1999-012 To authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Napoleon Systems & Developments Ltd
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 99-12
.
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
CONTROL AGREEMENT.
WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as Site Plan
Control Areas, was passed by Council for the Township of Oro-Medonte pursuant to the
provisions of the Planning Act, 1990, R.S.O. c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control
pursuant to By-Law No. 94-149;
AND WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O. 1990 c. P. 13, as amended, and Council deems it
necessary to enter into a Site Plan Control Agreement on the lands described herein;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as
Appendix "B", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Schedule "A" and Appendix "B" shall form part of this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by Council.
BY-LAW READ A FIRST AND SECOND TIME THIS 3m DAY OF FEBRUARY 1999.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 3m OF
FEBRUARY 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYOR IAN BEARD'
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CLERK YNDA AIKEN
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Document General
Form 4 -- Land Registration Reform Act
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New Property Identifiers
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Executions
(1) Registry [!]
3) property
Identifier(s)
Land Titles 0 (2) page 1 of
pages
AdditionaJ:
&Je
Schedule
Block
Property
4) Nature of Document
SITE PLAN AGREEMENT
(5) Consideration
Nil------------------------Dollars $ 00.00
(6) Description
Firstly:
In the Township of Oro-Medonte (formerly Oro),
in the County of Simcoe, being part of the roa
allowance between Lot 11 and E, in the First
Concession east of penetang Road.
AdditionaJ: Continued on Schedule attached.
S8e D
Schedule
Additional:
S8e
Schedule
(8) This Document provides as follows:
o
(7) This
Document
Contains:
(b) Schedule For:
(a) Redescription
New Easement
Plan/Sketch
Additional OM
o Description D Parties Other @j
Site Plan Agreement attached.
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
Continued on Schedule 0
Signature (s)
Date of signature
Y M D
THE CORPORATION OF THE TOWNSHIP OF
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ORO-MEDONTE, (Municipality) by its
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.---.. ..........................---..--...----......---...--...--.......
solicitors, RUSSELL, CHRISTIE,
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Per:
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................ .......... ...........
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MILLER, KOUGHAN, WINNITOY
(11) Address
for service P.O. Box 100,
(12) Party(ies) (Set out Status or Interest)
Name(s)
William S. Koughan
Oro, Ontario, LOL 2XO
. NAP'QLE.Q~.. S.XS'fE.l>1's.. ~.......
Slgnature(s)
D ate of Signature
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Not assigned
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......................--...-----...------------.--.------.-
...............--.---..-..--.,....---.....................
(13) Address
for5ervice C/O Mr. Wolfgan Schroeter, R.R. #1, Barrie, Ont., L4M 4Y8
(14) Municipal Address of Property (15) Document Prepared by: >- Fees and Tax
-'
~ Registration Fee
IILLlAM S. KOUGHAN
{USSELL. CHRISTIE, MILL.ER. KOUGHAN
dARRISTERS & SOUCITORS
SOX 158, 506 MEMORIAL AVENUE
ORILUA, ONTARIO L3V 8J3
(705) 32501328 FAX (705) 327-1811
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DYE & DURHAM co INc--Form No. 990
Amended NOV. 1992
Schedule
Form 5 - Land Registration Reform Act
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Additional Property Identifier(s) and/or Other Information
Page
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Box 6 - Continued
PARCEL A
In the Township of Oro-Medonte (formerly Oro), in the County of Simcoe, being Part of the road
allowance between Lot 11 and E, in the First Concession east of the Penetang Road, more
particularly described as follows:
PREMISING that the northerly limit of the road allowance between said Lots 11 and E has a
bearing of North 59 degrees 41 minutes 20 seconds East and relating all bearings herein thereto.
COMMENCING at a point in the northerly limit of old King's Highway No. 11, as shown on
Department of Highways Plan No. 18270 for Oro, distant easterly on a bearing North 59 degrees
41 minutes 20 seconds East 772.69 feet from the south-west angle of said Lot 11;
THENCE north 31 degrees 58 minutes 10 seconds west, 24.53 feet more or less to the northerly
limit of the original road allowance;
THENCE north 58 degrees 9 minutes east, 1674.47 feet, more or less to the southerly limit of the
lands acquired for the purposes of a provincial highway by Department of Highways Plan No.
