1998-101 To Enter into an Agreement Between the Corporation of the Township of Oro-Medonte and 689328 Ontario LimitedTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 98- 101
Being a By -law to Enter Into an Agreement Between The Corporation of the Township of
Oro - Medonte and 689328 Ontario Limited
WHEREAS it is deemed expedient to enter into an Agreement between the Township of Oro -
Medonte and 689328 Ontario Limited in the matter of Bidwell Road Closure and Transfer and
described as Part of the east half and the west half of Lot 36, Cone. 1, E.P.R., in the Township of
Oro - Medonte (formerly Township of Oro), County of Simcoe, designated as Parts 1 and 2, Plan
51R- 27039;
NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby
enacts as follows:
1. That the Mayor and Clerk be authorized to execute the Agreement between the Township of
Oro - Medonte and 689328 Ontario Limited, attached hereto as Schedule "A";
2. That this By -law shall come into full force and effect on its final passing thereof.
By -law read a first and second time this 21 day of October , 1998.
By -law read a third time and finally passed this 21st day of October 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, Ian Beard
Clerk, Lynda Aiken
9�
♦
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•
• 1 / �
THIS AGREEMENT made as of the 20th day of August, 1998,
689328 ONTARIO LIMITED,
Hereinafter called the "Owner"
OF THE FIRST PART
C
THE CORPORATION OF THE TOWNSHIP OF ORO-
1 D•
Hereinafter called the "Municipality"
OF THE SECOND PART
WHEREAS the Owner is the registered owner of the lands more
particularly described in Schedule "A" to this Agreement (the
"Subdivision Lands ");
AND WHEREAS a Draft Plan with Minister's Conditions (Ministry File
No. 43T- 91023) has been issued for a proposed subdivision on the
Subdivision Lands, which Draft Plan (the "Plan of Subdivision ") and
Minister's Conditions (the "Minister's Conditions ") are attached
hereto as Schedules "B" and "C" respectively;
AND WHEREAS the Municipality is the registered owner of the lands
more particularly described in Schedule "D" to this Agreement (the
"Township Lands ");
AND WHEREAS, the Owner has requested that the Municipality convey
the Township Lands to the Owner to facilitate the registration of
the Draft Plan, and in consideration of the Agreement on the part
of the Owner to construct Municipal Services as more particularly
set out in this Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the premises and for other good and valuable consideration and the
sum of Two Dollars ($2.00) of lawful money of Canada now paid by
each of the parties hereto to each of the other parties hereto,
(the receipt whereof is hereby acknowledged), the parties hereto
covenant and agree with one another as follows:
1. CONSTRUCTION OF MUNICIPAL SERVICES
1.1 In partial compliance with Condition Nos. 4 and 8 of
the Minister's Conditions, the Owner covenants and agrees to
construct, at the Owner's sole cost, those Municipal Services more
particularly identified in Schedule "E" to this Agreement (the
"Municipal Services "), upon those municipally owned lands described
as Part of the east half of Lot 36, Conc. 1, E.P.R., Township of
Oro- Medonte, (formerly Township of Oro), County of Simcoe. As
security to guarantee the construction of the Municipal Services,
the Owner agrees to deposit with the Municipality, prior to the
delivery by the Municipality of the Owner of the deed for the
Township Lands, a Letter of Credit in the amount of $36,000.00,
which Letter of Credit shall be in a form satisfactory to the
Municipality.
1.2 The Owner acknowledges and agrees that, in the event
that the Owner fails to enter into a further Subdivision Agreement
with the Municipality pursuant to Condition Nos. 4 and 8 of the
Minister's Conditions, and fails to complete the construction of
it the Municipal Services in accordance with the terms of this
Agreement and the further Subdivision Agreement on or before June
lst, 2000, the Municipality shall be entitled, upon ten (10) days
written notice to the Owner, to realize upon the Letter of Credit
filed by the Owner pursuant to the terms of this Agreement and to
retain the monies therefrom in full consideration for the transfer
to the Owner of the Township Lands.
