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1996-077 To Authorize the Execution of a Parking and Transfer Station Lease THE CORPORAT:ION OJ!' THB TOWNSH:IP OF ORO-KBDONTB BY-LAW NO. 96-77 I B;~;~:~~:~~;:::_:::::::::_:::_:::::::::_::_:_:::::::_:::_:::::::J WHEREAS under Section 191 of the Municipal Act, R.S.O. 1990, c.M.45 The Corporation of the Township of Oro-Medonte (hereinafter called the "Corporation") has the authority to acquire lands, to lease such lands and to dispose of such lands when no longer required; AND WHEREAS under section 207, Paragraph 56, of the said Municipal Act the corporation has the authority to acquire and lease its lands for or in connection with the parking of vehicles thereon; AND WHEREAS the Corporation and Weat Parking Inc. have negotiated an agreement which contemplates the acquisition of lands by the Corporation, the leasing of such lands, the granting of an option to purchase such lands and the control of the development of such lands by Weat. NOW THEREFORE BE IT ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AS FOLLOWS: 1. That the Corporation is authorized to acquire the lands described in section 1 (a) of the Lease referred to in Section 2 hereof subject to compliance with section l(b) (i) of the said Lease and subject to the execution of the said Lease by Weat Parking Inc. 2. That the Corporation is hereby authorized to enter into a Transfer station Lease Agreement substantially in the form attached hereto as Schedule "A". 3. That the Deputy Mayor and the Clerk are hereby authorized to execute all documents necessary to give effect to this by-law. BY-LAW READ A FIRST AND SECOND TIME THIS 21ST DAY OF JUNE, 1996. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21ST DAY OF JUNE, 1996. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE .- ~~ /!'L Clerk, Lynda Aiken I. Lynda Aiken. Clerk of the Corporation of the Township of Oro-Medonte do hereby certify under my hand and the corporate seal that the foregoing is a true and correct copy of By-law No. 96-77 which was duly passed in Councuil on June 21. 1996. Dated: July 5. 1996 V .4. / Oro Station. Ontario A ~ J..-... If~ . Clerk , , . - , " TRANSFER STATION LEASE THIS LEASE (herein called the "Lease") is made as of this 8th day of August, 1996. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Landlord") OF THE FIRST PART - and - WEAT PARKING INC. (hereinafter called the "Tenant") OF THE SECOND PART WHEREAS: (a) The interim casino (the "Casino") to be built on the lands of the Chippewas of Mnjikaning (Rama) First Nation is scheduled to open in 1996. It will be larger that the permanent casino and thus additional interim parking requirements arise, some of which will have to be located off site as a parking and transfer station. (b) The operation of the Casino will bring economic benefits to the geographic region of the Township ofOro-Medonte in which'the Landlord through its local businesses and residents will share. (c) The Tenant desires to enter into an agreement with the Landlord to provide to the Landlord lands in the Township of Oro-Medonte for parking and transfer station purposes to serve the members of the public, including patrons, invitees and employees of the Casino, which lands would be leased to and operated by the Tenant. (d) It is acknowledged that the "off-site" parking and transfer station will benefit the public at large because they will reduce traffic congestion leading to the Casino. (e) Pursuant to the Municipal Act R.S.O. 1990, c. M. 45, as amended, the Landlord, inter alia, has the authority both to acquire lands to provide facilities for public parking purposes and to lease lands for public parking purposes and to regulate and supervise the parking of vehicles thereon. In consideration of good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged by Landlord, and the rents, covenants and agreements hereinafter reserved and contained, the Parties agree as follows: 1. PREMISES AND DEMISE (a) Subject to Sections 1 (b) and 1 (c) hereof, the Landlord hereby demises and leases to the Tenant the lands more particularly described in Schedule "A" attached hereto (the "Lands"). 0118128.04 August 6. 1996 " , ' - 2 - (b) This Lease is subject to the condition in favour of both the Landlord and the Tenant upon the following: (i) that the Lands may be acquired with good title free from any charge, lien, restriction or encumbrance (save for existing restrictions and easements in favour of any governmental or municipal body which do not prevent or unduly restrict the use of the Lands for the purposes permitted under this Lease); -- (ii) that either an acceptable environmental audit discloses no or an acceptable level of contamination or that remediation of any such contamination may be completed on terms and conditions, including costs acceptable to the parties hereto; and (iii) that if any portion of the Lands is unacceptable for any of the above reasons, replacement land in the Township of Oro-Medonte (which may be in one or more parcels) acceptable to both parties is located to replace the Lands described in Schedule "A", in which event, such replacement land shall be deemed for all purposes of this Lease, to be included in the definition of Lands and any unacceptable portion of the Lands shall be deleted from the definition of Lands; provided that the Landlord shall not have a positive obligation to assist in the locating of any replacement Lands and provided further that if only one ofthe two parcels described in Schedule "A" satisfies the above condition, the rent and option payments provided in this Lease shall be reduced by fifty (50%) percent; If any of the foregoing conditions have not been satisfied or waived by the parties hereto on or before the 8th day of August, 1996 and such date has not been extended, then this Lease shall automatically be terminated and shall be of no further force and effect with all security to be returned forthwith to the Tenant. Both parties shall act reasonably in determining whether or not the above conditions in subsection 1 (b )(i) has been satisfied. The parties acknowledge that the conditional time period for determining replacement lands in subsection 1 (b )(iii) and for taking title in subsection 1 ( c) shall be September 30, 1996; provided that this Lease shall remain in full force and effect for any portion of the original Lands for which the conditions have been waived or satisfied. (c) This Lease is subject to the further condition in favour of the Landlord upon it being able to acquire title to the Lands on terms and conditions satisfactory to it, including payment of all costs, expenses and transfer taxes in relation to such acquisition. If such condition has not been satisfied or waived by the Landlord on or before the 8th day of August, 1996 and such date has not been extended, then this Lease shall automatically be terminated and shall be of no further force or effect with all security less any amounts then owing to the Landlord under this Lease including site plan negotiations to be returned forthwith to the Tenant. 2. TERM - To have and to hold the Lands subject as herein provided, for a term (the "Term") often (10) years commencing on the earlier to occur of the 8th day of August, 1996 or the waiver or satisfaction of the conditions in Sections 1 (b) and 1 ( c) hereof. 0118128.04 August 6, 1996 " , \. \ .. '.. \\ .~ - 3 - 3. ANNUAL RENT -- Yielding and paying as rental for the Tenn and all renewals and extensions thereof, the sum of Twenty-Five Thousand Dollars ($25,000.00) per annum plus applicable Sales Taxes (as hereinafter defined) without any deduction or set-off except as expressly set out herein and payable in advance in equal monthly instalments on the first day of each month during the Tenn with the first month's rent to be adjusted proportionately if the Term commences on any day other than the first of a month. The annual rent shall be reduced in each year by an amount equivalent to that portion of the Impositions (as hereinafter defined relating to realty taxes) which would be allocated to the local municipality in such year with such reduction to be made on or before November 1 of each year during the Tenn and any renewal, provided that the Tenant's entitlement to a reduction for the last year of the Term or any renewal shall survive the expiry of this Lease. 4. TENANT'S COVENANTS The Tenant covenants with the Landlord as follows: (a) Payments: any sums which may become due hereunder or be payable by the Tenant to the Landlord shall be paid at the times and in the manner in this Lease provided such sums shall bear interest from their due date until paid at an interest rate equivalent to that then charged by The Corporation of Oro-Medonte or its successor for real property taxes in arrears; (b) Parkin~ and Transfer Station Uses: not to use or pennit the Lands to be used for any other purposes other than as a parking and transfer station and related and accessory facilities and available to the public and to patrons, invitees and employees of the Casino and to make such improvements to the Lands and alterations from time to time as may be reasonably necessary to carry out the pennitted uses under this Lease with such improvements and alterations to be subject to the approval of the Landlord, such approval not to be unreasonably withheld and in the manner set out in this Lease; provided that the Tenant acknowledges it is responsible for satisfying itself that the foregoing use is a pennitted use pursuant to the existing zoning by-law governing the Lands; (c) Taxes: (i) to indemnify the Landlord and hold it safe and harmless and to preserve the Landlord's title to the Lands free of claim, lien or encumbrance arising from or relating to real estate and business taxes, assessments, and other governmental charges, licence fees in respect of any and every business carried on thereon, (all of which taxes, assessments, charges, and other governmental charges are hereinafter referred to as "Imposition ") and to pay such Impositions when due; provided, however, that ifby law any Imposition is payable or may at the option of the taxpayer be paid in instalments (whether or not interest accrues on the unpaid balance of the Imposition) the Tenant may pay the same together with any interest on the unpaid balance of the Imposition in instalments as the same respectively become due; provided that the Tenant shall pay for any interest and penalty charges for late payment of any Imposition; - (ii) to furnish to the Landlord, if so requested by the Landlord, official receipts of the appropriate authority, or other proof satisfactory to the Landlord, evidencing the payment ofImpositions; provided, however, that the Tenant shall have the unconditional right to contest the amount or validity of any o 118128.04 July 2, 1996 ,'\ .. -. .. '. O1l8128.04 July 2, 1996 - 4 - Imposition or seek to vary or to remove any Imposition by appropriate legal proceedings so long as the Tenant either makes any contested payment under protest or if such payment may be legally deferred