17048 for Oro;
THENCE north 76 degrees 44 minutes east, 233.08 feet more or less to the northerly boundary of
old King's Highway No. 11;
THENCE south 59 degrees 41 minutes 20 seconds west along the said northerly boundary
1,865.23 feet more or less to the place of commencement.
PARCEL B
In the Township of Oro-Medonte (formerly Oro), in the County of Simcoe, being Part of Lot 11 and
Part of Lot E, both in the First Concession, east of the Penetang Road and part of the road
allowance between said Lot 11 and Lot E, in the First Concession east of the Penetang Road,
more particularly described as follows:
PREMISING that the northerly limit of the road allowance between said Lots 11 and E has a
bearing of North 59 degrees 41 minutes 20 seconds East and relating all bearings herein thereto.
COMMENCING at a point in the northerly limit of old King's Highway No. 11 as shown oA
Department of Highways Plan No. 18270 for Oro, distant easterly on a bearing North 59 degrees
41 minutes 20 seconds East 772.69 feet from the southwest angle of said Lot 11;
THENCE north 31 degrees 58 minutes 10 seconds West, 360 feet more or less to the south limit
of the lands acquired for the purposes of a provincial highway by Department of Highways Plan
No. 18270 for Oro;
THENCE north 11 degrees 10 minutes 10 seconds East, 63.97 feet more or less to the south limit
of the lands acquired for the purposes of a provincial highway by Department of Highways Plan
No. 17048 for Oro;
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DYE & DURHAM CO INC -Form No. 990
Amended NOV. 1992
Schedule
s
Form 5 - Land Registration Reform Act
Page
Additional Property Identifier(s) and/or Other Information
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THENCE north-easterly 460.19 feet on a curve right of 2,764.79 feet radius, the chord equivalent
being 459.66 feet measured north 61 degrees 01 minutes 54 seconds East to a standard iran bar;
THENCE north-easterly 527.58 feet on a curve right of 2,764.69 feet radius, the chord equivalent
being 526.78 feet measured north 71 degrees 16 minutes, east to a standard iran bar;
THENCE north 76 degrees 44 minutes East, 731.27 feet to a standard iran bar;
THENCE north 76 degrees 44 minutes East, 185.02 feet to a point in the northerly boundary of
old King's Highway No. 11 as shown on Department of Highways Plan No. 17048 for Ora;
THENCE south 59 degrees 41 minutes 20 seconds west along the said northerly boundary
1,865.23 feet more or less to the place of commencement, being all of the lands described in
registered instrument no. 194472.
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SITE PLAN AGREEMENT
- between -
NAPOLEON SYSTEMS & DEVELOPMENTS LTD.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 11, Concession 1,
Township ofOro-Medonte
County of Simcoe
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
January, 1998
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Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
THE TOWNSIDP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Covenants by the Mortgagee
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this
Section 41 of the Planning Act.
f
day of December4996, in accordance with
BETWEEN:
NAPOLEON SYSTEMS & DEVELOPMENTS LTD.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a
Warehouse/Retail Outlet on lands described in Schedule "A", attached hereto:
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as follows:
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1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a)
The Owner owns the subject lands described in Schedule "A", attached hereto and
has provided the Township with a Registered Deed containing the legal description of
the subject lands.
This Agreement may be registered against title to these subject lands and shall take
priority over any subsequent registrations against the title to the subject lands.
c)
No work shall be performed on the lands nor any use made of the subject lands with
respect to the proposed development except in conformity with all the provisions of this
Agreement.
d)
The Owner shall, prior to the execution of this Agreement obtain all necessary permits
and approvals from the Township and from all Ministries and Agencies, including, but
not limited to the County of Simcoe District Health Unit.
e)
The Owner shall, prior to the execution of this Agreement, pay all Municipal taxes and
charges related to obtaining the approval of these lands for the intended use.
f)
The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and Staff, perform
any work in connection with this Agreement, including the preparation, drafting,
execution, and registration of this Agreement. The Owner acknowledges and agrees
that the Owner shall be responsible for the cost of performance of all the Owner's
obligations hereunder unless the context otherwise requires. Every provision of this
Agreement by which the Owner is obligated in any way shall be deemed to include the
works "at the expense of the Owner" unless specifically stated otherwise. The
refundable deposit for expenses shall be Five Thousand Dollars ($5,000.00). The
owner shall replenish the refundable deposit, to its full amount, when the expenses are
submitted by the Township.
g)
That there is presently No mortgage(s) registered against the title to the subject
property in favour of the Mortgagee.
h)
The Owner shall file with the Township Solicitor, for his approval, a postponement of
Mortgage/Document.
