1998-093 To Authorize the Amendment of Agreement Registered as Number 275724 made with Scott Silo Constuction Limited
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-93
Being a By-Law to Authorize the Amendment of Agreement Registered
as Number 275724 Made with Scott Silo Construction Limited
WHEREAS the Developer and the Township entered into a subdivision
Agreement dated the 5th day of October, 1994, and registered on
the 27th day of January, 1995, as Instrument No. 275724 affecting
the lands described in Schedule "AU attached hereto;
AND WHEREAS the Developer has requested that the provisions of
the Subdivision Agreement be amended to reflect the current
policy of the Township respecting the collection of applicable
development charges payable in connection with the Developer's
Plan of Subdivision;
AND WHEREAS the Developer and the Township have agreed to amend
the Subdivision Agreement;
NOW THEREFORE the Council for The Corporation of the Township of
Oro-Medonte hereby enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute on
behalf of The Corporation of the Township of Oro-Medonte all
documents necessary to give effect to this By-law, and
including the Agreement attached hereto and forming part of
this By-law as Appendix "Au.
2. That this By-law shall come into full force and take effect
on its final passing thereof.
READ a first and second time this 2nd day of September, 1998.
READ a third time and finally passed this 2nd day of September,
1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian
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Beard
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Clerk, Lynda Aiken
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TOWNSHIP OF ORO-MEDONTE
SUBDIVISION AMENDING AGREEMENT
THIS AGREEMENT made
BETWEEN:
SCOTT SILO CONSTRUCTION LIMITED
hereinafter called the "Developer"
OF THE FIRST PART
AND
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
hereinafter called the "Township"
OF THE SECOND PART
WHEREAS the Developer and the Township entered into a Subdivision
Agreement dated the 5th day of October, 1994, and registered on the
27th day of January, 1995, as Instr. No. 275724 (the "Subdivision
Agreement") affecting the lands described in Schedule "A" attached
hereto;
AND WHEREAS the Developer has requested that the provLsLons of the
Subdivision Agreement be amended to reflect the current policy of
the Township respecting the collection of applicable development
charges payable in connection with the Developer's Plan of
Subdivision;
AND WHEREAS the Developer and the Township have agreed to amend the
Subdivision Agreement in accordance with the terms hereinafter set
out;
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
the Township to the Developer (the receipt whereof is hereby
acknowledged), THE DEVELOPER AND THE TOWNSHIP HEREBY COVENANT AND
AGREE WITH ONE ANOTHER AS FOLLOWS:
1. DEVELOPMENT CHARGES ACT LEVIES AND DRAINAGE AND LOCAL
IMPROVEMENTS CHARGES
1.1 Section 49 of the Subdivision Agreement is hereby
deleted in its entirety and replaced with the following:
"a) The Developer, as a capital contribution towards
other Township services, will pay to the Township,
in addition to all other monies required to be paid
by the Developer under this Agreement, the
Development Charges Act Levy, in an amount required
by the Township's Development Charges By-law, on
the date the payment is received by the Township at
the Municipal Office. The Development Charges Act
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Levy in place at the !;iIpe of ,;the ,~xecu.t.ion rt(. this
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Agreement J.S ,JibL' "11, - ;7""'"'' ~ - - - y~ e
I41:c 'l'11~<'::_lIha Dollars ($5,~2S.~{)) per dwellinglLl
unJ. t . , llcL u, ,.I'"
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An amount equal to or greater than the hard
services portion of the total Development Charges
Act Levies for all the lots, must be paid at the
time of execution of this Subdivision Amending
Agreement.
If construction of the services occurs in
particular stages or phases, as approved by the
Township, the hard services portion of the
Development Charges Act Levies for all lots
contained within the first stage or phase must be
paid at the time of execution of the Subdivision
Agreement. Payment of the hard services portion of
the total Development Charges Act Levies for lots
contained within subsequent stages or phases must
be paid at the time of approval to proceed with
construction of each subsequent stage or phase.