1.3 The Municipal Services shall be constructed in
conformity with engineering plans and specifications to be filed
with and accepted by the Municipality prior to the commencement of
any Works, and shall be completed to the standards and
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specifications required by the Municipality, under the direction
and supervision of a practising consulting engineer employed by the
Owner who will certify construction to the satisfaction of the
Municipality.
1.4 The parties hereto acknowledge and agree that the
terms of this Agreement may be superseded in full or in part by the
terms of the further Subdivision Agreement to be entered into
between the parties pursuant to Condition Nos. 4 and 8 of the
Minister's Conditions, and that the security posted by the Owner
pursuant to the terms of this Agreement may be retained by the
Municipality to be applied in accordance with the terms of the
further Subdivision Agreement or may be replaced with such further
and other security required by the Municipality as identified in
the Subdivision Agreement, if the parties hereto so agree.
2. INSPECTION OF MUNICIPAL SERVICES
2.1 The Owner agrees to permit unrestricted access to
the Subdivision Lands to the Municipality and its agents for the
purpose of inspection of the Municipal Services to be installed by
the Owner. Notwithstanding that inspections may be conducted by
the Municipality or its agents, the Owner shall bear sole
responsibility for the soundness of the engineering design of the
Municipal Services, and for ensuring that the Municipal 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.
2.2 If, in the opinion of the Municipality, there is an
emergency situation as a result of any work undertaken by the Owner
or its servants, or agents, which requires immediate attention to
avoid damage to private or public property or services owned by the
Municipality or to eliminate a potential hazard to persons, such
work may be done immediately by the Municipality at the expense of
the Owner, but notice shall be given to the Owner at the earliest
possible time.
3. APPLICATION OF SECURITY
3.1 In the event of default by the Owner under the terms
of this Agreement, or if the Municipality is required to enter onto
the Subdivision Lands or the lands owned by the Municipality to
conduct any work on the Municipal Services due to an emergency, the
Municipality shall be entitled to draw upon the security posted for
its benefit by the Owner pursuant the terms of this Agreement, in
whole or in part, to cover the costs incurred in remedying the
default on the part of the Owner, or in addressing the emergency
situation.
4. NO REDUCTION OF SECURITY
4.1 The Owner acknowledges and agrees that no reduction
in the amount of security filed by the Owner with the Municipality
in accordance with the terms of this Agreement shall be permitted
until such time as the Owner has entered into the Subdivision
Agreement with the Municipality for the Subdivision Lands pursuant
to Condition No. 4 of the Minister's Conditions. Thereafter, any
reductions in the security posted by the Owner shall be completed
in accordance with the terms of the said Subdivision Agreement.
4.2 The Owner further acknowledges and agrees that this
Agreement shall not constitute full satisfaction of Condition No.
4 of the Minister's Conditions, and that the Owner will be required
to enter into a further Agreement with the Municipality, satisfying
the requirements of the Municipality, financial and otherwise,
including the provision of services and granting of the required
easements, prior to final approval of the Plan of Subdivision.
5. NO ASSUMPTION OF MUNICIPAL SERVICES
5.1 The Owner acknowledges and agrees that the
Municipality shall not be required to assume the Municipal Services
to be constructed by the Owner pursuant to the terms of this
Agreement until such time as the Owner has entered into the
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Subdivision Agreement with the Municipality for the Subdivision
Lands, and the Municipal Services have been completed, inspected,
and approved.
6.1 Every provision of this Agreement by which the Owner
is obligated in any way shall be deemed to include the words "at
the expense of the Owner" unless the context otherwise requires.
6.2 The Owner shall pay such reasonable fees as may be
invoiced to the Municipality by its Solicitor, its Planner, and its
Municipal Engineer in connection with all work to be performed as
a result of the provisions of this Agreement.
6.3 All expenses for which demand for payment has been
made by the Municipality, shall bear interest at the rate of 12%
per annum commencing 30 days after demand is made.
6.4 In the event that the Municipality finds it is
necessary to engage the services of an engineer or technical
personnel not permanently employed by the Municipality, to review
the plans of the Owner and /or carry out on -site inspections of the
work performed, the Municipality will advise the Owner accordingly
of this need, and the costs of such outside engineers so engaged
shall be the responsibility of the Owner. The Municipality may
require a deposit for this purpose.