or delayed, provides the Landlord with reasonable security for the amount in dispute, but this shall not be deemed or construed in any way as relieving, modifying or altering the Tenant's covenant with respect to any Imposition in this Section 4(c) provided and if any Impositions are reduced or removed, the Tenant shall be entitled to the applicable refunds for amounts paid by it and such entitlement shall survive the expiry of this Lease; (iii) not to require the Landlord to join in any legal proceedings hereinbefore mentioned in Subsection 4( c )(ii) unless it is necessary for the proper prosecution of such proceedings for the Landlord to do so and unless the Landlord has been fully indemnified to its reasonable satisfaction against all costs and expenses in connection therewith; nor to subject the Landlord to any liability for the payment of any costs or expenses in connection with any such proceedings brought by the Tenant; and the Tenant further covenants with the Landlord to indemnify and save harmless the Landlord from any such costs and expenses; (d) Compliance with Statutes. By-laws. etc.: (i) throughout the term of this Lease, at the Tenant's sole cost and expense, to comply with all laws and ordinances, orders, rules, regulations and requirements of all Federal, Provincial, Regional and Municipal governments and appropriate departments, commissions and boards material to the demise herein to which the Tenant as tenant under this Lease may be subject where breach thereof might expose Landlord to liability or loss; (ii) the Tenant shall have the right to contest by appropriate legal proceedings, without cost or expense to the Landlord, the validity of any law, ordinance, order, rule, regulation or requirement of the nature hereinbefore in this Section 4( d) referred to, and if, by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith may legally be held in abeyance without subjecting the Tenant or the Landlord to any liability of whatsoever nature for failure so to comply therewith; the Tenant may postpone compliance therewith until the final determination of any such proceedings, provided that all such proceedings shall be prosecuted with all diligence and dispatch and provided further that the Landlord, acting reasonably, is satisfied that any such failure to comply will not endanger the health or safety of any person using the Premises and will not cause an environmentally hazardous condition dangerous to the health and safety of the public; (e) Construction Liens: not to suffer or permit any construction lien to be registered against the Lands or any part thereof by reason of work, labour, services or material supplied or claimed to have been supplied to the Tenant or for the benefit of the Tenant or anyone holding the Lands or any part thereof through or under the Tenant if the lien attaches or might attach to the Landlord's interest in the Lands; if any such construction lien at any time is registered against the Lands, the Tenant shall cause the same to be discharged or vacated; provided, however, that the Tenant shall have the right to contest the amount or validity of any lien, and in such event if required by the Landlord as provided herein, the Tenant, before any forfeiture of the Landlord's interest in the Lands, shall deposit with the Landlord or into Court to the credit of the action, pending the final determination of any such action, the amount claimed in the claim for lien plus an ~ ~. ,\ ''.. j"" II - 0118128.04 July 2, 1996 - 5 - amount for costs as may be required by applicable law or practice, or security therefor: if the Tenant fails to discharge such lien or to deposit the required moneys or security with the Landlord or into Court as aforesaid within the aforementioned period, then, in addition to any other right or remedy of the Landlord, the Landlord may, but shall not be obliged to, discharge or vacate the same by deposit into Court or by giving security or in such other manner as is, or may be prescribed by law; any amount paid by the Landlord for any of the aforesaid purposes, and all reasonable legal and other expenses of the Landlord, including reasonable solicitor's fees, in or about procuring the discharge of such lien, with all necessary disbursements in connection therewith shall be due by the Tenant on demand with interest as in Section 4(a); nothing herein contained shall imply any consent or agreement on the part of the Landlord to subject the Landlord's estate to liability under any construction lien law; (f) Schedule of Tenant's Work: to use and occupy the Lands from and after the commencement of the Term and thereafter only for the business required to be conducted in accordance with the terms of Section 4 (b) of the Lease. Without in any way limiting the generality of the foregoing, the Tenant shall: (i) enter into a schedule of works agreement or agreements substantially in the form attached as Schedule "B" to this Lease (the "Schedule of Works Agreement") with the Landlord as owner of the Lands and to construct at its sole cost the improvements described in Appendix 2 to the Schedule of Works Agreement and in all other respects comply with its obligations under the Schedule of Works Agreement and any default by the Tenant under the Schedule of Works Agreement shall constitute a default under this Lease; provided that if the Tenant exercises its option to purchase set out in Section 19 hereof and if it is necessary at the closing of such option for the Tenant as owner to execute a site plan agreement with the Landlord in its capacity as the municipal approval authority incorporating as applicable the provisions of the Schedule of Works Agreement so that such site plan agreement will bind successors in title to the Lands in accordance with Section 41(10) of the Planning Act, R.S.O. 1990, c.P. 13 as amended, then at the request of the Landlord, the Tenant shall execute such site plan agreement as part of such closing; (ii) under execution of the Schedule of Works Agreement and pursuant to the requirements of Section 12.1 thereof, the Tenant shall deposit with the Treasurer of the Township to cover the faithful performance of the initial construction obligations of the Schedule of Works Agreement an irrevocable letter of credit from a chartered bank of Canada with an automatic renewal clause, in the amount of One Hundred Thousand Dollars ($100,000.00). The Tenant shall have the privilege, on application to the Landlord, of obtaining a release of such security in accordance with and subject to the terms of the Schedule of Works; and (iii) maintain and keep in good order, condition and repair the Lands and all buildings, structures, equipment, fixtures, chattels and improvements therein or thereon, reasonable wear and tear excepted provided however all such buildings, structures, equipment, fixtures, chattels and improvements shall remain reasonably suitable for their intended purposes and that the effect of such reasonable wear and tear does not impair the safety of any person; provided if during the last three (3) years of the Term or during any extension term there is damage by fire, lightning and tempest to the buildings, structures and improvements on the Lands, the Tenant at its option, to be .'. ';, \.., A II ~ 0118128.04 July 2, 1996 - 6 - exercised within sixty (60) days of such damage, may elect not to make such repairs. If the Tenant elects not to repair during the last three (3) years of the Term or during any extension term, the Tenant shall assign the benefit of all insurance proceeds to the Landlord and this Lease shall terminate on the expiry of such sixty (60) day period; (g) Insurance: (i) the Tenant shall take out and keep in full force and effect at its sole cost and expense and in the names of the Tenant with the Landlord added as an additional insured and with a cross liability clause comprehensive public liability insurance in an amount not less than Two Million Dollars ($2,000,000.00); (ii) insurance for fire and the usual extended perils to cover all buildings, structures, fixtures and improvements on the Lands to the amount of the full insurable value thereof from time to time, calculated on a replacement cost basis with the Landlord added as an additional insured ~<<X\ri!m~lQmX~ )i~~~; and (iii) to provide to the Landlord prior to the commencement of the Term evidence satisfactory to the Landlord that the insurance required by the Tenant hereunder has been obtained and to provide written evidence of the continuation of such policies not less than ten (10) days prior to their respective expiry dates. (h) Assignment and Sublease: except for the purpose of granting security to any mortgagee and except as hereinafter set forth, not to assign this Lease, in whole or in part, nor sell, agree to sell, transfer or mortgage the Lands or the leasehold interest of the Tenant, or otherwise dispose of the same, or any part or parts thereof, without first obtaining, in each and every instance, the Landlord's consent thereto in writing, which consent shall not be delayed or unreasonably withheld so long as such assignee, sublessee or mortgagee has agreed to comply with the provisions of this Lease, including without limitation the provisions of Section 4(b); no such assignment, letting, subletting or mortgage as aforesaid shall relieve the Tenant from any of the Tenant's obligations in this Lease contained; (i) Utility Charges: to payor cause to be paid after the commencement date of this Lease all charges for gas, water, electricity, light, heat or power, telephone or other communications service used, rendered or supplied to or upon the Lands after the commencement date and throughout the Term of this Lease where failure to pay might expose Landlord to a liability for payment or amounts unpaid may be a lien on Landlord's reversionary interest in the Lands, and to indemnify the Landlord and save it harmless against any liability or damages on such account; the Tenant shall also at its sole cost and expense procure any and all necessary permits, licences or other authorizations required for the lawful and proper installation and maintenance upon the Lands of wires, pipes, meters, conduits, cable, tubes and other equipment and appliances for use in supplying any such services to and upon the Lands that are solely for the Tenant's purposes; II ~ 0118128.04 July 2, 1996 - 7 - G) Indemnify: to indemnify and save harmless the Landlord, its agents, contractors, servants, employees, officers and licensees against and from any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the conduct or management of or from any work done on the Lands or the use of the Lands as set out in Section 4 (b) hereof, by the Tenant or any of its agents, contractors, servants, employees or licensees or by anyone holding the Lands or any part thereof through or under the Tenant other than those arising by reason of the negligence of the Landlord or any of its agents, contractors, servants, employees or licensees, and further to indemnify and save the Landlord harmless against and from any and