Prior to issuance of a building permit, the
remainder of the Development Charges Act Levy is to
be paid on a per lot basis, until levies have been
paid for all lots.
b) The Developer agrees to pay for all arrears of
taxes or other Township or provincial charges,
taxes or levies outstanding against the property
herein described before the approval of the said
plan is obtained. The Developer further undertakes
and agrees to pay taxes levied on the said lands,
on the basis and in accordance with assessment and
collector's roll entries until such time as the
lands herein being subdivided have been assessed
and entered on the Collector's Roll according to
the Registered Plan.
c) Before the plan is approved, the Developer agrees
to commute and pay the Township's share of any
charges made under the Drainage Act 1975 and Local
Improvements at present serving the property and
assessed against it.
These charges are set out in Schedule "B" of this
Subdivision Amending Agreement.
NOTE: In addition to the Municipal Development Charges, the
lots may be subject to County Development Charges and
Education Development Charges and applicable Development
Charges of any Public Utility Commission."
2. SCHEDULE "F" TO THE SUBDIVISION AGREEMENT
.
2.1 Schedule "F" to the Subdivision Agreement is hereby
deleted in its entirety and replaced with the schedule
attached to this Subdivision Amending Agreement as Schedule
"B".
3 .
COMPLIANCE WITH SUBDIVISION AGREEMENT
2 . 2 In the event of a conflict between the provJ.sJ.ons of this
Subdivision Amending Agreement and the original Subdivision
Agreement, the terms of this Subdivision Amending Agreement
shall prevail.
2.3 Except as hereinbefore amended, all terms of the
Subdivision Agreement are hereby confirmed.
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3. SUCCESSORS AND ASSIGNS
3.1 This Agreement shall enure to the benefit of and be
binding upon each of the parties hereto and their respective
heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the following dates:
By the Developer on the 2. 3 day of
L)
, 1998.
SCOTT SILO CONSTRUCTION LIMITED
Per
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By the Township on the
, 1998.
day of
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
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Mayor - Ian Beard
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Clerk ~ Lynda Aiken
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SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part
of the Subdivision Agreement between the Township of Oro-
Medonte and Scott Silo Construction Limited.
DESCRIPTION
Firstlv:
Parcel Plan -1, Section 51M-535, being Lots 1, 7,
8, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
24, 25, 26, 27, 28, 29 and 30, Plan 51M-535;
Secondly:
Parcel 2-1, Section 51M-535, being Lot 2, Plan 51M-
535;
Thirdly:
Parcel 3-1, Section 51M-535, being Lot 3, Plan 51M-
535;
Fourthly:
Parcel 4-1, Section 51M-535, being Lot 4, Plan 51M-
535;
Fifthly:
Parcel 5-1, Section 51M-535, being Lot 5, Plan 51M-
535;
Sixthly:
Parcel 6-1, Section 51M-535, being Lot 6, Plan 51M-
535;
Seyenthly:
Parcel 9-1, Section 51M-535, being Lot 9, Plan 51M-
535;
Eiqhthly:
Parcel 11-1, Section 51M-535, being Lot 11, Plan
51M-535;
Ninethly:
Parcel 12-1, Section 51M-535, being Lot 12, Plan
51M-535;
Tenthly:
Parcel 31-1, Section 51M-535, being Blocks 31, 32,
33, 34, 36, 37, 38, 39 and 40, Plan 51M-535;
Eleventhly:
Parcel Streets-1, Section 51M-535, being Neyis
Ridge Drive, Jermey Lane and Greenshields Crescent
and Block 35 on Plan 51M-535;
All in the Township of Oro-Medonte (formerly the Township of Oro),
County of Simcoe.
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SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part
of the Subdivision Agreement between the Township of Oro-
Medonte and Scott Silo Construction Limited is hereby
incorporated therein as Schedule "F".
Cash Deposits, Development Charqes and Securities
The Developer, as a capital contribution towards other Township
services, will pay to the Township in addition to all other monies
required to be paid by the Developer under this Agreement the
Development Charges Act Levy, in an amount required by the
Township's Development Charges By-law on the date of the payment is
received by the Township at the Municipal Office. The Development
Charges Act Levy in place at the time of the execution of this
Agreement is $2,960.00 per dwelling unit.
An amount equal to or greater than the hard services portion of the
total Development Charges Act Levies for all the lots must be paid
at the time of execution of the Subdivision Agreement.