The Owner shall have delivered to the Township all Transfers/Deeds, Discharges and
Easements or other documents required by Schedule "C", as well as certification from
the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the
Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a)
t b)
That the Township has enacted a By-law to permit the Warehouse/Retail Outlet,
described on the Site Plan.
That the Township agrees that subject to compliance by the Owner with all relevant
Municipal By-laws and Provincial Statutes and Regulations, the Owner may proceed to
develop the subject lands as indicated on the Site Plan attached hereto as Schedule
"B", subject to the development restrictions contained herein.
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3. COVENANTS BY THE MORTGAGEE
The mortgagee covenants and agrees as follows:
a)
That registration of this Agreement against the title to the subject property shall be made
and the Mortgagee agrees to postpone its mortgage interest in the property to this
Agreement.
_4.
DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the Owner
shall be on and subject to the following terms and conditions:
a) Site Plan
The use and development of the subject lands shall be
in accordance with and as set out on the Site Plan
attached hereto as Schedule "B".
b) Liqhtinq
All lighting systems installed outside, such as
floodlights, shall be directed away from any
adjacent residential use and/or roadway, not
to cause interference in any way.
c) Parkinq Areas and Driveways
All parking areas and driveways shall be
constructed, in conformity with Section 5.19 & 5:20 of By-law No. 97-95,
as amended, and the Ontario Building Code Regulations 419/86 and
such parking areas, loading and access areas shall be kept free and clear
of snow and ice and kept adequately drained. All entrances shall be
constructed as in Schedule "B", attached. The Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, County of
Simcoe and Township of Oro-Medonte.
d) Outside Storaqe
No outside storage shall be permitted between any
buildings on the premises and any street. Any other outside storage shall
be contained in the fenced compound as identified on Schedule "B".
e) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for
garbage and waste as shown on the Site Plan and to install
and maintain litter containers in and around development on the lands.
All metal scrap and associated refuse contained in the fenced compound
shall be removed on a weekly basis.
f)
Landscapinq
The Owner shall complete all landscaping and
landscaped areas shown on the Site Plan, attached as
Schedule "B", as soon as weather permits and all
grading and sodding required according to any
Engineering drawings submitted, shall be done on all
lawn areas.
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5. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or the
Schedules attached hereto unless and until such changes have been approved in writing by
all Parties.
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6. SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township to
cover the faithful performance of the obligations of the Owner arising under this Agreement,
including but not limited to the construction of the works and services identified in Schedule "0"
to this Agreement (the "said Work"), the following securities:
Cash in the amount of one-hundred percent (100%) of the estimated cost of the said
work as approved by the Township Engineer and Township Council, or:
b)
An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the
requirements of Schedule "E", with an automatic renewal clause, in the amount of one
hundred percent (100%) of the estimated costs of the said works, and as approved by
the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period
of one (1) year or such time as the Township decides and shall be renewed
automatically, as necessary, thirty (30) days prior to expiration.
c)
The Township reserves the right to accept or reject any of these alternative methods of
providing securities. Prior to depositing the securities, the Owner's Engineer shall
submit an estimate of the cost of the works to the Township Engineer for approval.
When the cost estimate has been approved, it will be set out in Schedule "0" of this
Agreement and will become the basis for the limits of the securities.
d)
Any Letter of Credit or security filed with the Township is based upon the estimated cost
of completing the various matters prescribed by this Agreement. However, all Letters of
Credit and Security received by the Township may be used as security for any item or
any other matter which under the terms of this Agreement is the responsibility of the
Owner, including without limiting the generality of the foregoing, payment of
engineering, legal, planning or other costs incurred by the Township which are the
responsibility of the Owner, under the terms of this Agreement.
e)
Upon written notification by the Owners' agent, certifying that all required works for
which the Letter of Credit was submitted, have been completed in accordance with
the plans submitted and upon confirmation by the Township or its agent that the
Owner's obligations under this Agreement have been completed, the Township will
return said Letter of Credit.
f)
If in the event of default of the Owner under any of the provisions of this Agreement,
it becomes necessary for the Township to realize on its security or deposits, then
the Township shall give by registered mail twenty-one (21) days notice, its intent to
draw down on the security or deposit.
7.
COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein and upon default on the
part of the Owner hereunder, the Township shall, in addition to any other remedy available to
it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980,
Chapter 302, as amended.