7. TRANSFER OF TOWNSHIP LANDS
7.1 Subsequent to the execution of this Agreement by the
Owner and the Municipality, and provided that the Owner has first
deposited with the Municipality the security required pursuant to
Paragraph 1 above, the Municipality agrees to transfer to the Owner
the Township Lands, in accordance with the provisions of the
Agreement and Purchase and Sale attached hereto as Schedule "F ".
7.2 The Owner acknowledges and agrees that the
obligation of the Municipality to transfer the Township Lands to
the Owner is subject to, and conditional upon, compliance with the
requirements of the Municipality's Property Disposal By -law No. 96-
35, and the requirements of Part XVIII of the Municipal Act, R.S.O.
1990, c.M.45. All costs incurred by the Municipality in complying
with the requirements of the Municipality's Property Disposal By-
law No. 96 -35 and the requirements of Part XVIII of the Municipal
Act with respect to the transfer of the Township Lands shall be the
responsibility of the Owner, and shall be payable in full by the
Owner to the Municipality prior to the transfer to the Owner of the
Township Lands.
7.3 Subject to the provisions of Paragraph 1.2 above, in
the event that the Township Lands have not been transferred by the
Municipality to the Owner on or before June lst, 2000, solely as a
result of the failure of the Municipality to comply with the
requirements of the Municipality's Property Disposal By -law No. 96-
35 or the requirements of Part XVIII of the Municipal Act, this
Agreement shall be terminated and all security held by the
Municipality shall be returned to the Owner, subject only to
reduction in respect of any amounts properly owing by the Owner to
the Municipality pursuant to the terms of this Agreement, unless
the parties hereto agree otherwise.
8. NOTICE
8.1 Any notice required to be given pursuant to this
Agreement may be given by prepaid registered post to the Owner at
the following address:
c/o 126 1/2 Penetang Street
Barrie, Ontario
and such notice shall be deemed to have been given and received on
the third day after mailing.
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9. INDEMNIFICATION FROM LIABILITY AND RELEASE
9.1 The Owner covenants and agrees with the
Municipality, on behalf of itself, its successors and assigns, to
indemnify and save harmless the Municipality, its servants and
agents from and against any and all actions, suits, claims and
demands whatsoever which may arise either directly or indirectly by
reason of any work performed by the Owner, on its behalf in
connection with the carrying out of the provisions of this
Agreement.
9.2 The Owner further covenants and agrees to release
and forever discharge the Municipality from and against all claims,
demands, causes of actions, of every nature and type whatsoever
that may arise either as a result of the failure of the
Municipality to carry out any of its obligations under this
Agreement, or, as a result of the Municipality performing any
municipal work on the said lands or the adjacent properties which
may damage or interfere with the works of the Owner, provided that
such default, failure or neglect was not caused as a result of
negligence on the part of the Municipality, its servants or agents.
10. NO ASSIGNMENT
10.1 The Owner shall not assign or otherwise transfer the
benefit of this Agreement without the written consent of the
Municipality, which may be unreasonably withheld.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the following dates:
By the Owner on the 2.s day of /tw: °:, °° 1998.
689328 ONT IO IMITED
Per:
Name: G1S
Title:
Per:
c/s
Name:
Title:
By the Municipality on the day of 1998.
THE CORPORATION OF THE TOWNSHIP OF
ORO- MEDONTE J;
Mayor
;o;7
40
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SCHEDULE "A"
THIS IS A SCHEDULE "A" TO THE AGREEMENT BETWEEN THE CORPORATION OF
THE TOWNSHIP OF ORO- MEDONTE AND 689328 ONTARIO LIMITED
OWNER'S LANDS
IRST
the original
side road
(unopened) as laid out
between Lots
1111
Alt
and singular thaL
certain
parcel and tract
of land
and
premises
situate lying and
being in
the Township of
the West
Oro, in
half of
the
County of
Simcoe being composed
of
part of
the Penetanguishene
Lots
Lot
36 in the
First Concession
lying east of
being all of
the said
Road
containing
approximately
100 acres
to be as in
90949).
West
h a l f u.t. —&04
=1 .
