrees that Engineering design plans and specification for the Township services to be installed by the Developer. as submitted to the Township, in accordance with the terms of this Agreement, may require further amendment as a result of requirements imposed by the Township under the terms of the Subdivision Agreement to be entered into far the Subdivision Lands. The Developer covenants and agrees to assume all risk and responsibility for the cost of required revisions to the Engineering design drawings and specifications for the Township services, together with the casts of modifying, reconstructing, removing andtor replacing the Township services installed by the Developer, pursuant to the terms of this Agreement, in order to satisfy the requirements finally imposed by the Township at the time that the Subdivision Agreement is entered into. ~. 1 ~ The Devt?Ic~fu~r ;acknowledges and agrees that this Agreement relates to and permits the iris?~~IIr36on of the fallowing Township services on the Subdivision Lands: t. Installation of roa~a b~asc~ iu base course asphalt 2. Drainage works, inclu fang storm sewers and SWMP's t .5 The Develaper acknawledges and agrees that no work shall be carried out on any existing Township right-of-way, and that there shall be no connection to services on any Township right-of-way. t .6 The Developer acknowledges and agrees that no work shall be carried out an lands not owned by the Developer, without the written consent of the owner to be filed with and approved by the Township. 1.7 The Develaper acknowledges and agrees that afl 5enricing Plans, and all work in constructing, installing and otherwise providing the Township services, must comply with Federal, Provincial and Township laws. 8y-laws, standards and policies. The Ceveloper further acknawledges and agrees that all work must be done in a goad and workmanlike manner and in accordance with the Township's standards, practices and directions. 1.8 The Developer acknowledges and agrees that it shall be bound by the terms and conditions of the Subdivision Agreement and that nothing contained in this Agreement, or in the Township's grant of the permission to proceed with the installation and construction of the Township services, will estop the Township from imposing any of its conditions and requirements pertaining to the installation of public works or from enforcing its authority to require the Developer to fully comply with all applicable conditions of approval of the Plan of Subdivision. 1.9 Notwithstanding any other provision of this Agreement, the Developer expressly acknowledges and agrees that Wane of the provisions of this Agreement is intended to operate, nor shall have the effect of operating, in any way to fetter the discretion of the Township or its Council in the exercise of any of its discretionary pavers, duties or authorities. 2. REQUIREMENTS PRIC?R TO THE COMMENCEMENT OF Wt?RK 2.1 The Develaper agrees to submit the following to the Township. in a farm satisfactory to the Township, prior to the commencement of the construction and installation of Township services on the Subdivision Lands: a) A letter from a qualrfied Engineer experienced in the field of Township services confirming: 1. Retainer -That their firm has been retained by the Developers to act as Consulting Engineers in connection with the design, construction and installation of the Township services; 2. Terms of Retainer -The terms of their retainer with the Developer as follows: a} Plans and Specifications -Prepare plans and specifications for the construc#ion of Township services; b) Gost Estimates -Prepare cost estimates for the Township services to be constructed from the drawings; c) Approvals -Obtain all necessary approvals to construct; d} Go-ordination - Go-ordinate the installation of Township services to avoid conflicts with regards to telephone, cable T.V., and Township services: e} ~n ~ ~,y I~~p~~'tiun~ -Ensure that all an-site inspections of T .•: hip ervic;e nst<:Ilatians are conducted by the Developer's Con d^ ~ : Enyineers at all times during construction; f} As-Con_±ruc'r-d Drawings -Submit certified "as-constructed" drawings after acceptance of the Township services; g} Change in Retainer - If at any time during the project: i} The terms of their retainer are changed by the Developer, or: ii} If they become aware that they wilt not be able to provide "as constructed" drawings, they will notify the Tawnship within twenty-four (24} hours; h} ~~~~,ion and Siltation Control -Ensure all necessary precautions are t~tk:en to prevent erosion and sedimentation of sewers, ditches, culverts, slopes, etc., both within the subdivision and downstream, prior to and during construction. b} Confirmation letters are to be filed with the Tawnship Clerk, confirming the fallowing: 1 } The Township Engineer has no abjection to the pre-servicing; 2} The Planning Department has no objection to the pre-servicing; 3} The Township Solicitors have no legal objections to the pre-servicing; 4} The Ministry of Transportation has no abjection to the pre-servicing; 5} Ministry of the Environment Approvals. a} Payment of cash ar certified cheque required to cover the cost of the Townships solicitor and Planner for all costs involved in processing the Pre- Servicing Agreement, and for all the Township's Engineers for checking of plans, specifications and inspection an behalf of the Township for the sum of Ten Thousand Dollars ($10,000.00). As accounts are received from the