all claims arising during the Term of this Lease brought against the Landlord and against judgments, liabilities and damages which Landlord may sustain from any condition of any building, improvement or structure on the Lands, or arising from any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease or arising from any act of negligence or omission to act of the Tenant, or any of its agents, contractors, servants, employees or licensees, or arising from any accident, injury or damage whatsoever caused to any person, firm or corporation occurring during the term of this Lease on the Lands, other than by the negligence of the Landlord or any of its agents, contractors, servants, employees or licensees; provided that for any matter for which the Landlord is claiming indemnity, the Tenant shall be entitled, at its cost, to dispute or challenge any claim against the Landlord and so long as such claim is either covered by the Tenant's insurance or if not so covered, so long as the Tenant has provided security for such claim acceptable to the Landlord, acting reasonably, the Tenant shall be entitled to have carriage of any legal or administrative proceedings out of which such a claim for indemnity may arIse; (k) Sales Taxes: to pay to the Landlord, at the same time as the amounts to which Sales Taxes (as defined at the end of this Section) apply are payable to the Landlord under the terms of this Lease, all Sales Taxes. All calculations are to be undertaken in an equitable manner so that no profit accrues to the Landlord in respect of Sales Taxes. Notwithstanding any other section or clause in this L~e, the amount payable by the Tenant under this Section shall not be deemed to be rent, but the Landlord shall have all the same remedies and rights with respect to the failure of Tenant to pay such amounts as if such amounts were rent under this Lease. If the Tenant fails to pay such Sales Taxes when due, the Landlord shall have the right, if required by law, to make such payments to the relevant authorities and to collect Sales Taxes so paid from the Tenant on demand. "Sales Taxes" means all goods and services, business transfer, multi-stage sales, sales, use, consumption, value added or other similar taxes imposed by the Government of Canada or any province or local government upon the Landlord or the Tenant in respect of this Lease or the payments made by the Tenant hereunder or the goods and services provided by the Landlord hereunder including, without limitation, the rental of the Lands by the Tenant; (1) Net Lease: except as expressly herein set out, it is intended that this Lease be a completely carefree net lease to the Landlord, that the Landlord is not responsible during the Term for any costs, charges, expenses and outlays of any nature whatsoever arising from or relating to the Lands, or to the use and occupancy thereof, or the contents thereof or the business carried on therein; -, - 8 - (m) Charges Collectible As Rent: II if the Tenant is in default in the payment of any amounts or charges required to be paid pursuant to this Lease, whether or not the same are designated as rent, they shall, if not paid when due, be collectible as rent with the next monthly instalment of annual rent thereafter falling due under Section 3, but nothing herein contained is deemed to suspend or delay the payment of any amount of money or charges at the time same becomes due and payable hereunder, or limit any other remedy of the Landlord; (n) Release: to release the Landlord, its agents, contractors, servants, employees, officers and licensees from all liability for any death or injury arising from or out of any occurrence in, upon, at or relating to the Lands or damage to the property of the Tenant or of others located on the Lands or any other loss arising from the Tenant's use or proposed use of the Lands; except if resulting from the negligence of the Landlord or its agents, contractors, servants, employees, officers and licensees. 5. LANDLORD'S REPRESENTATIONS AND COVENANTS (a) Subject to the Tenant paying rent and performing the covenants of the Tenant contained in this Lease, the Landlord covenants with the Tenant that the Tenant shall and may peaceably possess and enjoy the Lands for the term hereby granted without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming by, from or under it. (b) The Landlord agrees as the owner of the Lands that the Tenant may submit an application to re-zone the Lands to permit as an additional use to that permitted under the zoning by-law their use as a private parking and transfer station and related and accessory uses, and if necessary, consenting as owner of the Lands to such an application. (c) The Landlord as owner of the Lands shall, without being required to make any payments, or incur any costs assist and co-operate with the Tenant in obtaining all necessary permits and approvals required for the use of the Lands as contemplated by Section 4 (b) hereof and for the construction of the improvements as required by Section 4 (f) hereof; provided that nothing in this Section shall prevent or restrict the Landlord, in its capacity as a municipality from exercising all of its duties and responsibilities in its usual fashion. (d) The Landlord shall not assign its rights under this Lease if by doing so the Tenant's rights under this Lease, including without limitation the right to use the Lands for the purposes set out in Section 4(b) hereof would in any way be restricted or prevented or become illegal and in any event, any assignee shall agree in writing with the Tenant to comply with the provisions of this Lease, including without limitation the provisions of Section 19. The Landlord agrees that it shall not have the right to mortgage, charge or otherwise encumber the Lands. - (e) The Landlord agrees that it shall waive any restrictions or restrictive covenants in its favour as presently registered against title to the Lands so long as the Tenant complies with the Schedule of Works Agreement and so long as the Lands are used for the purposes set out in Section 4(b) hereof. 0118128,04 July 2, 1996 ~ - 9 - 6. DEFAULT OF TENANT (a) RE-ENTRY. Provided, and it is hereby expressly agreed, that if and whenever the rent hereby reserved, or any part thereof, or any other sum due hereunder, shall not be paid on the day or dates appointed for the payment thereof, although no formal demand shall have been made thereof save as required by Section 6 (c) hereof, or in case of the breach or non-performance of any of the covenants or agreements herein contained on the part of the Tenant, then and in either of such cases it shall be lawful for the Landlord at any time thereafter, into and upon the Lands or any part thereof, in the name of the whole to re-enter and the same to have again, repossess and enjoy as its former estate; - (b) SEIZURE OR FORFEITURE. In the case of a seizure or forfeiture of the Term for any of the causes herein set forth, the Landlord shall have the same right of re- entry as is given under the immediately preceding proviso; and (c) TIME OF RE-ENTRY. Notwithstanding anything herein contained or any statutory provisions to the contrary, the Landlord's right of re-entry hereunder for (i) non-payment of rent shall become exercisable thirty (30) days after notice of such default has been given by the Landlord to the Tenant and such default not having been remedied within such notice period; and (ii) non-performance of covenants shall become exercisable thirty (30) days after notice of such default has been given by the Landlord to the Tenant and such default not having been remedied within such notice period or such further time as may be reasonably required in the circumstances so long as the Tenant has commenced to remedy such default and diligently thereafter proceeds to complete such remedy. The Tenant acknowledges that the notice periods required to be given hereunder by the Landlord as owner of the lands shall not restrict the rights of the Landlord in its capacity as a municipality or the Chief Building Official from exercising their respective duties and responsibilities under their governing laws, by-laws and regulations. 7. OWNERSHIP OF BUILDINGS It is expressly understood and agreed, that any buildings, structures, improvements, fixtures, equipment or chattels constructed or located on the Lands shall be and remain the property of the Tenant, provided however that the Tenant shall upon the expiration, or other sooner termination for any reason whatsoever, of the Term hereby created yield up and surrender to the Landlord the buildings and other improvements of a permanent nature and the Tenant may remove its trade fixtures so longs as it repairs any damage caused by such removal. 8. EXTENSION OF TERM tI The Landlord and the Tenant agree that at the expiration of the Term hereby granted and so long as there is no outstanding default by the Tenant for which notice has been given and such default has not been remedied within the time periods set out in this Lease, the Term of this Lease shall be extended for consecutive terms of one (I) year each. The Term shall not be so extended if either party gives notice to the other that it does not wish the Lease Term to be so extended provided such notice shall be given no sooner than nine (9) months and no later than six (6) months in advance of the expiration of such term or extended term, as the case may be. The terms and conditions of the Lease during each such extended Term shall be the terms and conditions of this Lease. The Landlord agrees to execute such further assurances of such extension of the Term as the Tenant may reasonably request. Any party that decides not to extend the Term shall not be required to provide any reasons or justification for its decision. 0118128.04 July 2, 1996 - 10- 9. REMEDIES CUMULATIVE AND WAIVER " The failure of the Landlord or the Tenant to insist in anyone or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant or option; a receipt by the Landlord of payment with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver by either party of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by the party so waiving; in addition to the other remedies in this Lease provided, any party shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants, conditions or provisions of this Lease. 10. NOTICE Any notice, election, demand, declaration or request which may be or is or are required to be given or made pursuant to this Lease shall (unless otherwise required by law) be given or made in writing and shall be served personally upon any executive officer of the Party for whom it is intended or mailed by prepaid registered mail: (a) in the case of the Tenant, addressed to: R.R. #6 Box 178 Rama, Ontario LOK 1 TO Attention: Vice President Project Development (b) In the case of the Landlord, addressed to: The Corporation of the Township ofOro-Medonte Box 100 Oro, Ontario LOL 2XO Attention: Township Clerk (c) in the case of a Mortgagee of Tenant, to the address which it has provided to the Landlord for this purpose, failing which to its usual or last known address. or such other address in the Province of Ontario or in care of such other officer as either party or a Mortgagee may from time to time advise the others by notice in writing. The date of receipt of any such notice, election, demand, declaration or request, shall be deemed to be the date of delivery of such notice, election, demand or request if served personally or if mailed as aforesaid on the fifth business day next following the date of such mailing, provided that if at the date of such mailing interruption in the operation of the postal service of Canada does or is likely to delay the mailing, such notice, election, demand or request shall be served personally. 