CO-OPERATION
The Owner consents to the registration of this Agreement by the Township upon the title of the
subject lands at the expense of the Owner and agrees to execute such further and other
documents, consents or applications as required for the purpose of securing registration and
giving effect to the provisions of this Agreement.
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9. BINDING EFFECT
This Agreement and everything contained herein shall be binding upon the successors and
assigns of the Parties hereto and upon the lands described in Schedule "A", attached hereto,
such Schedule being a legal description of the lands, and it is further agreed that this
Agreement shall be prepared, approved and registered on title.
SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity
of the Agreement as a whole or any part thereof, other than the provision so declared to be
invalid.
11. SAVE HARMLESS
The Owner on behalf of itself, its successors and assigns agrees to indemnify and save
harmless the Township from and against any and all claims, suits, actions and demands
whatsoever which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work or
services required to be completed under this Agreement, provided the subject matter of such
action, suits, claims or demands was not caused intentionally or through gross negligence on
the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under
the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
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) Owner, by wolfga;q- Schroeter
) I have authority to bind the Corporation
)
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)
) The Corporation the
) Township of Oro-Medonte
) per:
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) Mayor, Ian Beard
)
)
)
) Clerk, Lynda Aiken
)
)
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Schedule "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Napoleon Systems &
Developments Ltd.
LEGAL DESCRIPTION OF LANDS
PARCEL A
In the Township of Oro-Medonte (formerly Oro), in the County of Simcoe, being Part of the road
allowance between Lot 11 and E, in the First Concession east of the Penetang Road, more
particularly described as follows:
PREMISING that the northerly limit of the road allowance between said Lots 11 and E has a
bearing of North 59 degrees 41 minutes 20 seconds East and relating all bearings herein thereto.
COMMENCING at a point in the northerly limit of old King's Highway No. 11, as shown on
Department of Highways Plan No. 18270 for Oro, distant easterly on a bearing North 59 degrees
41 minutes 20 seconds East 772.69 feet from the south-west angle of said Lot 11;
THENCE north 31 degrees 58 minutes 10 seconds west, 24.53 feet more or less to the northerly
limit of the original road allowance;
THENCE north 58 degrees 9 minutes east, 1674.47 feet, more or less to the southerly limit of the
lands acquired for the purposes of a provincial highway by Department of Highways Plan No.
17048 for Oro;
THENCE north 76 degrees 44 minutes east, 233.08 feet more or less to the northerly boundary of
old King's Highway No. 11;
THENCE south 59 degrees 41 minutes 20 seconds west along the said northerly boundary
1,865.23 feet more or less to the place of commencement.
PARCEL B
In the Township of Oro-Medonte (formerly Oro), in the County of Simcoe, being Part of Lot 11 and
Part of Lot E, both in the First Concession, east of the Penetang Road and part of the road
allowance between said Lot 11 and Lot E, in the First Concession east of the Penetang Road,
more particularly described as follows:
PREMISING that the northerly limit of the road allowance between said Lots 11 and E has a
bearing of North 59 degrees 41 minutes 20 seconds East and relating all bearings herein thereto.
COMMENCING at a point in the northerly limit of old King's Highway No. 11 as shown on
Department of Highways Plan No. 18270 for Oro, distant easterly on a bearing North 59 degrees
41 minutes 20 seconds East 772.69 feet from the southwest angle of said Lot 11;
THENCE north 31 degrees 58 minutes 10 seconds West, 360 feet more or less to the south limit
of the lands acquired for the purposes of a provincial highway by Department of Highways Plan
No. 18270 for Oro;
THENCE north 11 degrees 10 minutes 10 seconds East, 63.97 feet more or less to the south limit
of the lands acquired for the purposes of a provincial highway by Department of Highways Plan
No. 17048 for Oro;
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THENCE north-easterly 460.19 feet on a curve right of 2,764.79 feet radius, the chord equivalent
being 459.66 feet measured north 61 degrees 01 minutes 54 seconds East to a standard iron bar;
THENCE north-easterly 527.58 feet on a curve right of 2,764.69 feet radius, the chord equivalent
being 526.78 feet measured north 71 degrees 16 minutes, east to a standard iron bar;
THENCE north 76 degrees 44 minutes East, 731.27 feet to a standard iron bar;
THENCE north 76 degrees 44 minutes East, 185.02 feet to a point in the northerly boundary of
old King's Highway No. 11 as shown on Department of Highways Plan No. 17048 for Oro;
THENCE south 59 degrees 41 minutes 20 seconds west along the said northerly boundary
1,865.23 feet more or less to the place of commencement, being all of the lands described in
registered instrument no. 194472.