SAVE AND EXCEPT:
(f) the lands conveyed Lo 'file Muni.ci_pai Corporation of the
Township of Oro for the purpose of a highway as described in
instrument 11575 registered on November 6, 1.924;
(fi) the lands expropriated by the Department of Highways on the
30th of October, 1959 by instrument number 107377 containing .584
acres worc Cr less;
(iii) the lands conveyed to the Corporation of the Township of
Oro on October 31st, 1974 for highway ll,urposes and being more
particularly described as Part 1 on 57.R -3699 (1.831 acres); and
(iv) on the 7th of June, 1978 for highway purposes and being
more particularly described as Part 1 on 51R -6218 (.161 acres).
SECONDLY
Part of the Gast hall' of Lot 36, Concession 1, Bast of
the Penetanguishene Road in the Township of Oro, in the County of
Simcoe being all of the said Fast half of Lot I lying South of
the lands conveyed to The Municipal Corporation of the Township
of Oro for the purpose of a bi.t;hway as described in instrument
11575 registered November 6, 1924 (as in 69502).
THIRDLY
All
the original
side road
(unopened) as laid out
between Lots
35 and 36 in
the` First
Concession, East of Lhe
Penetanguishene
Road in the
Township
of Oro, County of Simcoe
lying east of
the line between
the east
half and the west half of
the said lots
(as in 69502).
the Easterly limit
of the West
FOURTHLY
Part of Lot 35 in the first Concession, East of the
Penetanguishene Road, Township of Oro, County of Simcoe being
described as follows:
PREMISING that bearings are derived from the easterly limit of
Highway 93 shown as North 32 degrees of minutes West on
All Qat original
r.idc "o-ad as laid out
bctw ^e,:
Icts
Numbers
35 and 36 in the
said First
Concession
of the
said
Township
and extending from
the Easterly
limit of
the Penetang
Road Lo
the Easterly limit
of the West
Halves of the
said
Lots
numbers
35 and 36; SAVE AND
EXCEPT the
westerly 660
feet of
the
411k aid side
road (redescribed
and intended
to be as in
90949).
I FTHLY
Part of Lot 35 in the first Concession, East of the
Penetanguishene Road, Township of Oro, County of Simcoe being
described as follows:
PREMISING that bearings are derived from the easterly limit of
Highway 93 shown as North 32 degrees of minutes West on
j
lent of highways Plan 107376.
COMMENCING at a point in the easterly limit of Lot 35 which point
is 187 feet southerly from the northeast corner of the lot;
THENCE South along the easterly limit of the said lot to the
southeast corner;
THENCE West along the southerly limit of the said lot to the
uthwest corner;
F1IENCE North along the westerly limit of the lot to a point in
the westerly limit located 411.78 feet south from the northwest
corner of the said Lot 35;
THENCE North 57 degrees 33 minutes 40 seconds East a distance of
41.4.45 feet to an iron bar;
THENCE North 32 degrees 43 minutes 25 seconds West a distance of
409.74 feet to an iron bar in the north limit of Lot 35;
THENCE Last along the North limit of Lot 35 to a point in the
said North limit located 200 feet from the northeast corner. of
Lot 35;
THENCE Southeast in a straight line to a point in the easterly
limit of Lot 35 which point is located 187 feet southerly along
the East limit from the northeast angle of the said Lot and which
point is the Point of Commencement (redescribed and intended to
be the same lands as in 69502).
SAVE AND EXCEPT the lands expropriated by the Department of
Highways on October 30th, 1959 by instrument number 107376
containing .408 acres more or less.
SIXTHLY
Part of the east half of Lot 34, Concession I, East of the
Penetanguishene Road, Township of Oro, County of Simcoe being
Part 1 on Reference Plan 51R- 15333.
TOGETHER WI'T'H A RIGHT -OF -WAY for All necessary purposes to, over,
along and upon a strip of land 5.03 metres wide being part of the
Eat half of Lot 34, Concession 1, East of the Penetanguishene
Road, Township of Oro described as follows:
PREMISING that the East limit of Lot 34 has an astronomic bearing
of North 31 degrees 19 minutes 30 seconds East and relating all
bearings herein thereto.