11. ARBITRATION II Any dispute which arises between the parties hereto concerning matters under this Lease, shall be determined and settled in accordance with the following procedure. If the parties can agree in writing upon the appointment of a single arbitrator, that arbitrator shall determine the matter or matters submitted to him or her. If the parties cannot agree on the appointment of a single arbitrator then the party requiring a matter to be determined by arbitration (the first party) shall give written notice to the other party (the second party) of the matter to be determined plus the name and address of the arbitrator appointed by the first party. Within twenty-one (21) days of the receipt of such notice the second party shall give notice to the first party of the name and address of the arbitrator 0118128.04 July 2, 1996 - 11 - e appointed by the second party and, failing such notice by the second party, the arbitrator for the first party shall forthwith proceed to determine the matter. If such notice is given by the second party, both arbitrators shall forthwith proceed to appoint a third arbitrator who shall be chairman. If such third arbitrator has not been appointed within fifteen (15) days of the receipt of notice by the first party from the second party, either party may apply to a Judge of the Ontario Court of Justice (General Division) under the provisions of the Arbitrations Act of Ontario or any similar successor legislation then in force for the appointment of such third arbitrator. Forthwith on the appointment of the third arbitrator, the arbitrators shall determine the matter. The decision ofthe arbitrator or a majority of the arbitrators shall be final and binding on the parties hereto and not subject to appeal save in regard to a question of law provided that notice of such appeal is served on the other party and filed in Court within ten (10) days of the receipt by the parties of the written decision of the arbitrator or arbitrators. Each party shall bear one-half of the cost and expense of the arbitration. 12. SEVERABILITY Each covenant and agreement contained in this Lease shall for all purposes be construed to be a separate and independent covenant and agreement and the breach of any such covenant or agreement by the Landlord except for quiet possession and enjoyment of the Lands shall not discharge or relieve the Tenant from the Tenant's obligation to perform each covenant and agreement of this Lease to be performed by the Tenant. If any term or extent be invalid or unenforceable the remainder of this Lease or the application of such term of provision of this Lease to persons or circumstance other than those to which it is invalid or unenforceable shall not be affected thereby and each term and provision of this Lease shall be valid and shall be enforced to the extent permitted bylaw. 13. TENANT'S FINANCING In the event that the Tenant shall mortgage or otherwise encumber its leasehold interest under this Lease and the mortgagee or holders of the indebtedness secured by the leasehold mortgage, debenture or trust deed shall notify the Landlord in the manner hereinafter provided for the giving of notice of the execution of such mortgage, debenture or trust deed and name and place for service of notice upon such mortgagee or holder of indebtedness, then, and in such event, the Landlord hereby agrees for the benefit of such mortgagees or holders of indebtedness from time to time: (a) that the Landlord will give to any such mortgagee or holder of indebtedness contemporaneously with service on the Tenant a duplicate of any and all notices or demands given by the Landlord to the Tenant from time to time. (b) such mortgagee or holder of indebtedness shall have the privilege of performing any of the Tenant's covenants hereunder or of curing any default by the Tenant hereunder or of any election, option or privilege conferred upon the Tenant by the terms of this Lease and the Tenant hereby agrees to be bound thereby; (c) the Landlord shall not terminate this Lease or the Tenant's right of possession for any default of the Tenant if within fifteen (15) days after expiry of the time within which the Tenant might cure said default, said default is cured or caused to be cured by such mortgagee or holder of indebtedness, or if within a period of fifteen (15) days after the expiration of the period of time within which the Tenant might commence to eliminate the cause of such default such mortgagee or holder of indebtedness commences to eliminate the cause of such default and proceeds therewith diligently and with reasonable dispatch; II (d) that, no right, privilege or option to cancel or terminate this Lease available to the Tenant shall be deemed to have been exercised effectively unless joined in by any such mortgagee or holder of the indebtedness; 0118128.04 July 2, 1996 - 12 - (e) save for any liabilities or other obligations hereunder including without limitation, any obligations (prior existing or otherwise) affecting the health or safety of the Premises which shall accrue during the period in which any such mortgagee or other encumbrancer is in actual possession of the Lands to a maximum of six (6) months, no liability for the payment of rental or the agreements shall attach to or be imposed upon any mortgagee, trustee under any trust deed, or holder of any indebtedness secured by any mortgage or trust deed upon the leasehold interest, all such liability being hereby expressly waived by the Landlord only during such six (6) month period. If such mortgagee or other encumbrancer remains in possession for a period in excess of six (6) months, it shall be responsible for all rental amounts outstanding and for remedying all outstanding defaults, failing which the Landlord shall be entitled to exercise all of its remedies for a Tenant's default hereunder; and - (f) notwithstanding anything contained in this Lease, if any default by the Tenant is by its nature not capable of rectification or remedy, as defined below, so long as the mortgagees or holder of the indebtedness shall pay the rent and satisfy the other Tenant's covenants for the applicable six (6) month period set forth in Section 13 (e), the Landlord shall not be entitled to terminate or forfeit the Lease and such mortgagee or holder of the indebtedness may, at its option, require that the Landlord execute and deliver a new lease of the Lands to such mortgagee or the holder of the indebtedness or to another party as designated by them, on the same terms and conditions as this Lease for the balance of the Term and any extension periods. In this Lease, a default not capable of rectification or remedy means a default arising from: (i) any goods or chattels on the Lands being seized or taken in execution or attachment by a creditor; (ii) an assignment for the benefit of creditors or the filing or institution of a petition or other process for bankruptcy for the staying of creditors; (iii) a bankruptcy or insolvency or the taking of the benefit of any statute now or hereafter in force for bankrupt or insolvent debtors; (iv) the appointment for any receiver, administrator or manager of any property, assets or undertaking; (v) the issuance of an order for winding-up or any other step in connection with the termination of corporate existence; (vi) a bulk sale of assets; and (vii) any assignment or sub-sublease of a leasehold interest in the Lands which contravenes this Lease. 14. HEADINGS II Headings and captions are inserted for convenience of reference only and are not to be considered when interpreting this Lease. All references to this Lease to paragraphs, sections and other subdivisions refer to the corresponding paragraphs, sections and other subdivisions of this Lease except as otherwise expressly provided and the words "this Lease", "herein", "hereof", "hereby", "hereunder", "hereinafter" and words of similar import refer to this Lease as a whole, and not to a particular paragraph, section or subdivision of this Lease. 0118128.04 July 2, 1996 - 13 - 15. ENTIRE AGREEMENT This Lease contains all of the terms, covenants, conditions and agreements between the parties hereto as to the demise of the Lands and any addition to or alteration of or changes in this Lease to be binding must be made in writing and signed by both parties. _ 16 TIME OF THE ESSENCE Time shall be of the essence in this Lease. The Chief Administrator of the Landlord is hereby authorized to extend the time limits set out in Section 1 (b) and Section 1 (c) hereof for up to thirty (30) days by written notice. 17. FORCE MAJEURE Notwithstanding anything to the contrary contained in this Lease, if any party hereto is bona fide delayed or hindered or prevented from the performance of any term, covenant or act required or permitted hereunder by reason of strikes, labour troubles, inability to procure materials or services, power failure, restrictive governmental laws or regulations, riots, insurrection, sabotage, rebellion, war, act of God or other reason whether of a like nature or not (but not including any inability to obtain financing or surety) which is not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then the last date for performance of such term, covenant or act shall be extended by the period of the delay and the party so delayed shall perform such term, covenant or act on or before that last date as extended. However, the provisions of this Section shall not operate to excuse the Tenant from the prompt payment of payments or the performance of the other covenants other than those affected by such event of force majeure, all as required by this Lease. Specific reference to this Section in this Lease shall not in any way affect its general application to provisions not containing such specific reference. Any dispute as to whether this section is applicable to any delay or hindrance shall be resolved by arbitration pursuant to Section 11. 18. REASONABLENESS If a party is of the opinion either that the other party is not acting reasonably as provided by any term or provision of this Lease which requires that party to do so or has unreasonably withheld an approval or consent which by the terms hereof may not be unreasonably withheld, a party may have the issue of whether or not the other is acting reasonably or has unreasonably withheld its consent or approval having regard to the facts and circumstances of the particular matter involved determined by arbitration pursuant to Section 11 and if the arbitration award determines that the other party acted unreasonably, the decision shall conclusively be deemed to be reversed, and any withheld consent or approval shall be conclusively deemed to have been given. 