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SCHEDULE "B"
~ NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Napoleon Systems &
Developments Ltd.
SITE PLAN
As Plan dated September 2, 1998, Site Plan is not in a registerable form and is available from the
Township of Oro-Medonte.
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SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Napoleon Systems &
Developments Ltd.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or
Block Number inserted in the description of the document, and the registered Plan Number shall be
left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number
assigned.
The consideration for all conveyances shall be the sum of Two dollars ($2.00) and the cost of
preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered, shall be prior approved by the Solicitor for the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
3.0 EASEMENT FOR SEWER
As per attached Schedule "C", Easement Agreement between Napolean Systems and
Development Ltd. and The Township ofOro-Medonte.
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DYE & DURHAM CO. IN(;.-~orm No. 970
Amended NOV. 1992
.,1;
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U1. Province
~~~ of
~ Ontario
Transfer/Deed of Land
Form 1 - Land Registration Reform Act
~ A
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(1) Registry E9
(3) Property
Identlfler(s)
Land Titles
o 1(2) Page 1 of '1
Property
pages
Block
Additional:
See
Schedule
o
(4) Consideration
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TWO
Dollars $ 2 . 00
(5) Description
This is a:
Property
Division 0
Property
Consolidation 0
Additional:
See
Schedule
That part of the original Road Allowance between Lot
11 and E, Concession 1 E. P. R. and Part of Lot E
Concession 1, E. P. R. designata:} as Part 1, Plan 5lR-
28167, Township of Oro-Me1onte, fonnerly Township of
Oro, County of Simcoe.
o
Additional:
See 0
Schedule
(6) This (a) Redescription (b) Schedule for:
Document New Easement
Contains Plan/Sketch t:8J Description 0
Additional
Parties 0 Other 0
(7) Interest/Estate Transferred
~
Transfer of Easement
(8) Transferor(s) The transferor hereby transfers the land to the transferee
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Date of Signature
Y M D
Name(s) Signature(s)
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. . . . . . . . . . . . . .
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1998. 11.
. . . .
Lynda Aiken - Clerk
(9) Spouse(s) of Transferor(s) I hereby consent to this transaction
Name(s)
Signature(s)
Date of Signature
Y M D
. . . . . . . . . . . . . . . . . .. ....,..",..,..... ............,.................... ......... ....
(10) Transleror(s) Address
for Service
P.:O. Box 100, Oro, ON
LOK 2EO
(11) Transferee(s)
Date of Birth
Y M D
I
. NAroLEON SYSTEMS. & .DEVEWIMENTS . L'I'D.. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I .
. . . . . . . . .
. . . .
. . . . . . . . . . .. " . . . ... . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
. . . .
. . . . . . . . . .. .. ...... .... . . . . . , . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
. . . . . . . . .
. . . .
(12) Transferee(s) Address
for Service
c/o Mr. Wolfgang Schroeter, R.R. #1, Barrie, ON
L4M <4'&'8
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act.
Date of Signature Date of Signature
Y M D Y M D
Ii! I I !
Signature. . , . . . . . . . . . . . . . . . . . . . . . .:. . . . . .:. . . J . . .: Signature......,....................;...... :. . . .: . . . .
Solicitor for Trans'eror(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
<i. determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
o Name and i, Y 1M, D
~ Address of ' i i
o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . '. . . ., . . . .
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(14) Solicitor 'or Transferee(s) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records
reveal no contravention as set out in subclause 50 (22) (c) (ii) of the Planning Act and that to the best of my knowledge and belief this transfer
does not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing.
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Name and
Address of
Solicitor
Date of Signature
Y M D
Signature. . . . . . . . . . .
. , , . . . . . . . , . .
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, . .1, , . . . .
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(15) Assessment Roll Number
of Property
(16) Municipal Address of Property
Cty.