COMMENCING at a point where an iron bar has been planted in the
East limit of the said Lot a distance of 1.98.65 metres southerly
from the northeast corner of the Lot;
THENCE South 58 degrees 19 minutes 20 seconds West a distance of
635.47 metres to a standard iron bar;
THENCE
South
32
degrees
04 minutes
30 seconds
East a
distance of
5.03 metres;
NCE
North
58
degrees
19 minutes
20 seconds
East a
distance of
.40
metres
to
an iron
bar in the
East limit
of Lot
34;
THENCE
North
31
degrees
19 minutes
30 seconds
West a
distance of
5.03 metres to the point of commencement
intended to be the same as in 78598).
(redescribed and
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SCHEDULE "C"
THIS IS SCHEDULE "C" TO THE AGREEMENT BETWEEN THE CORPORATION OF
THE TOWNSHIP OF ORO- MEDONTE AND 689328 ONTARIO LIMITED
MINISTER'S CONDITIONS
to
File No. 43T -91023
The Ministry's conditions and amendments to final plan
approval for registration of this plan of subdivision,
file no. 43T -91023 are as follows:
No.
Conditions
1. That this approval applies to the draft plan,
prepared by Skelton, Brumwell & Associates Inc.,
and surveyed by Rodney C. Raikes, O.L.S. of
Zubek, Emo and Patten Ltd., dated July 5th, 1991,
and revised to show 47 single residential lots
(Lots 1 -47), 3 reserve blocks (Bloako 4s -so), z
walkway block (Block 51), 2 park blocks (Blocks
52 -53), and 1 future road block (Block 54).
2. That the road allowances included in this draft
plan shall be shown and dedicated as a public
highway.
3. That the internal streets shall be named to the
satisfaction of the Township of Oro.
4. That the owner satisfy the requirements of the
Township of Oro for the supply of services and
grant easements required for drainage and utility
purposes to the appropriate agencies.
5. That prior to final approval, the Ministry is to
be advised by the Township of Oro that the
appropriate zoning is in effect for this plan of
subdivision.
6. That the owner convey up to 5% of the land
included in the plan to the municipality for park
purposes. Alternatively, the municipality can
request cash -in -lieu of all or a portion of the
conveyance.
7. That all required 0.3 metre reserves shall be
dedicated to the municipality.
File No. 43T -91023
The Ministry's conditions and amendments to final plan
approval for registration of this plan of subdivision,
file no. 43T -91023 are as follows:
No. Conditions
e. That the owner agrees in writing to satisfy all
the requirements, financial and otherwise, of the
Township of Oro concerning the provision of
roads, the installation of services and drainage
and the configuration of Lot #16. The
requirements of the Township of Oro indicated in
Note 12 must also be satisfied by the owner.
9. / That prior to final approval, a drainage plan be
prepared by the owner's consultant to the
satisfaction of the Simcoe County District Health
Unit (SCDHU), the Nottawasaga Valley Conservation
Authority (NVCA) and the Township Engineer. This
( plan will show hdw surface water will be
u controlled on and off the site and will include
swales and /or easements, where necessary. Any
necessary erosion control measures will be shown.
This approved plan will form part of the
Subdivision Agreement with the Township.
10. That prior to final approval, a general lot
grading plan be prepared by the owner's
consultant to the satisfaction of the SCDHU, the
NVCA and the Township Engineer. Existing and
final grades on lot corners will be shown as well
Y e e as mid lot elevations, where necessary. `Phis
appr(Zved plan will form part of the Subdivision
/ Agreement with th T ownship.
11. The Subdivision Agreement will contain clauses
with wording satisfactory to the SCDHU and the
NVCA to the effect that individual lot owners may
be required to obtain the services of a qualified
professional engineer to prepare a detailed site
development plan to the satisfaction of the SCDHU
and the NVCA. This site plan will be in
conformity with Conditions #9 and #10 (refer to
Note #8 for the information to be contained in
the report).
File No. 4 3T -91023
The Ministryfs conditions and amendments to final plan
approval for registration of this plan of subdivision,
file no. 43T -91023 are as follows:
No.
Conditions
12.