Prior to issuance of a building permit, the remainder of the
Development Charges Act Levy is to be paid on a per lot basis,
until levies have been paid for all lots.
Current Development Charqes Act Levies Breakdown
(assuming no change in amount of applicable Development Charge
prior to date of payment)
Total Levies Paid Prior To June 16, 1998
9 lots at $5,225.00 =
(Lots 2, 3, 4, 5, 6, 7, 11, 12, 14)
$47,025.00
Prepayment for Hard Services
Portion of Levies
21 lots at 43.9% of $2,960.00 =
(Equivalent hard services portion
of levy for lots) =
($1,299.44/lot)
$27,288.24
Remainder of Levies Due Prior to
Issuance of Buildinq Permits
21 lots at 56.1% of $2,960.00
(Equivalent remainder of levy
for lots)
$34,871.26
($1,660.56/lot)
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NOTE:
1)
The hard services portion of levy (43.9%) was
derived from Table C-2 of Township of Oro's
Development Charge Policy report.
2) This breakdown is based on the current levy.
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Ontario
Document General
Form .. -~ Land Roglstratlon Reform Act
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(1) Regl:try 0
3) Property
h.1entlnur(8)
Land Tltl.. ~ (2) page 1 or
Block: PrQperty
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4) Natura of Document
APPLICATION TO REGISTER NOTICE
OF SUBDIVISION AMENDING AGREEMENT
5) Consideration
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Nil------------------------"""e.. $ 00.00
8) DDscrlptltpt
H:!RT OF
Firstly:^Parcel Plan-1, Section 51M-535, bein
Lots 1, 7, 8, 10, 13, 14, 15, 16, 17, 18, W,
20, 21, 22, 23, 24, 15, 26, 27, 28, 29 and 30,
Plan 51M-535, in the Township of Oro-Medonte,
County of Simcoe;
Secondly: Parcel 2-1, Section 51M-535, being
Lot 2, Plan 51M-535, in the Township of Oro-
Medonte, County of Simcoe.
Continued on Schedule attached.
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New property Identifiers
AcXiillonaJ:
Sloe
Sd1IIdulo 0
(7) Thl.
Document
Contains:
(8) Redescription
New Easement
Pian/Sketch
(b) Schedule for;
Additional 0 r.::l
o DescrIption ~ Parties Other ~
(8) Thlu DQCUmHnt proVldo8 86 faUowa:
Subidivision Amending Agreement attached.
Contlnuod on Schedule
9) This Document relates tD inatrument number(S)
275724
(1D) Party(los) (set out status or Interest)
Name(a)
Signature (8)
Date or Signature
Y M 0
THE CORPORATION OF THE TOWNSHIP OF
.........-+...._..................-...................................
......_..................................-. ...........-...... ........"
ORO-MEDONTE (Municipality), by its
.......................,...................................-.........
. ...... ~........ ......I1Jl.... .......... --: .. ..;
Per: ,199B :09
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solicitors, RUSSELL, CHRISTIE,
.....................,...................-........... ..-................
MILLER, KOUGHAN, WINNITOY
William S. Koughan
(11) Address
'.r.emce P.O. Box 100,
(12) Party(lcD;) (Set cut 5tatU$ Dr Inter08t)
Name(s)
Oro, Ontario, LOK 2XO
Slgnature(s)
Date of Signature
Y M 0
. SCOTT. ,$.J;}:,Q ,~Q~$XEijcn.QI>l. J"J:~U:.TEI?,.,..
...............- .....-.......- ..............
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............................. ................ "'."""" "...
.........................-. ..........
(13) Addnuis
'.rsemce R. R. #1, Hawkestone, Ontario, LOL 1TO
(14) Municipal Address of Property (15) Document propared by:
Not assigned.