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Fees and Tax
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(17) Document Prepared by:
John Cockburn (Cockburn & Smith
89 Collier St., Box 955
Barrie, ON L4M 4 Y6
Registration Fee
Land Transfer Tax
Total
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SCHEDULE
Box 6(a) - New Easement
WHEREAS the Transferor is the registered owner of the lands and premises more
particularly described in Schedule "A" attached (hereinafter referred to as the "Tract");
AND WHEREAS the Transferee is the owner of the lands to be benefitted by the within
easement more particularly described in Schedule "B" attached (the Benefitting Lands");
AND WHEREAS the Transferor has agreed to convey an easement to the Transferee to
permit the installation of pipes and conduits underthat portion of the Tract more particularly
described in Schedule "A".
WITNESSETH THAT IN CONSIDERATION of the sum of Two Dollars ($2.00) of lawful
money of Canada now paid by the Transferee to the Transferor, the receipt whereof is
hereby acknowledged, the parties hereto agree as follows:
1. Grant of Easement
The Transferor does hereby grant, convey and transfer unto the Transferee, its
successors and assigns, the right and easement in, along, under and through the
portion of the Tract more particularly described in Schedule "A" hereof for the
purposes of installing pipes and conduits including the right to lay down, construct,
maintain, repair, remove, replace and reconstruct such pipes and conduits.
2. Right of Ingress and Egress
Together with the right of ingress and egress to, from, in and over the Tract for itself,
its servants, agents, contractors, sub-contractors with or without vehicles,
machinery and equipment for all purposes, useful or convenient in connection with
or incidental to the exercise and enjoyment of the right and easement herein
granted and transferred as and from the date hereof and continuing in perpetuity.
3. Terms & Conditions
The aforesaid right and easement is herein granted and transferred on the following
terms:
a) Commencment and Completion of Construction
The Transferee covenants and agrees that no work shall be carried out on
the Tract in connection with the installation, maintenance, alteration or repair
of the said pipes without the prior written approval of the Transferor. The
Transferee further covenants that after the performance of any work on the
Tract, it shall restore the surface of the Tract to the same condition as it was
prior to the commencement of any such work, at the Transferee's sole cost.
b)
No Obstruction of Traffic
The Transferee covenants that it shall exercise its rights hereunder in such
a manner that the flow of traffic along the Tract or adjacent municipal streets
shall not be impeded or obstructed in any material way.
c)
Emergency Situation
If, in the opinion of the Transferor, there is an emergency situation arising as
a result of any work undertaken on the Tract by the Transferee, its servants
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'" or agents, which requires immediate attention to avoid damage to private or
public property or services owned by the Transferor, or to eliminate a
potential hazard to persons, such work may be done immediately by the
Transferor at the expense of the Transferee, but notice of the requirement
for such works shall be given to the Transferee at the earliest possible time.
d) Costs and Expenses of the Transferor
~ The Transferee acknowledges and agrees that it shall be responsible for all
costs and expenses incurred by the Transferor in granting this easement
(including legal and related costs), together with any and all costs or
expenses incurred by the Transferor in completing any work upon the Tract
required as a result of the use or occupation of the Tract by the Transferee,
whether as a result of default by the Transferee under the terms of this
Agreement or otherwise. All such costs and expenses incurred by the
Transferor shall be payable by the Transferee to the Transferor immediately
upon written demand therefor, and all expenses for which demand for
payment has been made by the Transferor shall bear interest at the rate of
12% per annum commencing 30 days after demand has been made.
In the default of payment by the Transferee, any cost or expense incurred by
the Transferor in restoring the Tract to its former condition after the
commencement of any work by the Transferee or in enforcing the
performance of anything required to be done by the Transferee under the
terms of this Agreement, may be added to the tax roll for the Benefitting
Lands and recovered in the like manner as municipal taxes, in accordance
with the provisions of Sections 308.3(b) and 326 of the Municipal Act, R.S.O.
1990, c.M.45.
The Transferee agrees to file with the Transferor, on or before the date of
execution of this Grant of Easement by the Transferor a deposit in the
amount of $2,000.00 by cash, certified cheque or Letter of Credit, to be held
as security to be applied by the Transferor against any cost or expenses
incurred by the Transferor as contemplated above (including but not limited
to legal and related expenses incurred in connection with the granting of this
easement). The balance of the deposit filed by the Transferee with the
Transferor, if any, shall be returned to the Transferee upon the termination
of this Grant of Easement, provided that the Transferee has first removed the
pipes and conduits from the Tract and restored the Tract to its original
condition, to the satisfaction of the Transferor.
e) Termination of Easement
The Transferor shall have the right to terminate this Grant of Easement on
10 days written notice in the event of default in or breach of any term,
condition or covenant of this Grant of Easement which default is not cured
by the Transferee within thirty (30) days of a written demand being made by
the Transferor.