The subdivision agreement shall contain clauses
with wording satisfactory to the SCDHU, and the
NVCA to the effect, that any major works required
in the approved plans noted in Conditions 19 and
#lo will be'carried out by the developer.
13.
That a detailed engineered flood plain mapping
report to the regulatory flood standards for this
site be undertaken by the developer to the
satisfaction of the SCDHU, the NVCA and the
Township Engineer. The study must confirm the
f
preliminary study conclusions that all the
proposed lots are located outside of the flood
plain, otherwise revised plan must be completed
to remove any lots from the flood plain.
14. That a s tormwater management report be undertaken
by the developer — o detail the means whereby
stormwater drainage will be accommodated, and how
erosion and siltation will be contained on site
both during and after construction. This report
will,be prepared to the satisfaction of the NVCA,
and must deal with post - development stormwater
quality, and shall conform to the Ministry of
Environment and Energy (MOEE) and the Ministry of
Natural Resources (MNR) Interim Stormwater
Quality Guidelines for new development dated May
1991.
15. Prior to final approval, the MOEE shall be
notified by copy of the fully executed
subdivision agreement that the recommendations of
a sat rPp as
approveve — thy the MOEE shall be implemented by
requirements of the subdivision agreement.
16. That prior to final approval this Ministry is to
be advised in writing by the Township of Oro how
Conditions #2 to #15 inclusive have been
satisfied.
F1
Pile No. 43T -91023
The Ministry's conditions and amendments to final plan
approval for registration of this plan of subdivision,
file no. 43T -91023 are as follows:
No.
Conditions
17. That prior to final approval this Ministry is to
be advised in writing by the Simcoe County
District Health Unit how Conditions 19 to 113
inclusive have been satisfied.
18. That prior to final approval this Ministry is to
be advised in writing by the Nottawasaga Valley
Conservation Authority, how Conditions #9 to 114
have been satisfied.
19. That prior to final approval the Ministry is to
be advised in writing by the Ministry of the
Environment how Condition #15 has been satisfied.
s
NOTES TO DRAFT APPROVAL
1. It is the applicant's responsibility to fulfil
the conditions of draft approval, and to ensure
that the required clearance letters are forwarded
by the appropriate agencies to the Ministry of
Municipal Affairs, quoting the Ministry file
number 43T- 91023.
2. The Township of Oro advises that:
a) Street B should be labelled Street A and
Street C should be labelled Street B.
b) The west side of Street A as it abuts Bidwell
Road, should indicate 15.0 triangles.
c) Existing Street C as it abuts existing Street
B should indicate 4.0 metre daylighting
triangles.
d) Lot 39 should be re labelled to Lot 31 and
the lot numbering should run consecutively so
that lot 31 is labelled lot 39.
8
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e)
Council of the Township of Oro will be
providing accommodation to allow the
applicant to utilize the Township owned land
which comprises part of proposed lot 16.
3• We request you make yourself aware of:
a)
b)
section 143 (1) of the Land Titles Act, which
requires all new plans be registered in a
land titles system; and,
section 143 (2) - allows certain exceptions.
4• Inauguration, or extension of a piped water
supply, a sewage system or a storm drainage
system, is subject to the approval of the
Ministry of the Environment under sections 23 and
24 of the Ontario Water Resources Act, R.S.O.,
1990.
5. Prior to any work,,being carried out on the site,
it is the applicant;s responsibility to contact
the County of SimcOe's By -law Enforcement office
to determine compliance with the County's Tree
Cutting By -law.
6. Ontario Hydro advises that:
(i) The costs of any relocations or revisions
to Ontario Hydro facilities which are
necessary to accommodate this subdivision
will be borne by the developer.
(ii) The easement rights of Ontario Hydro are to
be protected and maintained.
(iii) The developer should contact the local
Ontario Hydro Area office to verify if any
low voltage distribution lines may be
affected by this development.