19. OPTION TO PURCHASE At any time after the fifth year of the Term and so long as any monetary defaults by the Tenant are remedied, the Tenant shall have the option to purchase the Lands for a sum of One Hundred and Seventy-Five Thousand Dollars ($175,000.00) on the following terms and conditions: (a) If any part or parts of the Lands have been expropriated before the exercise of this option, the purchase price of One Hundred and Seventy-Five Thousand Dollars ($175,000.00) shall be reduced by the net amount received by the Landlord in respect of any expropriation. II (b) This option shall be exercised by written notice of exercise of option executed under seal by the Tenant and given to the Landlord together with a certified cheque payable to the Landlord for Five Thousand Dollars ($5,000.00) as a deposit. The balance of the purchase price shall be paid by certified cheque on closing. The notice from the Tenant exercising the option shall constitute a binding agreement of purchase and 0118128.04 July 2, 1996 " " e - . - 14 - sale; and rent and all other amounts payable under this Lease shall be adjusted to the date of closing. The sale shall be closed within sixty (60) days after the exercise of the option unless otherwise agreed by the parties and the Landlord shall remove, on or before the closing, all liens, charges, restrictions or encumbrances on the Lands which were not the responsibility of the Tenant under the Lease excluding any restrictions or easements that may be registered on title to the Lands as of the commencement of the Term. Notwithstanding the exercise of this option, this Lease shall continue in full force until the closing of the sale. This option to purchase shall expire on the expiry or earlier termination of the Term and any extension ofthe Lease unless the Tenant has delivered a notice exercising such option prior to such expiry or termination. 20. REGISTRATION The Tenant at its cost shall be entitled to register this Lease or notice thereof in the Land Registry Office for the Lands and at its election may also register by a separate document, notice of the option to purchase described in Section 19 hereof with the form of any such notice to be approved as to form by the Landlord, acting reasonably. Upon expiry or earlier termination of this Lease without the Tenant exercising the said option to purchase, the Tenant shall provide at no cost to the Landlord a release in registerable form of any registration on title to the Lands made by the Tenant and if the Tenant fails to do so, it hereby irrevocably appoints the Landlord as its power of attorney to execute such a release. 21. CONTAMINATION If there have been any spilling, leaking, escaping, dumping or discharging of any contaminants, pollutants, dangerous substances, liquid wastes, industrial wastes, toxic substances, petroleum products, hazardous wastes or hazardous substances, on or below the Lands or from the Lands onto adjacent lands prior to or during the Term or any renewal of this Lease however caused, the Tenant at its sole cost shall undertake or cause to be undertaken the decontamination of the Lands and any affected adjacent lands to the then acceptable standards for the uses on such lands according to all laws, regulations, orders and guidelines relating to such matters. The Landlord or its representatives shall be entitled from time to time to enter upon any and all of the Lands without it being a breach of the covenant for quiet possession at all reasonable times during the Lease and prior to the expiration or termination of this Lease for the purpose of inspecting same, making tests, taking samples and soil borings, groundwater sampling and analysis and such other investigations as the Landlord or any governmental authority or agency deem appropriate in order to determine if the Lands have been contaminated as aforesaid and if so, if all of the hazardous substances as aforesaid have been removed to the standards required by any applicable laws, regulations, orders or guidelines of any applicable federal, provincial, municipal or local environmental health and safety body or agency. The Landlord shall repair any damage to the Lands or the improvements thereon caused by such examinations. 22. ASSIGNS This Lease and the covenants and agreements herein contained shall extend to, enure to the benefit of, and be binding upon, the parties hereto and their respective successors and permitted assigns. 0118128,04 July 2, 1996 e .a - 15 - IN WITNESS WHEREOF the parties have hereunto affixed their respective seals under the hands of their respective proper officers duly authorized in that behalf. TENANT WEAT PARKING INC. Per ~~'" V '7f ~k-' LORRAINE McRAE, PRESIDEN (I/We have authority to bind the Corporation) LANDLORD The Corporation of the Township ofOro-Medonte ,,I n =I- Per: f..A.'~~ /;5, j?,d IAN BEARD, MAYOR .. Per: LYNDA AIKEN, CLERK (I/We have authority to bind the Corporation) 0118]28.04 Ju]y 2, ]996 e ~ - 16- SCHEDULE "A" PARCEL 1 Part of Lot 5 on Registrar's compiled plan 1719 in the Township of Oro-Medonte in the County of Simcoe, designated as Parts 2,3,4,5,6, 7, 8 and 9 on Reference Plan 51R-19281. Subject to an easement over Parts 6, 7, 8 and 9 on Reference Plan 51R-19281 for the purposes set out in Instrument Number 01091512. Subject to an easement over Parts 5 and 9 on Reference Plan 51R-19281 for the purposes set out in Instrument Number 440829. PARCEL 2 - Replacement Lands Part of Lot 8 on Registrar's compiled Plan Number 1719 in the Township ofOro-Medonte, in the County of Simcoe, designated as Parts 1,2 and 3 on Reference Plan 51R-18457. Being the lands described in Instrument Numbers 01044687 and 01044689. 0118128.04 August 6. 1996 SCHEDULE "B" SCHEDULE OF WORKS BET WEE N: WEAT PARKING INC. - and - (hereinafter called the "Weat") e THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called the "Township") WHEREAS: (a) Weat and the Township have entered into a Lease Agreement (the "Lease") for the lands described in Schedule "A" attached to the Lease (hereinafter called the "Lands"); (b) Weat has applied to the Township to construct a parking and transfer station (the "development") on the Lands; (c) The Township has undertaken a site plan review of the development; (d) This Schedule of Works expresses the requirements of the Township for the initial construction of the development following the site plan review; (e) This Schedule of Works forms a part of the Lease between the parties and is attached to the Lease as Schedule "B". NOW THEREFORE this Agreement witnesseth that in consideration of the mutual covenants hereinafter contained, the parties hereto covenant and agree as follows: 1. CONSTRUCTION REQUIREMENTS 1.1 Weat covenants and agrees that all work performed on the Lands shall be in conformity with: a. the provisions of this Schedule; b. the "Parking and Facilities Layout" and the "Parking Lot Servicing" plans which are referred to in Appendix 1 attached hereto; c. the plans and specifications submitted to and accepted by the Township; d. all applicable municipal by-laws and all provincial and federal legislation and regulation. 1.2 Weat covenants and agrees to obtain all necessary permits and approvals prior to commencing any work on the Lands including, but not limited to, a Certificate of Approval from the Simcoe County District Health Unit and the necessary permits from the Ministry of Transportation of Ontario. '-2. 1.3 Weat covenants and agrees to ensure that all employers providing materials or services contemplated in this Schedule contribute the required sums to the accident fund established under the Workers' Compensation Act of Ontario so that the Township will have no liability for any such sums pursuant to Section 131 of the said Act. MUNICIPAL WORKS TO BE CONSTRUCTED BY WEAT ON MUNICIPAL PROPERTY 2 . 1 Weat covenants and agrees to construct and install at its expense the hereinafter required municipal works. Such works shall be constructed in accordance with the standards and specifications required by the Township and under the direction and supervision of a practising professional engineer employed by Weat and to the -2- satisfaction of the municipal engineer and/or Chief Building Official. These services may be summarized as follows: a. Relocation of stop signs as required by the Ministry of Transportation of Ontario. _3. INTERNAL SERVICES 3.1 Weat covenants and agrees to construct all internal services in accordance with the standards and specifications required by the Township and under the direction and supervision of a practising professional engineer employed by Weat and to the satisfaction of the municipal engineer and/or Chief Building Official. These services include, but are not limited to, those items identified on the plans referred to in Appendix 1 attached hereto. 4. SPECIAL DEVELOPMENT RESTRICTIONS 4.1 Weat covenants and agrees to comply with the following development restrictions and to use the Lands subject to the following development restrictions: a. Site Plan - to use and develop the Lands only in accordance with the terms of this Schedule. b. Lighting - to ensure that all lighting systems installed outside, such as flood lights, shall be directed away from any adjacent use and/or roadway. c. Parking Areas and Driveways - to ensure that all parking areas and driveways are constructed in conformity with Section 5.14 of By-law No. 1993-50 as amended and the Ontario Building Code Regulations 419/86, and that such parking areas are kept adequately drained. All entrances shall be constructed as in Appendix 1 attached hereto. d. Outside Storage - not to permit any outside storage on any adjacent street or roadway. e. Garbage Storage - to provide suitable storage areas for garbage and waste and to install and maintain litter containers in and around the development on the Lands. Weat shall arrange for private garbage collection and acknowledges that the Township does not have any obligation of providing garbage collection services to the Lands. f. Sewage Disposal - to obtain yearly permits from the Simcoe County District Health Unit for a holding tank to be installed on the Lands and, if required by the Simcoe County District Health Unit, to install at the expense of Weat a complete sewage system. 5. DEVELOPMENT CHANGES 4t 5.1 The parties acknowledge and agree that there shall be no changes to this Schedule or the appendixes attached hereto unless such changes have been approved in writing by both of the parties hereto. 6. FINAL COMPLETION OF SERVICES 6 . 