The Transferee covenants, upon the termination of this Grant of Easement,
to remove the private pipes and conduits and all other related works and
e appurtenances from the Tract, and to restore the Tract to its former
condition, at the sole expense of the Transferee.
f) Maintenance of Works
The Transferee covenants and agrees that it shall be solely responsible, at
its sole expense, for the maintenance, repair and replacement of the pipes
and conduits installed pursuant to this Easement.
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g)
Indemnity
The Transferee hereby agrees to indemnify and save harmless the
Transferor, its agents, servants and employees, from all claims, demands,
suits or actions, or claims for negligence or otherwise, including non-repair,
which may be made or brought against the Transferor, its agents, servants
and employees, by any person or persons using the Tract, arising out of the
granting of this Easement, including the costs of defending such suits,
actions or claims.
h)
Transferee's Rights Not To Be Interrupted
The Transferee performing and observing the covenants and conditions on
its part to be observed and performed, shall and may peaceably hold and
enjoy the right and easement herein granted and transferred without
hindrance, molestation or interruption on the part of the Transferor or of any
person claiming by, through, under or in trust for the Transferor.
i) Additional Documents
The Transferee will, if so requested by the Transferor, execute such further
and other documents of title and assurances in respect of the Tract as may
be requisite and such documents shall be prepared at the expense of the
Transferee.
j) Notices
4.
5.
All Notices to be given hereunder may be given by registered letter
addressed to:
Transferor at:
P.O. Box 100, Oro, ON LOK 2EO
Transferee at:
c/o Mr. Wolfgang Schroeter,
R.R. #1, Barrie, ON L4M 4Y8
or such other address as the Transferor and the Transferee may respectively
from time to time designate in writing, and any such Notice shall be deemed
to have been given to and received by the addressee three (3) days after the
mailing thereof, postage prepaid and registered.
Covenants Running With The Land
a) The right and easement herein granted and transferred, and the
burden herein set forth, shall be of the same force and effect to all
intents and purposes as a covenant running with the Tract.
Successors and Assigns
This Indenture, including all the covenants and conditions herein contained,
shall extend to, be binding upon and enure to the benefit of each and all of
the heirs, executors, administrators, successors-in-title, and assigns of the
parties hereto respectively and wherever the singular or masculine is used
in this Indenture, it shall be construed as if the plural or the feminine or the
neuter, as the case may be, had been used, where the context or the Party
or Parties hereto so require, and the rest of the sentence shall be construed
as if the grammatical and terminological changes thereby rendered
necessary had been made.
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Benefitting Lands
The lands benefitted by this Grant of Easement are those lands registered
in the name of the Transferee as more particularly described in Schedule "B"
attached.
Witness the hands of the proper signing officers on behalf of the Parties hereto.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Per:
Per:
Lynda Aiken, Clerk
Ian Beard, Mayor
We have the authority to bind the Corporation
NAPOLEON SYSTEMS & DEVELOPMENTS LTD.
Per:
Wolfgang Schroeter
I have authority to bind the Corporation
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S C H E 0 U L E "A"
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Page 0
That part of the original Road Allowance between Lot 11 and E, Concession 1, E.P.R.
and part of Lot E, Concession 1, E.P.R. designated as Part 1, Plan 51 R-28167,
Township of Oro-Medonte, formerly Township of Oro, County of Simcoe
mc.napoleon\easement\scha
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SCHEDCLE
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PARCEL A-i2 C~.(,.w"
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In the Township of Oro~in the County of Simcoe, being Part of the rO;ld allowance between
Lot 11 and E, in the First Concession east of the Penetang Road, more particularly described
as follows:
PREMISING that the northerly limit of the road aIlowance between said Lots 11 and E has
a bearing of North 59 degrees 41 minutes 20 seconds East and relliting all bearings herein
thereto.
COMMENCING at a point in the northerly limit of old King's Highway No. 11 as shown
on Department of Highways Plan No. 18270 f~r Oro, distant easterly on a bearing North
59 degrees 41 minutes 20 seconds East 772.69 feet from the southwest angle of said Lot 11;
THENCE north 31 degrees 58 minutes 10 seconds west, 24.53 feet more or less to the
northerJy limit of the original road allowance;
THENCE north 58 degrees 9 minutes east, 1674A7 feet, more or le~s to the southerly limii
of the lands acquired for the purposes of a provincia! highway by Department of Highways
Plan No. 17048 for Oro;
THENCE north 76 degrees 44 minutes east, 233.08 fect more or less to the northerly
boundary of old King's Highway No. 11:
THENCE south 59 degrees ..+1 minutes 20 seconds ,.,Icst along the said northerly boundary
1,865.23 feet more or less to the place of commencement.