Township Planner, solicitor and Engineer, they will be paid by the Township and then submitted to the Developer for reimbursement within thirty (30} days. In the event that the deposit is drawn down to a level of Five Thousand Dollars ($5,000.00} ar less, and the Developer does not pay the accounts within thirty (3C}} days, it is hereby understood and agreed that the Developer shall be in default of this Agreement and all work must cease forthwith; d} A letter of Credit, in the form and having the contents set out in Schedule "C", in the amount set out in Schedule "B", attached, as security to ensure the due completion of the Township services to be constructed by the Developer, and as security to be held by the Township for the warranty periods to be more particularly described in the Subdivision Agreement for the Subdivision Lands, all to the satisfaction of the Township acting in its sole and absolute discretion. The said Letter of Credit shall provide that if, in the sole opinion of the Township,. default under the terms of this Agreement has taken place, the said letter of Credit may thereupon be drawn upon in whole or in part; e} A certified copy of an insurance policy, or a cerkificate of insurance in a form satisfactory to the Township, confirming comprehensive general liability in the amount of Five Million Dollars 05,000,000.00), naming the Tawnship as ao- insured and indemnifying the Tawnship from any and all lass arising from claims or damages. injury or otherwise in connection with the work done by or an behalf of the Developer, and containing the following additional provisions ar endorsements' 11 ProductsfCompleted Operations previsions; 2} Cross-liability clause; 3} Blasting included, only if done by an independent contractor; 4} Notice of Cancellation - a prevision that the insurance company agrees to notify the Township within fifteen (15} days, in advance, of any cancellation ar expiry of the said insurance policy. The insurance policy shall be maintained in full force and effect until the Subdivision is assumed by the Township. and failure to so maintain the policy shall be deemed to be a breach of this Agreement. f} All Servicing Plans shall be submitted to and accepted by the Tawnship Engineer; g} The Ministry of the Environment and Energy has given technical approval to the Servicing Plans. 3. INSPECTION BY THE TOWNSHIP 3.1 The Developer agrees to permit unrestricted access to the Subdivision Lands to the Township and its agents for the purpose of inspection of the Tawnship services to be installed by the Developer. Notwithstanding that inspections may be conducted by the Township or its agents, the Developer shall bear sole responsibility far the soundness of the Engineering design of the Township services, and far ensuring that the Township services to be installed will function, as intended, and will be compatible with the final Plan of Subdivision when and if such Plan of Subdivision is approved. 3.2 If, in the opinion of the Township, there is an emergency situation as a result of any work undertaken by the Developer or its servants, or agents, which requires immediate attention to avoid damage to private or public property or services owned by the Tawnship or to eliminate a potential hazard to persons, such work may be done immediately by the Tawnship at the expense of the Developer, but notice shall be given to the Developer at the earliest possible time. 4. APPLICATION OF SECURITY 4.1 In the event of default by the Developer under the terms of this Agreement, or if the Township is required to enter onto the Subdivision Lands or the abutting Tawnship lands to conduct any work on the Township services or the connection of the Township services to facilities due to an emergency, the Township shall be entitled to draw upon the security posted by the Developer pursuant to the terms of this Agreement, in whole or in part, to cover the costs incurred by the Tawnship in remedying the default on the part of the Developer, or in addressing the emergency situation. 5. NO REDUCTION OF SECURITY 5.1 The Developer acknowledges and agrees that no reduction in the amount of security filed by the Developer with the Township, in accordance with the terms of this Agreement, shall be permitted until such time as the Developer has entered into the Subdivision Agreement far the Subdivision lands with the Township. Thereafter, any reductions in the security pasted by the Developer shall be completed in accordance with the terms of the said Subdivision Agreement. 6. NO ASSUMPTION OF TOWNSHIP SERVICES 6.1 The Developer acknowledges and agrees that the Township shall net be required to assume the Tawnship services to be constructed by the Developer, pursuant to the terms of this Agreement, until such time as the Developer has entered into a Subdivision Agreement with the Township for the Subdivision Lands, and the Tawnship services have been completed, inspected, and approved. 7. WITHQRAWAi. OF PERMISSION 7.1 The Developer acknr~wledges and ,ie~re~~ ;that the Township is entitled to withdraw its permi ;°~+on granted herein for the installation and construction of the Township service ,, if it ~, determined, in the sole and absolute discretion of the Township, that such withdrawal is in the best interests of the Township. Upon notification of such withdrawal of permission, the Developer covenants and agrees to immediately cease any further construction, installation and other work in respect of the Township services. The Developer acknowledges that it shall have no claim against the Township if it exercises its right to withdraw the permission granted under this Agreement and it specifically waives and disclaims its rights to make any claims in connection therewith. 