1 Following the completion of the construction of the municipal works and internal services, and prior to the release of any Letter of Credit or any other security, -3- Weat shall file with the Township a certificate of a consulting engineer certifying that all works have been completed in accordance with the terms of this Schedule, including Appendix 1, and all other plans submitted to and accepted by the Township. e 6.2 The Township shall provide written confirmation of the completion of the municipal works and internal services upon receipt of the certificate referred to in the preceding subparagraph and upon the municipal engineer and/or Chief Building Official being satisfied with such completion. Such written confirmation shall constitute "final completion". 7. NO OCCUPANCY 7.1 Weat agrees that there shall be no use of the Lands as a parking and transfer station prior to the completion of the paving of the parking areas and installation of washroom facilities (temporary or otherwise) and that all municipal works and internal services will be completed within sixty days following the commencement of the use of the Lands as a parking and transfer station. 7.2 Weat acknowledges that should it be in default under the terms of this paragraph, the Township may obtain a Court Order prohibiting such use. 7.3 Prior to occupancy Weat shall file with the Township a certificate of a practising professional engineer confirming that the works and services referred to in this paragraph have been completed in accordance with the plans and specifications filed with the Township and in accordance with the terms of this Schedule, including Appendix 1 attached hereto. 7.4 The conditions for use of the Lands set out herein are in addition to any other requirements at law for such use. 8. INSURANCE 8.1 Policy of Insurance Weat covenants and agrees that the insurance provisions set out in the Lease of which this Schedule of Works forms a part shall be applicable to and in full force during the period of Weat's construction of municipal works and internal services. 9. EXPENSES TO BE PAID BY WEAT 9.1 Every provision of this Schedule of Works by which Weat is obliged in any way shall be deemed to include the words "at the expense of Weat" unless the context otherwise requires. 41 9.2 Weat shall pay such reasonable costs as may be incurred by the Township in having its solicitor and engineer perform any work in connection wi th this Schedule, including the . preparation, drafting, execution and registration of same. The Township acknowledges that its engineer will not be required to carry out full supervision of the construction of the municipal works and internal services. 9.3 All expenses or other sums of money owing by Weat to the Township for which demand for payment has been made by the Township shall bear interest at the rate of twelve percent (12%) per annum commencing thirty (30) days after demand. , '. , " , - ~ " , ' -4- 10. COMMENCEMENT OF CONSTRUCTION AND COMPLETION 10.1 Weat agrees to commence construction of the development within six (6) months of the date of the execution of this Schedule by the Township (the "effective date") and to complete construction (final completion) within twelve (12) months from the effective date. 10.2 If Weat is unable to commence or complete construction wi thin the time frames set out above, as a result of strikes, lock-outs or other events beyond the control of Weat, the Township agrees, on application by Weat, to extend the commencement or completion dates for a reasonable period but in no event shall the completion date extend beyond eighteen (18) months from the effective date. 11. MAINTENANCE GUARANTEE 11.1 Weat hereby guarantees the workmanship and materials for the landscaping works referred to in Appendix 2 attached hereto and agrees to maintain same free from defects for a period of one (1) year from the date of final completion of the municipal works and internal services. 11.2 All defects in the landscaping works will be promptly and properly repaired or replaced by Weat to the satisfaction of the Township during the one-year period. 12. SECURITY 12.1 As security to guarantee the due performance of all the terms of this Schedule of Works, including the municipal works and internal services and any other financial obligations required of Weat under this Schedule, Weat shall file with the Township prior to the execution of this Schedule by the Township a Letter of Credit in the amount of One Hundred Thousand Dollars ($100,000) drawn on a Chartered Bank of Canada in a form provided by the Township. 12.2 Provided that Weat has complied with the terms of this Schedule, the Township agrees to release a portion of the Letter of Credit upon final completion of the municipal works and internal services subject to a security holdback for the sum of $26,000.00 which shall be held by the Township during the maintenance guarantee period referred to in Paragraph 11 above which shall be released upon expiry of the maintenance guarantee period and upon compliance by Weat with the terms of such maintenance guarantee. 13. REALIZATION OF SECURITY 13.1 Default - In the event that it becomes necessary for the Township to realize on its security, as a result of defaul t by Weat, then the Township, its servants or agents or sub-contractors shall, if it so elects, have at all times the right and privilege to enter upon the Lands for the purpose of completing any work or services required to be constructed under this Schedule. 13.2 Exceeding Cost Estimates - If the costs of completion or repair exceeds the amount of security held to perform such work, any excess shall be paid by Weat to the Township on demand. 41 41 " -5- 13.3 Save Har.mless - Weat 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, agents or sub-contractors in order to complete the work or services required to be completed under this Schedule, 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, agents or sub-contractors. 13.4 The Construction Lien Act - I f the Township becomes obligated to make any payments, or pay any costs, under the provisions of Section 17(4) of the Construction Lien Act, this will constitute a default and entitle the Township to realize upon its security. 13.5 In the event of default by Weat, the Township shall have the right to, but is not obligated to, realize on its security and shall also be entitled to any other remedy at law available to it for default under the terms of the Schedule by Weat. 14. TIME OF THE ESSENCE 14.1 The parties hereto agree that time shall be of the essence in this Schedule. 15. ESTOPPEL OF WEAT 15.1 Weat agrees to not call into question directly or indirectly in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right of the Township to enter into this Schedule and to enforce each and every term, covenant and condition herein contained and this Schedule may be pleaded as an estoppel against Weat in any such proceedings. 16. SEVERABILITY OF CLAUSES 16.1 Should any section, subsection, clause, paragraph or provision of this Schedule be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Schedule as a whole or any part thereof, other than the provision so declared to be invalid. 17. GENERAL 17.1 THIS AGREEMENT shall enure to the benefit of and be binding upon each of the parties hereto and their permitted heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the following dates: By Weat on the I ~ day of , 1996. WEAT PARKING INC. Per: ~4 "j~/ ~ ~ LOr . "ne McRae, presraent (I/We have the authority to bind the Corporation) , . " .' 41 41 . ' -6- By The Corporation of the Township of Oro-Medonte on the day of , 1996. Per: Per: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE "j~-- E'l,~1 Ian Beard, Mayor y h_ R~ Lyn~Aiken, Clerk LOT - . ~ i 5 .~~" '" I r I ~..,:~~~~~ "':' , .. """ ji. ...~~...1 ! r I :.:..- I -,:,,~..~. ~ I : ~ ; I ., ""'} ,'Ii ~ '" ," '" '''' ... '" "" .... "" ... ". on '" "" ". ," '" ... ... ... "" '" ,... ... '"~ ". '" .n '" ... '"~ ... ... ... '"~ ... '" '" ." '" ,.. ... '" '" ... '" '" .., ... ". 'oO ... ... '" "" ... ... .., ." ... ... ... ... ..' ... ... ... ... ... ."" .;Ii .."c,J.') ,..:~,:' f....,., LOT ." .... ~) '" '" ... ... ... ... ." ." ." ,,, ... ... ... '" '" '" .., ... ... '" ... '" ... ... 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CA6I~~ RAwI~ > I;j I;j trJ Z t;:; H :><1 TOWNSHIP OF ORO-IIEOONTE CASINO RAMA REMOTE PARKING LOT A >-' PARKINC AND FACILITIES - LAYOUT /IM\ II.,..... lI.ok.... IIOft..1NIft :.~...1:.:..~:~ I I;j > 4.> trJ >-' 100n s..A.c.,I1I,r.s ..- ~ ~.j_O -,... -~ i~9~3 RPKA-1 ~ru.."..c;_..;ooc; _~.uc.,...I".. :~~1:~1::J:: _ r~ -.'-;"\ \ :;./l , . ...t. ';".:~.' .~ 1::, ~ &. .... ~.. . . "I~::'Vi''''::-~ L:.:._ -- /"/".),/ -" ,--.:;..~~~t;; " . ..>.... ....4, r:': '-, I '" -' - .:t' i .-. :.\\..,. '::,('K-i~'",~':"'; B k.. '. t.. .1 ..... .'~-'''.' ".~ ." ~~';":')3~:~';'.i ..... .,.::\ ~?:~~ . ~::::>._~ "</ ~,;:,. . -,j"'{ ......- ")'1 fIlM '"*'-'U -=.t... . .-1 .:" .. .. 10 , . ! !.::/ :-1,..... D 1'~L' ::.~ -:.:.\..;.~. ~..... ;.. ,.:;;~..~y[ 3 .. I 'l?;;.. ~ \ ,! ;.toT' VI \ '~'..'il I ~ 1'o...::j i 0 ~J i ::: f~:~'-:',,, LL I :';i'i: :....,I~: f , I... ~ ~.;W..: ..!U:("': j . ...~) '--'-.- -"'"'"'V.'- '-. 1..~. ..; .:~~.;~ '. ) . ~ .~:..1~:1:" ....- ~,..:~.~~.r . '~T.~~?~~~>...:~ ..'to- - ~ .~ ( '''" ',. JAMIEsott ""..1-. '. '. ORlvt HICKtN8OT1OII _ ~. IN'f'''E WI," 24 - ,. HOlfS/fT. (1'/1'.) FlOW RE$TRICTOR 43mm PEIIUANOIT POOl ELEV. - 223.'!Im 'IURf'~""'T (OR C_ COHTROI. FlOW RtSTRICTOR 42...... Pf:_ POOl [LEV. . 222.2O<n 'IURf' 1ItINI'0000U(Nf .....T fOR EROSION CONTROL now R~TR1CTOR J9mm Pf:_NT POOl [LEV. _ 22t.1~m ~RFlOW WEIR 1; 223.71 W10IH ~.....T (OR CROSION CONIIIOI. flOW IImRICTOR J6mm Pf:R_NT POOl. (LEV. . 222.6!1m ^ WETLUlO 4 221.2~ ".00 wt:TlAHD I fUV. 222..~ PRt:CAST CONROE CURS CONSTRUCTED WETLANDS FOR STORMWATER MANAGEMENT SECTION A-A N.T.S. p_tHC LOT ....TCH CRAD[ ~ .. .. .. .. u 1.Om ..... f---j 1---2.2~ CONSTRUCTED WETLANDS FOR STORMWATER MANAGEMENT SECTION B-B N.T.!;. =-~-=-~ .......... METRIC D,,,,,eNSIONS ARe IN ""ErReS AND/OR I.cILWCTRES UNLess OTHERWIse SHOWN I ... , c.... lOt ttlWtf 202 ca 203 .-- t86bt 20~ ..."" \It4 ;t01 ""'"_ n.......... u rtN tJ Nt "J.." 22.1.OQ 221.1.1 UJ.U au..' 221.11 2JJ.,. 22'1.24 nt.tJ nu,) 11..>> nuJ . IPCIt rRMl(Q N..tT CON'MOt. 0t'W:( "f'nIi[ 'C OR APPHCMO (QuAL ... (U:....'ION IS fOlt IM)fTOtI 01 Gll&AtI: .~..\ I 50 I ~ t.W.I OVERFLOW WEIR DETAIL N.T.S. SCMJ: 'r V'" , w. ~ { !iWU; ....T I- . . .. ......... ......'-'" -- ........... ".......-......~........~.. ~-=~~..:-~ ..-..-... S-t=~~ b~~...~~- ~~..:.r-----""""""'''''' :.=...~=-~ ........... :r::.:.~~-=-----'" .....,..... ~l:"'J~~=':-:':~ ::... ~~~....u., ........... t __-"""" . ---- ---- ...--.-.......-..~ C~I~~ RAMW :t:' "0 "0 t,1j Z t1 H X I-' TOWNSHIP OF ORO-"EOOIIITt ~~~& ~tHC lOT 4 PAHt(,IHG AHO fACJl..m[S - ${JMONt "0 ~ t,1j ,... '''(;/111'1- ..- N ...-.. 10-2 ---........- ----- .... ^ " LOT 5' , ; , i I i I ! -_......j f (V . .. .__w.~~ ~._-_..-_._--- ... JAMIESON. · _______ --------..... ...............,.....--.- . ------ ------. ._..~r-.-.... ........----- PlANT LIST : .., ... -- - . -- ... . -- .. .. -- .. . -- .. .. ... -...... .. . -- ... .. -- .. . - ...... ,,, . ,-- ,. .. ........-- .. . -..- .. . p........ .,.......... .. . -- .., . ....-- .. . ....- . II -- .. .. - ...... .. >> -.... - .. >> -.- .. .. --- .. .. ....- .. -- loA .. ........ ..... .~ ... --- IftIIWeCIIA"" .. ... --- .. ... -- ....-:.....--.-..-... I METRIC ......... sa( _ ......... ...,. -..."". ~"........,~ I ! j I i -. =-~:~:::=::_~ ...---.---......- ...--,--.-.-.-..... -- -,_._--_.~ ----..-- --_.---_. -- - - -'" ...-... I." -- ...-... ... -- nl_'" ... -- .,,_.... ... -- -... ". -- -... ... -- ..-.... ... -- - ... -- ..-.... ... -- ..-.... ... -- ..-... .... -- - ... -- ..-.... ... --- ..-.... ... -- ..-.... ... -- ..-... "... ..a. ac. ... ... ....... ..-... I'... '.I..Co ... --- ..-... II'... ......c. ...... ..-... ,'...... .oc. -- ..-... f'.........c. -- ..-... II... ,.,. o.Co -- ..-... II.. . ... . o.c. -- ..-... I'.. . .. . at:. -- ..-... ,'........o.c. ...........- - .... .c. ........ .... -.- - u..... .--.... _ tk- ..... ,; .- " . ... lEGEND o Kc::muaus ~ --~.... . Ii> ---11-..... 6) __._.... 0- 8> ..c._ at -_ ~ 1UIIf.... ~l\.MItrGUM1Ift rnm -....... ...,., .. I. ADDI..... uco.e ... .... II(f(a 10 ....... A-t . ---- . ---- -- ........... .. - . ----.."..--..-.-.......- - -,. CA6It\ f'Idx RArvl~ :J:>I Ii:) Ii:) tr.1 Z t:1 H :><: TOWNSHIP OF ORO-IlEOOIITE c.<smo RAw. REWOTE PARKING LOT A tv IN<OSCAP[ PIN! M.......... ........ ......... :==.~~..::.:.~ Ii:) ~ tr.1 I-' -- ....... A-IT . t . r ~ . - " PLANT LIST . Landscaping works in which the security . is being held for a one year period: Key Qty: Botanical Name Common Nome SIze Remarb :............... Clearing and grubbing Pm1 4- Pseudotsuga menzlesll Douglas fir 250 em ht. W.B. Topsoil, seeding and sodding Pg1 3 PIcea glauco White Spruce 250 em ht. W.B. Environmental controls Pg 14- PIcea glauco White Spruce 175 em ht. W.B. Landscaping allowance Tc 5 Tsugo canadensis Canadian Hemlock 175 em ht. W.B. Tree planting To 20 Thujo occIdento/ls White Cedar 100cm ht. f.P. Total: $26,000.00 Ac 5 Amelanchler canadensis Downy ServIceberry 800mm ht. -W.B. Ar1 10 Acer rubrum Red Maple 80 mm col. W.B. Ar 1 Acer rubrum Red Maple WHIP W.B. fa1 1 fraxfnus amerlcana White Ash 80 mm col. W.B. fa 10 fraxmus amerlcana White Ash 60 mm col. W.B. Pv 2 Prunus vlrglnlana Choke Cherry 80 em ht. f.P. pt 5 Populus tremuloldes Trembling Aspen WHIP W.B. Qa 2 Quercus alba White Oak 60 mm cal. W.B. SaT 3 Salix alba 'Trtstis' Golden Weeping Wdlow 60 mm col. W.B. Sn 3 Sallx nigra Black Willow 50 mm cal. W.B. cr 52 Camus rocemoso Gray Dogwood 60 em ht. f.P., 0 1.5 m O.c. TOTAL ESTIMATED LANDSCAPING cs 85 Camus serIcea Red Osier Dogwood 60 em ht. F .P., 0 1.5 m O.c. COST INa..UDING PLANTS, TOPSOll.., hk ;52 H)pericum kalmlanum Pot O'GoId 50 em ht. F.P.. 0 0.6 m O.c. :J=o 'U rt 33 Rhus t)'Phlna Sumac 60 em ht. f.P., 0 1.5 m O.c. 'U SOD, SEED & MULCH - $32,000 t>:.I ra 35 Ribes oureum Rowerlng Currant 60 em ht. f.P.. 0 1.2 m O.c. Z t1 sd 25 Sallx discolor Pussy Willow 80 em ht. f.P., 0 1.2 m O.c. H >: sc 20 Sambucus canadensis American Elder 60 em ht. F.P., 0 1.5 m O.C. ~ jsA 26 Juniperus sabina 'Arcadia' Arcadia Juniper 40 em hI. F.P.. 0 1.0 m O.C. 'U pm 4 Pinus mugo mugo Mugho Pine 60 cm ht. F.P., 0 1.5 m O.C. ~ t>:.I HYDRIC GRASSES ~ G1 510 Calamagt'"ostls canadensis Blue Joint Grass bunch O.3m o.c. o v.t. + above G2 605 Phalaris orundacea Reed Canary Gross bunch OAm O.C. o above v.t. to max 15cm depth. 'r' ~ .-. Province of Ontario Transfer/Deed of land Form 1 - Land Registration Reform Act A , ~ ;(f co <.D CO ~ en Z r-I o w C':) rJ) ::;) ....-1 ,- -, ~~ w ;~ ~, '.~' "l:: W t--~~ <./) "'? ;z (;;:; ...:.:( ~ww C":) ....... co t......) IX ;;;) '" >- '" w- I,:): co . _ , i.tJ ~!-O .;.<;:r "",_"! 0 -S;:O:iE ex::> c:::> C.D en .. Additional: See Schedule Executions (6) This (a) Redescription Document New Easement Contains Plan/Sketch Additional: 0 See Schedule : (b) Schedule for: . o ; Description 0 . DYE & DURHAM CFS POLARIS 1995 (1) Registry [8] (3) Property Identifier(s) Land Titles 0 (2) Page 1 of 2 pages Block Property Additional: See Schedule (4) Consideration zero-----00/100 Dollars $ 0.00 (5) Description This is a: Property Property Division Consolidation Township of Oro Medonte (formerly in the Township of South Orillia) in the County of Simcoe being composed of Parts of Lot 5 on Registrar's Compiled Plan 1719 designated as Parts 2,3,4,5,6, 7, 8 and 9 on Reference Plan 51R-19281. Subject to an easement over Parts 6,7,8 and 9 on Reference Plan 51R-19281 for the purposes set out in Instrument Number 01091512. Subject to an easement over Parts 5 and 9 on Reference Plan 51 R-19281 for the purposes set out in Instrument Number Number 440829. Additional Parties (7) Interest/Estate Transferred Fee Simple Other 0 (8) Transferor(s) The transferor hereby transfers the land to the transferee aAg Qil'tilil/G tRat!he tFaRaf8For is at least aifilRtoaR yaaR! aiel aReI tRat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name(s) WEAT PARKING INC. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature 'V M D I I : 1996 : 07 : , I' I ' , 1 I I I I I I I I I .: . . :. . ~ I I I I I I I I I .1, .1., I I I I I I I I I I I I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name: 'ritle: . Lorraine McRae . President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I have authority to bind the Corporation. (9) Spouse(s) of Transferor(s) I hereby consent to this transaction Name(s) Signature(s) Date of Signature Y M. D I I I I . :. I I I I I I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . (10) Transferor(s) Address P.O. Box 178, R.R. # 6' Orillia, Ontario LOK 1TO for Service (11) Transferee(s) THE .C.QRPORA TION. OF THE TOWNSHIP. OF ORO.-MEDONJE. Date of Birth Y M D I I . . , , . . . . . . . . . . . . . . . , . , . , . . . I' I I I I j' I I I . , I I I I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) Transferee(s) Address B 1 00 0 0 t . LOL 2XO for Service OX, ro, n ano (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 WEATPA~~~NC. _ ~h: (r : Y: M: D: : Y : M: D ..J ~~I~:i\~~rc;~v~ ~~ta~~effe~t ~~;~~ion 50 '0; l~~I~n~ii~~~~i~o the trans'fe'ror ~m'd '1 hav~ made Inquiries of ihe iran~f!rOr'to:' . . < 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 5 belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature i= Name and Weir & Foulds, #1600, 2 First Canadian Place, : Y : M: D Q. Address of T ON M X 1 J5 A R W R. I 1996 I I o Solicitor oronto, 5 tt:.. osenman Signature. . . . . , . . . . . . . . , . . . , . , . . I . . . , .1 . . .1. . , I (14) Solicitor for Transferee(s) I have investigated the title to this land and to abutting 'land where relevant and I am satisfied that the title records t) 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. Signature. Date of Signature Y . M. D I I I I ... . .1. . . . . . . . . . . . . . . . . I : Multiple (15) Assessment Roll Number of Property (16) Municipal Address of Property I cty. I Mun'l I I I I I I Map . Sub.. Par. I I I I I I Registration Fee (17) Document Prepared by: WEIR & FOULDS Suite 1600, Exchange Tower 2 First Canadian Place Toronto, Ontario M5X 1J5 Attn: R.W. Rosenman Not available Land Transfer Tax u. Total .. I')YE & OUPf'^'-1 ;::0. INC. . Form No. 500 , . ,.r"ended 1991 Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act Lot 5, Registrar's Compiled Plan 1719. /. Orillia), County of Simcoe, heing PRrtR Part South . Refe' to all instructions on reverse side. IGI .H~ rviATTER OF THE CONVEYANCE OF (insertbriefdescriptionof/and) T~wnship of Oro-Medonte (formerly Township of 2, 3, 4, 5, 6, 7, 8 and 9, Plan 51R-19281 WEAT PARKING INC. BY (print names of all transferors in full) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTF. TO (see instruction 1 and print names 0' all transferees in full) I. (see instruction 2 and print name(s) in full) DOUGLAS S. CHRISTIE MAKE OATH AND SAY THAT: 1. I a m (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) eA person in trust for whom the land conveyed in the above-described conveyance is being conveyed; II'- trustee named in the above.described conveyance to whom the land is being conveyed; A transferee named in the above-described conveyance; IX] (d) The authorized agent or solicitor acting in this transaction for (insert name(s) of principal(s)) The Corporation of the Township of Oro-Medonte described in paragraph(s) (JiI). ~. (c) above; (strike out references to inapplicabie paragraphs) o (e) The President. Vice-President. Manager. Secretary. Director. or Treasurer authorized to act for (insert name(s) of corporation(s)) described in paragraph(s) (a). (b). (c) above; (strike out references to inapplicable paragraphs) o (f) A transferee described in paragraph( ) (Insert only one of paragraph (a). (b) or (c) above. as applicable) and am mak ing this affidavit on my own behalf and on behalf of (insert name of spouse) who is my spouse described in paragraph ( ) (Insert onfyone of paragraph (a), (b) or (c) above. as applicable) and as such. I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of "single fam lIy residence" set out in clause 1 (1) (ja) of the Act. The land conveyed in the above,described conveyance o contains at least one and not more than two single family residences. o does not contain a single family residence. o contains more than two single family residences. (see instruction 3) Note: Clause 2( 1)(d) imposes an additional tax at the rate of one-half of one per cent upon the value of consideration in excess of $400,000 where the convey- ance contains at least one and not more than two single family residences. 3. I have read and considered the definitions of "non.resident corporation" and "non-resident person" set out respectively in clauses 1 (1 )(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "non.resident corporation" or a "non-resident person" as set out in the Act. (see instructions 4 and 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS AllOCATED AS FOllOWS: (a) Monies paid or to be paid in cash . . . . (b) Mortgages (i) Assumed (show principal and interest to be credited against purchase price) (ii) Given back to vendor . . . . . . . (c) Property transferred in exchange (detail below) .. (d) Securities transferred to the value of (detail below) (e) Liens. legacies. annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) (g) VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) ......... (h) VALUE OF ALL CHATTELS - items of tangible personal property (Retail Sales Tax is payable on the value of all chattels unless exempt under the provisions of the "Retail Sales Tax Act". R.5.0. 1980. c.454. as amended) . . . (i) Other consideration for transaction not included in (g) or (h) above (j) TOTAL CONSIDERATION . . . . . . . . . . . . . . . . $ 0.00 $ 0.00 $ 0.00 $ 0 00 All Blanks $ 0.00 Must Be $ 0.00 Filled In. $ 0.00 Insert "Nil" $ 0.00 $ 0.00 Where Applicable. $ 0.00 $ 0.00 $ 0 00 5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) Lands granted to Municipality for municipal purposes. 6. If the consideration is nominal. is the land subject to any encumbrance? 