WILUAM S. KOUGHAN
RUSSELl, CliFlIS11E, MIu.ER, KOlICiIHAN
BARRISTERS a lIOuaTOFIS
BOX 1t5B, 5061\1EMOf1W.AVENUE
ORIUJA, ONTARIO L3V 8J3
(705) 325-18 FM (705) 327-1811
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Form 5 - land Registration Reform Act
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Additional Property Identifier(s) andlor Other Information
Page
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Box 7tb) Continued
Thirdlv:
Fourthlv:
Fifthlv:
Sixthly:
Seventhlv:
Eiqhthlv:
N~nethlv:
Tenthlv:
Ele'.'enthl'1:
Parcel 3-1, Section 51M-535, being Lot 3, Plan 51M-
535;
Parcel 4-1, Section 51M-535, being Lot 4, Plan 51M-
535;
Parcel 5-1, Section 51M-535, being Lot 5, plan 51M-
535;
Parcel 6-1, Section 51M-535, being Lot 6, Plan 51M-
535;
Parcel 9-1, Section 51M-535, being Lot 9, Plan 51M-
535;
Parcel II-I, Section 51M-535, being Lot II, Plan
51M-535;
Parcel 12-1, Section 51M-535, being Lot 12, Plan
51M-535;
Parcel 31-1, Section 51M-535, being Blocks 31, 32,
33, 34, 36, 37, 38, 39 and 40, Plan 51M-535;
:!r:: r;;~ ~ ~~c:~ 5:: ~~5 ~einq ~T=u~ a
Ridge ~~~ve, Jerm~~R ~ ~; ~ ls;';ie ds Crescent
All in the Township of Oro-Medonte (formerly the Township of Oro),
County of Simcoe.
ELG\lk'NnlL':) ,
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PAR-e.G.L IQ-I, SE<-1'1DN S-tm- 535 , BlSt....Lf, LOT 19
putt\\ ~Im- 535
P,<teeGL d,;,-j <""C.1'101\.1 b/m-S35 k:,~I.-Jf, u:::>T as
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PL/ql'.! olm - 5"35
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~ Ontario
Schedule
D'r'E " DURHAM CO !NC -Form ND 99D
Amended NOV, 1992
Form 5 - land Registration Reform Act
s
Page
Additional Property IdenlUler(s) and/or Other Information
FORM 16
APPLICATION TO REGISTER NOTICE OF AN
UNREGISTERED ESTATE, RIGHT,
INTEREST OR EQUITY
To: The Land Registrar for the Land Titles Division of the
County of Simcoe (No. 51)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE has an
unregistered estate, right, interest or equity in the land
registered in the name of SCOTT SILO CONSTRUCTION LIMITED in
respect of the land registered as:
Firstlv:
Secondly:
Thirdlv:
Fourthlv:
Fifthlv:
Sixthly:
Seventhlv:
Eiqhthlv:
Ninethly:
Tenthly:
Eleventhlv:
Parcel Plan -1, Section 51M-535, being Lots 1, 7,
8, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 29 and 30, Plan 51M-535;
Parcel 2-1, Section 51M-535, being Lot 2, plan
51M-535;
Parcel 3-1, Section 51M-535, being Lot 3, Plan
51M-535;
Parcel 4-1, Section 51M-535, being Lot 4, plan
51M-535;
ParcelS-I, Section 51M-535, being Lot 5, Plan
51M-535;
Parcel 6-1, Section 51M-535, being Lot 6, Plan
51M-535;
Parcel 9-1, Section 51M-535, being Lot 9, Plan
51M-535;
Parcel 11-1, Section 51M-535, being Lot 11, Plan
51M-535;
Parcel 12-1, Section 51M-535, being Lot 12, Plan
51M-535;
Parcel 31-1, Section 51M-535, being Blocks 31,
32, 33, 34, 36, 37, 38, 39 and 40, plan 51M-535;
Parcel Streets-I, Section 51M-535, being Nevis
Ridge Drive, Jermey Lane and Greenshields
Crescent and Block 35 on plan 51M-535;
All in the Township of Oro-Medonte (formerly the Township of
Oro), County of Simcoe.
AND hereby apply under Section 71 of the Land Titles Act for the
entry of a Notice of Agreement in the Register for the said
parcel.
Dated the ~1(6day of September, 1998
'.
THE CORPORATION OF THE TOWNSHIP OF ORO-
MEDONTE, by its solicitors
RUSSELL, CHRISTIE, MILLER, KOUGHAN,
WINNITOY
Per:
The address of the applicant for service is:
The Corporation of the Township of Oro-Medonte
P,O. Box 100, Oro, Ontario, LOK 2XO
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