8. NOTICE E3.1 Any notice required to be given pursuant to this Agreement may be given by prepaid registered post to the Developer at the following address: Moss Development Ltd. 67 Tanjo Gourt Thornhill. Ontario L4J 3B4 9. NO ASSIGNMENT 9.1 The Developer shall not assign or otherwise transfer the benefit of this Agreement without the written consent of the Township, which may be unreasonably withheld. 10. APPI.ICASLE t_AW 10.1 This Agreement shall be interpreted under and is governed by the laws of the Province of Ontario. and such notice shall be deemed to have been given and received on the third day after mailing. IN W1TN@SS WtfEREO~the Developer has hereunto set its hands and seals this stay-~f ~/ , 2C}08. /: .( ~~ Per: ~/ = ,,:'f't z- ~'~-~" -_ ____ _ _, Developer Per David Doering Developer tN WITNESS WHEREOF the Township has hereunto sets its hands and seals this day of , 2008. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: Per: H.S. Hughes, Mayor J. Douglas Inrrin, Glerk n SCHEDULE"A" DESCRIPTION flF LANDS: Part Lot 11, Canc. 2 EPR Oro, Part RDAL BTN Lot Q & it, Canc. 2 Oro, as closed by By-law ORO18994, being Part 2, 5tR-2282, except Parts 1, 2, 51R-26026 and Part t, 51R-35600, T!W R04$7177, being all of PiN #58544-0140 (Lt), Township of Ora-Medonte, County of Simcoe SCHEDULE"B„ CASH DEPOSITS TO BE FLED WITH THE TOWNSHIP: Township's solicitor and Planner for all costs involved in processing the Pre- Servicing Agreement and for all the Township's Engineers for checking of plans, specifications and inspections an behalf of the Township. $ 10.000.00 TC1TAl_ CASH DEPOSITS TO THE TOWNSHIP $ 10,000 Q0 2. A Letter of Credit as security to ensure the due completion of the Township services to be constructed by the Developer and as security to be held by the Township until the Developer enters rota a Subdivisian Agreement for the Subdivisian Lands. SECURITY TO DE DEPOSITED WifiH THE TOWNSHIP $ 2©.000.00 Q Cornmerciai Banking Crer tsi4te <`redii Administration Strvices t ~~+mmercial Grnu{{r ~~ ~ Tahfv~ H1vd., E3idg~ it t, nth FI«or till„~„eu~a t)nlario L4W SP2 T: ~111f.~t1-tWb3 IRRFVt)C'ABLI LETTER OF CREDIT letter of Credit # 1025-9324232-19 Date: May 30, 2008 Except as otherwise e:zpressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practises for CC?acumentary Credits !2447 Revision}, being lCC Publication No. 600 TO: ft tE CORPOR~Ti{7N OF THE TOWVSHIP OF C7R0-M>I30N"fE P.O. BC)X 144, (?RC3, t7NTARIO t_OL 2X0 We hereby authorize you to draw an the Bank of The Toronto-Dominion, 55 King Street W., Taranto, Ontario MSK 1 A2, fnr the account of Moss Development Ltd. in support of Firm Capital Corporation up to an aggregate amount of TWENTY THOUSAND DOLLARS (520,000.00) which is available on demand. Pursuant to the request of our said customer, Moss Development Ltd. in support of Firm Capita! Corporation we, the Bank of The Toronto-Dominion 55 King Street W., Toronto, Ontario MSK IA2 hereby establish and give to you an Irrevocable Letter of Credit in your favour in the above amount, which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether ynu have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Iaemand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro-Medante. The original Letter of Credit must be presented [o us at: Bank of The Toronto- Dominion SS King Street 1'<'., Toronto, Ontario MSIi IA2. The Letter of Credit, we understand, relates to a Subdivision Aerccrncnt between our said customer and the Corporation of the Township of Ora-Medonte, with hloct¢age Company as a third party, regarding subdivision of 95 Line t North, Township of Oro- ;tliedonte. The amount of this Letter of Credit may be reduced from time to time as advised by notice in writing, given to us by an authorized signing afTicer of the Corporation afthe Township ofOro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Ixtter of Credit will continue in force for a period of one year, but shat) be subject to the conditions hereinafter set forth. It is condition of this Letter of Credit that it shat! be deemed to be automaticali~ extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, ar any future expiration date, we notify you in writing by courier that we elect not to consider this Letter of Credit to be renewable for any additional period. i..etter of Credit No. 1 02 5-932 423 2-1 9 FOR: The Toronto-Dominioo Bank 55 King Street W. Toronto, Ontario 115K tA2 Christine Ts`e T665 Credit Compliance Officer THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. aoa$-a$5 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL. MEETING HELD ON WEDNESDAY, JULY 16, 20a$ THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOt_t_OWS: 1. THAT the action of the Council at its Special Council Meeting held an Wednesday, July 16, 2008, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Munioipal Board is required, hereby adapted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do ail things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro-Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 16th DAY OF JULY, 2aa$. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16th DAY OF JULY, 2aas. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, HS. Hughes Clerk, J. Douglas Irwin