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In the Township of Oro~ in the County of Simcoe, being Part of Lot 11 and Part of Lot
E, both in the First Concession, east of the Penetang Road and part of the road allowance
between said Lot 11 and Lot E, in the First Concession east of the Penetang Road, more
particularly described as follows:
PARCEL B
PREMISING that the northerly limit of the road allowance between said Lots 11 and E has
a bearing of North 59 degrees -H minutes 20 seconds East and relating all bearings herein
thereto.
COMMENCING at a point in the northerly limit of old King's Highway No. 11. as shown
on Department of Highways Plan No. 18270 for Oro, distant easterly on a bear~ng North
59 degrees 41 minutes 20 seconds East 772.69 feet from the southwest angle of said Lot 11;
THENCE north 31 degrees 58 minutes 10 seconds West, 360 feet more or less to the south
limit of the lands acquired for the purposes of a provincial highway by Department of
Highways Plan No. 18270 for Oro;
THENCE north 11 degrees 10 minutes 10 seconds East, 63.97 feet more or less to the south
limit of the lands acquired for the purposes of a provincial highway by Department of
Highways Plan No. 17048 for Ora;
THENCE north-easterly 460.19 feet on a cun'e right of 2,764.79 feet radius, the chord
1
equivalent being 459.66 feet measured north 61 degrees 01 minutes 54 seconds East to a
standard iron bar;
THENCE northeasterly 527.58 feet on a curve right of 2,764.69 feet radius, the chord
equivalent being 526.78 feet measured north 71 degrees 16 minutes, east to a standard iron
bar;
THENCE north 76 degrees 44 minutes East, 731.27 feet to a standard iron bar;
THENCE north 76 degrees 44 minutes East, 185.02 feet to a point in the northerly boundary
of old King's Highway No. 11 as shown on Department of Highways Plan No. 17048 for
Oro;
THENCE south 59 degrees 41 minutes 20 seconds west along the said northerly boundary
1,865.23 feet more or less to the place of commencement.
being all of the lands described in registered instrument no. 194472.
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SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Napoleon Systems &
Developments Ltd.
ITEMIZE ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
1.1 Excavation/Stripping Top SoiVBackfilling
1.2 Tile Bed/Retention Pond
1.3 Exterior Plumbing (Civil) Sanitary/Storm Sewers
1.4 Head Wall
1.5 Rip Rap
1.6 Sidewalks/Curbs/Retaining Walls
1.7 Parking Lot Granular/Paving
1.8 Landscaping/Sodding
$39,000.00
$40,000.00
$53,540.00
$ 5,000.00
$ 5,000.00
$28,000.00
$52,340.00
$15,990.00
2.
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 6 herein.
$229,870.00
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SCHEDULE "E"
SITE PLAN AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for
Documentary Credits (1993 Revision), being ICC Publication No. UCP 500.
TO:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
P.O. Box 100, Oro Ontario, LOL 2XO
We hereby authorize you to draw on the Bank of
Ontario, , for the account of
, up to an aggregate amount of
WhiCh is available on aemand.
,
, ($$$$$$$$)
Pursuant to the request of our said customer, , we, the Bank of
, , Ontario, , hereby establish and give to you an
Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from
time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring
whether you have the right as between yourself and our said customer to make such demand and without recognizing
any claim of our said customer or objection by them to payment by us.
Demand shall be by way of a letter signed by an authorized signing officer of the Corporation ofthe Township of Oro-
Medonte. The original Letter of Credit must be presented to us at : Bank of
... , Ontario, . The Letter of Credit, we understand, relates to a
Site Plan Agreement between our said customer and the Corporation ofthe Township ofOro-Medonte, with Mortgage
Company, as a third party, regarding subdivision of
(property description)
The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an
authorized signing officer of the Corporation of the Township ofOro-Medonte.
Partial drawings shaH be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly
honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set
forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment
from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the
present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this
Letter of Credit to be renewable for any additional period.
Dated at
, Ontario, this
day of
19
authorized signature
authorized signature
Bank of
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