7. The subdivision agreement between the owner and
the municipality shall be registered against the
lands to which it applies once the plan of
subdivision has been regist _
r
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NOTES TO DRAFT APPROVAL
S. The site development plans referred to in
condition #11 will be in conformity with
Conditions 19 and 110 above and will contain the
following information and /or required services:
a) The location of the proposed house and
any other structures on the lot.
b) The location, size and elevation of the
sub - surface sewage system with the
engineering design criteria and design
standards pertaining thereto.
c) The existing and proposed grades of the
QJ �1 disturbed areas on the lot after
building, drainage and sewage works have
been completed.
d) The engineer may be required to check
the elevations of the building footings
prior to further construction to ensure
conformity with the approved plans noted
above.
e) .The engineer may be required prior to
the issuance of a Use Permit to certify
to the Simcoe County District Health
Unit in writing that the installed works
have been carried out in accordance with
the approved plans.
f) Type and location of water well.
9. Bell Canada advises that:
i)
Bell Canada shall confirm that satisfactory
arrangements, financial and otherwise, have
been made with Bell Canada for any Bell
Canada facilities serving this draft plan
of subdivision which are required by the
Municipality to be stored underground; a
copy of such confirmation shall be
forwarded to the Municipality
17J
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NOTES TO DRAFT APPROVAL
The owner shall agree in the Subdivision
Agreement, in words satisfactory to Bell
Canada, to grant to Bell Canada any
easements that may be required for
telecommunications services.in addition to
those easements which already exist on the
property.
iii) If there are any conflicts with existing
Hell Canada facilities or easements, the
Owner/Developer shall be responsible for
rearrangements or relocation.
10. Clearances are required from the following
agencies:
Township of Oro
Oro Station
Box 100
Oro, Ontario It
LOL 2E0
W. S. Straughan
Director, Public Health Inspection Services
Simcoe County District Health Unit
County Administration Centre
Midhurst, Ontario
LOL 1X0
General Manager
Nottawasaga Valley
R.R. #1
Angus, Ontario
LOM 1B0
Conservation Authority
If the agency condition concerns the subdivision
agreement, a copy of the agreement should be sent
to them. This will expedite clearance of the
final plan. A copy is not required by the
Ministry of Municipal Affairs.
Mr. Robert Jepp
Ministry of the Environment
7 Overlea Boulevard
4th Floor
Toronto, Ontario
M4H IA8
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NOTES TO DRAFT APPROVAI,
Re gistration :
11. The final plan approved by the Ministry must be
registered within 30 days or the Minister may
withdraw his approval under Subsection 51(21) of
the Planning Act.
�
d
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20
SCHEDULE "D"
THIS IS SCHEDULE "D" TO THE AGREEMENT BETWEEN THE CORPORATION OF
THE TOWNSHIP OF ORO- MEDONTE AND 689328 ONTARIO LIMITED
TOWNSHIP LANDS
Part of the east half and the west half of Lot 36, Conc. 1, E.P.R.,
in the Township of Oro, (now in the Township of Oro - Medonte),
County of Simcoe, designated as Parts 1 and 2, Plan 51R- 27039.
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• SCHEDULE "E"
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THIS IS SCHEDULE "E" TO THE AGREEMENT BETWEEN THE CORPORATION OF
THE TOWNSHIP OF ORO- MEDONTE AND 689328 ONTARIO LIMITED
MUNICIPAL SERVICES
Description Total Price
IS HL 4 Asphalt 40 mm $5,225.00
HL 3 Asphalt 50 mm 6,175.00
Gran. A 150 mm 6,280.00
Gran. B 400 mm 9,025.50
Strip Topsoil 2,160.00
Fine Grading 1,000.00
Topsoil, Seed & Mulch 75 mm 2,480.00
Total: $32,353.00
10% Engineering Contingency: 3,235.30
Total: $35,588.30
Total for the Purposes of Security: $36,000.00
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"'V IODU I.0
AGREEMENT OF PURCHASE AND SALE
^+� (FOR USE IN THE PROVINCE OF ONTARIO)
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689328 Ontario Limited
PURCHASER, ,agrees to purchase from
(F�ll IzOai names ui all Pomhasars)
VENDOR, The Corporation of the Township of Oro- Medonte the following
(FA Ie0u1 names a1 all Vendor,)
REAL PROPERTY:
Address fronting on the side oE__
in the Township of Oro- Medonte, County of Simcoe
and having a frontage of more or less by a depth of .. more or less and legally described as
Parts 1 and 2, Plan 51I2 -27039
IteOal d«sc,pt, f I vi,Wi, nnnts( (the "property").