7. Other remarks and explanations, if necessary. Sworn before me at the City of Orillia in the of Simcoe this day of JuLy 1996 A Comm',,'oo"' f~ ot, Prop erty Information Record For Land Registry Office Use Only Describe nature of instrument: Deed Registration No. (I) Address of property being conveyed (if available) nla ssessment Roll No. (if available) nla iling address(es) for future Notices of Assessment under the Assessment Act for property being conveyed (see instruction 7) Box 100, Oro, Ontario LOL 2XO Registration Date Land Registry Office No. (i Re istration number for last conve ance of ro ert bein co nve ed if available <'I 31o.f~1 L( ( 1 Yes0 NoD Not known A. B. e D. gyp p y g y (ii) Legal description of property conveyed: Same as in D.(i) above. E. Name(s) and address(es) of each transferee's solicitor School Tax Support (a) Are all individual transferees Roman Catholic? YesD No (b) if Yes, do all Individual transferees wish to be Roman Catholic Separate School Supporters? YesD No D (c) Do all Individual transferees have French Language Education Rights? Yes D No Id) If Yes, do all individual transferees wish to support the French Language School Board (where established)? Yes D No , {ti P , , ~ rovm"e . ~ ,(If" --...;;..- Ontario -- cr) c.o CO CJ) .-; C"? ....-1 '~ t-- :'::;z '::::':w ~-;. ~ , :7;ww ;::x_ (/) f- c:: '_ (/) c:: (~ c:; <( ~WCD ........ cr:~ u.... !"C) (,) ........... C"? ...... ~o: ~. ~ ,~ .,. ;"'~ t.') ,,1,-. w ~'\r-~Qi: ,>:.... . "-,. .........:;;:'~. -- ~ ",...:t"""::::' :; ,... !';..~ "" "\::I.:e '-.)1- :, '~"~~J~~&~ 0; ~ < ...) co lJ') tIC ::> w ... 04 ro w w f-f-o ~C!: <t (-> ::'::Q:!: '::: L.: (/) ,,,, ;:: .,.~... co c:=;) <.0 CJ') .. New Property Identifiers Additional: See 0 Schedule Executions Additional: See Schedule Document General DYE & DURHAM CFS POLARIS 1995 Form 4 - Land Registration Reform Act D (1) Registry [ZJ Land Titles 0 (2) Page 1 of 2 (3) Property Block Property Identifier(s) pages Additional: See Schedule (4) Nature of Document NOTICE OF LEASE (Subsection 22(7) of the Act) (5) Consideration Dollars $ IV/L (6) Description Township of Oro-Medonte (formerly in the Township of South Orillia) in the County of Simcoe being composed of Parts of Lot 5 on Registrar's Compiled Plan 1719 designated as Parts 2,3,4,5,6, 7, 8 and 9 on Reference Plan 51R-19281. Subject to an easement over Parts 6,7,8 and 9 on Reference Plan 51R-19281 for the purposes set out in Instrument Number 01091512. Subject to an easement over Parts 5 and 9 on Reference Plan 51R-19281 for the purposes set out in Instrument Number 440829. o (7) This Document Contains: (a) Redescription i (b) Schedule for: . . New Easement i 0 Additional Plan/Sketch 0 i Description Parties . Other 0 (8) This Document provides as follows: Notice is hereby given of an unregistered lease dated the ~ day of A-\.,l'3l,\ b".\;- , 1996 made between The Corporation of the Township of Oro-Medonte, as Lessor, and Weat Parking Inc., as Lessee, affecting the land described in Box (6) hereof (hereinafter referred to as "the demised land") for a term of ten (10) years to be computed from the <6-\-V\ day of I\-\.A.S\"l~ , 1996 and ending on the rtv\ day of 11-u..Z)lt6t , 2006. The lease contains a right to renew for a term of one year. The lease contains an option to purchase the demised lands which may be exercised at any time after expiry of the fifth year of the term of such lease. The Lessee is prepared to produce the lease to which this notice relates for inspection by any person who can establish an interest in the lands described herein. Date of Signature Y . M. D THE CORPORATION OF THE TOWNSHIP I :: . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " " . . . . . . . . . . . . . . . . . . . . . . . . I. . . . . 1 . . ~ . . . I 1 1 1 I 1 1 1 I I 1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . .1. . . . . I . . .. . . . I 1 I 1 1 1 1 1 1 1 I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . . I' . . . . I . . 1 . . . 1 1 I 1 ,I 1 I I I 1 1 I (9) This Document relates to instrument number(s) (10) Party(les) (Set out Status or Interest) Name(s) OF ORO-MEDONTE (Lessor) Continued on Schedule 0 Signature(s) (11) :O~~:~ce Box 100 , Oro, Ontario LOL 2XO (12) Party(les) (Set out Status or Interest) . Name(s) Signature(s) Date of Signature . ."'!~A:~~~~~I.~~~~~.........,.................... Pf!r:~. 71L ~~;~~ .i.~7.i..~ 1 1 1 L ) I 1 I essee Name: Lorraine McRae : I . : . . . . . . . . . . . . , . , . . . . . . . . . . . . , . . . . . . . . . , . . . rifh:i:' . PresiClent . . . . . . . . . . . . . . . : . . . . 'i' . .:. . . 1 1 I I 1 I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . { . . . . .:. . .:. . . . I have authority to bind the Corporation i i i I (13) Address for Service P.O. Box 178, R.R. # 6, Orillia, Ontario LOK 1T0 (14) Municipal Address of Property WEIR & FOULDS Suite 1600, Exchange Tower 2 First Canadian Place Toronto, Ontario M5X 1J5 Attn: R.W. Rosenman (15) Document Prepared by: Not assigned >- i Registration Fee o w VI ::> w o u: u. o cr ~ Total ~ , Dyet, DURHA~"CFS F't:>LARIS 1995 Affidavit of Residence and of Value of the Consideration Form 1 - Land Transfer Tax Act L . ~ Retei tMII Instructions on reverse side. IN THE MATTER OF THE CONVEYANCE OijinsertbriefdescriptionOfland) Parts of Lot 5, Registrar's Cpmpiled Plan 1719, designated as Parts 2. 3, 4, 5. 6, 7. 8. and 9, on Reference Plan 51R-19281. Township of Oro-Medonte, County of Simcoe BY (print names of all transfero;s In full) THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE TO (see Instruction 1 and print names of all transferees In fUll) WEA T PARKING INC I, (see Instruction 2 and print name(s) In full) GORDON R. BAKER MAKE OATH AND SAY THAT: 1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see Instruction 2) I) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; A trustee named In the above-described conveyance to whom the land is being conveyed; A transferee named in the above-described conveyance; (d) The authorized agent or solicitor acting in this transaction for (Inserl name(s) of principals)) (c) above; (strike out references to Inapplicable paragraphs) authorized to act for (Inserl name(s) of corporation(s)) ___________ described in paragraph(s) (a), (b), o (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer WEAT PARKING INC. described In paragraph(s) x{e), ,qII), (c) above; (strike out references to Inapplicable paragraphs) ) (Inserl only one of paragraph (a), (b) or (c) above, as applicable) and am making this affidavit on my own behalf and on who is my spouse described facts herein deposed to. O(f) A transferee described in paragraph ( behalf of (Insert name of spouse) In paragraph ( ) (Inserl only one of paragraph (a), (b) or (c) above, as applicable) and as such, I have personal knowledge 2. (To be completed where the value of the consideration for the conveyance exceeds $400,000). I have read and considered the definition of 'single family residence' set out in clause 1 (1) Oa) of the Act. The land conveyed in the above-described conveyance ~contains at least one and not more than two single family residences. Note: Clause 2 (1) (d) Imposes an additional tax at the rate of one-half of one per does not contain a single family residence. cent upon the value of consideration In excess of $400,000 where the convey- t . th tw I I f .1 .d ( I tr ti 3' I ance contains at least one and not more than two single family residences. con alns more an 0 s ng e ami y resl ences. see ns uc on ~ 3. I have read and considered the definitions of 'non-resident corporation' and 'non-resident person' set out respectively In clauses 1 (1) (f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a 'non-resident corporation' or a 'non-resident person' as set out In the Act. (see Instructions 4 and 5) 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: $ (a) Monies paid or to be paid In cash. . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Mortgages (i) Assumed (show principal and Interest to be credited against purchase price) . $ (ii) Gi'/en back to vendor . , . . . . . . . . . . . . . . . . . . . . , . . . . . $ (c) Property transferred In exchange (detail belowl . . . . , . . . . . . . . . . . . . . . . . . . . $ (d) Securities transferred to the value of (detail below) ........,...........,. $ $ $ . . . . . . . . . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 All Blanks (e) Liens, legacies, annuities and maintenance charges to which transfer is subject (f) Other valuable consideration subject to land transfer tax (detail below) Must Be Filled In. . . . . . . . . . . (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of (a) to (f)) . . . . . . . . . . . . . (h) VALUE OF ALL CHATTELS - items of tangible personal property (Retail Sales rax Is payable on the value of all chette/s unless exempt under the provisions of the "Retail Sales rax Act", R.S.O. 1980, c.454, as amended) . Inserl "NII" $ 0.00 $ 0.00 Where Applicable . . . . . . . . . . . . . . . . . . . . . . . .$ (I) Other consideration for transaction not included In (g) or (h) above . . . . . . . . . . . . . . . . . . . . . . . . $ OJ TOTAL CONSIDERATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction 6) n/a . . . . . . 0.00 0.00 O.QO 5. 6. If the consideration is nominal, is the iand subject to any encumbrance? n/a 7. Other remarks and explanations, if necessary. The within transaction is exempt by reason that the conveyance is a lease of land which is for an unexpired term which. including any renewals or extensions cannot exceed 50 years, and there are no other agreements relating to the Lease. The lease contains an option to purchase the lands, for the granting of which no consideration is passing. Sworn before meat the CITY OF To-R-O IVT6 in the (YJU/VtC, J Pfi '-IT"?" 0 F" (YUrTRo fCJt.. t711 tV TO 1<..0 Nrc> this ;-fJ.... day of July 19 96 A Commissioner for taking Affidavits, etc. slgnature(s) GORDON R. BAKER Multiple addressees) for future Notices of Assessment un ed (see Instruction 7) For land Registry Office Use Only Registration No. not available der the Assessment Act for property being Registration Date Land Registry Office No. being conveyed (If available) 01314814 Property Information Record A. Describe nature of Instrument: Notice of Lease B. (i) Address of property being conveyed (If available) D. (i) Registration number for last conveyance of property (ii) Legal description of property conveyed: Same as In D.(I) above. Yes~ No 0 Not known D E. Name(s) and addressees) of each transferee's solicitor Weir & Foulds, Suite 1600, Exchange Tower. 2 First Canadian Place, Toronto. Ontario M5X 1J5 (Attn: R.W. Rosenman) School Tax Support (Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic? Yes D No D (b) If Yes, do all Individual transferees wish to be Roman Catholic Separate School Supporters? Yes 0 No 0 (c) Do all Individual transferees have French Language Education r:lghts? Yes 0 No 0 (d) If Yes, do all Individual transferees wish to support the French Language School Board (where established)? Yes D No 0 NOTE: As to (c) and (d) the land being transferred will be ..signed to the French Public School Board or Sector unless otherwlee directed In la) and Ib).