ORCHASE PRICE:. ------- - - - - -- --- TWO ----------------------------------- Dollars (CDN$ 2.00...... )
DEPOSIT: and other good and valuable consideration
------------------ - -- --NIL-------------
Purchaser submits (. 1 .... . . Dollars (CDN$... • 00 )
)Herew Ih /Upon ecapmnca)
cash or negotiable cheque payable to to be held in trust pending completion or
other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to r2S X$Yfrlid4dSdfYJ4A7�JGdi
The closing date shall be on the 14th day after the date upon which the Vendor has complied
with the requirements as set out in the Vendor's Property Disposal By -law No. 96 -35 and the
requirements of Part XVIII of the Municipal Act, R.S.O. 1990, c.M.45.
SCHEDULE(S) A clinched hereto fonn(s) part of this Agreement.
1. CHATTELS INCLUDED: Nil ..
2. FIXTURES EXCLUDED:
3. RENTAL ITEMS:The following equipment is rented and not included in the Purchase Price. The Purchaser agrees to assume the rental contrad(s), if assumable:
4. IRREVOCABILITY: This Offer shall be irrevocable by I .until p.m. on the day of , 19
after which lime, if not accepted, This Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest.
5. 4€ A7} gWUT' StiX44irpv +e'( <tCt2ii1'cJif4]C3S.ri t vE72XPkT7Cl�j 'i.1�X7tXXXXXXXXXXXXXXkXXX
Upon completion, vacant possession of the property shall be given to the Purcaser unless of h erwise provi a form t us greernent.
6. NOTICES: Vendor herebyy appoints the Listing Broker as Agent for fire purpose of giving and receiving notices pursuant to this Agreement. If the Co- operating Broker
represents the interests at the Purchaser in this transaction, the Purchaser hereby appoints the Co- operating Broker as Agent for the purpose of giving and receiving
notices pursuant to this Agreement. Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or
any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when
transmitted electronically to that facsimile number.
FAX No. (For &16,„y of Hotta. to Vondorl FAX No. d.6o, nt nnr,es m Pn,cnrnerl
7. GST: If this transaction is subject to Goods and Services Tax (G.SS.), then such tax shall be I C � - the Purchase Price.
nci7in od6o lo)
If this transaction is not subject to G.S.T., Vendor agrees to provide on or before closing, a certificate Ihat the Imnsaction is not subject to G.S.T.
TLE SEARCH: Purchaser shall be allowed until Xx1X�6} 0CXK)beclosinq O1*xf .. � (Requisition Date) to
ornme the title to the property at his own expense and mail the earlier oC (i) thirty days from the later of the Requisition Date or the date on which the
nddions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders
or deficiency notices affecting the property, that its present use
may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental
agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations
in this regard as Purchaser may reasonably require.
9. FUTURE USE Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is
or will be (awful except cis may be specifically provided for in this Agreement.
10. TITLE: Provided that the fide to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in
this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered
municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance
and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for fire supply of domestic utility c r telephone
services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines
or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any
outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured
against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this
Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest
or deduction and Vendor, Listing Broker and Co- operating Broker shall not be liable for any costs or damages. Save as to any valid objection so made by such
day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property.
Pvrm No. 101 01/96
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THIS IS SCHEDULE "A" TO THE OFFER TO PURCHASE BETWEEN 689328
ONTARIO LIMITED, AS PURCHASER AND THE CORPORATION OF THE TOWNSHIP
OF ORO- MEDONTE, AS VENDOR
This Offer is conditional until closing upon compliance with the
Corporation of the Township of Oro - Medonte's Property Disposal By-
law No. 96 -35, failing which this offer shall be null and void.
The Vendor and the Purchaser agree that the Purchase Price for the
Property shall be the fair market value as of the date of closing,
as determined by the parties, acting reasonably, in that the fair
market value so determined shall be equal to the municipal services
constructed in accordance with the Bidwell Road Closure and
Transfer Agreement dated the 20th day of August, 1998, which is
agreed by the parties to be the sum of $36,000.00.
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