1995-047 To Amend By-law 94-133 being a By-law to authorize the entering into of an agreement between Monica Interior Design Ltd, 767987 Ontario Limited, 850892 Ont Ltd and Indian Park Assoc. for intersection
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 95-47
BEING A BY-LAW TO AMEND BY-LAW NO. 94-133 BEING A BY-LAW TO
AUTHORIZE THE ENTERING INTO OF AN AGREEMENT BETWEEN MONICA
INTERIOR DESIGN LTD, 767987 ONTARIO LIMITED, 850892 ONTARIO
I LIMITED AND INDIAN PARK ASSOCIATION FOR INTERSECTION CHANGES
i TO COUNTY ROAD 22 AND INTERNAL ROADWAY CONFIRGURATIONS ON
II REGISTERED PLANS OF SUBDIVISIONS AND PROPOSED DEVELOPMENTS
l' WITHIN LOTS 1-3, CONCESSION 6 AND 7.
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'I WHEREAS Council enacted By-Law No. 94-133 September 7, 1994
[authorizing the entering into of an Agreement between Monica
i Interior Design Ltd, 767987 ontario Limited, 850892 ontario
I Limited and Indian Park Association for intersection changes
l,to County Road 22 and internal roadway confirgurations on
i certain lands;
AND WHEREAS the agreement has been amended by the parties
" involved;
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1 NOW THEREFORE Council deems it appropriate to amend By-Law No.
'194-133 with the following:
,1. That "Appendix 1" be deleted and replaced by the amended
il Agreement and attached hereto as "Schedule 1".
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That this By-law come into full force and effect on its
final passing thereof.
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II By-Law
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[BY-Law
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read a first and second time this3rd
day of May
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read a third time and finally passed this 3rd
, 19!J5.
day of
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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!# A:--- -"'.t"O/L
Mayor, Ian Be~rd
'{))'1 ,,~I-A~.I ~)P.D-I",",y'~
e!erk, Darlene -S oebridge if
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Schedule 1
TIllS AGREEMENT made this 27th day of September, 1994.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF ORO - MEDONTE
(hereinafter called the "Township")
OF THE FIRST PART
-and-
LIMITED
MONICA INTERIOR DESIGN ~
(hereinafter called "Sugarbush")
OF THE SECOND PART
- and-
767987 ONTARIO LIMITED
(hereinafter called "Sabiston")
OF THE THIRD PART
- and-
850892 ONTARIO LIMITED
(hereinafter called "Valdoro")
OF THE FOURTH PART
- and-
INDIAN PARK ASSOCIATION
(hereinafter called "Indian Park")
OF THE FIFTH PART
WHEREAS Sugarbush, the party of the second part, is the owner and developer of a residential
development in the Township of Oro-Medonte on the lands described in Schedule "A" and hereinafter referred
to as the Sugarbush development;
WHEREAS Sabiston, the party of the third part, is the owner of a proposed development in the
Township of Oro-Medonte on the lands described in Schedule "N hereinafter referred to as the Sabiston
development;
AND WHEREAS Valdoro, the party of the fourth part, is the owner of a proposed development
in the Township ofOro-Medonte on the lands described in Schedule "N hereinafter referred to as the Valdoro
development;
AND WHEREAS Sugarbush; Sabiston and Valdoro shall be referred to collectively hereinafter
as the "Developers!!;
AND WHEREAS Indian Park the party of the fIfth part is the owner of certain land in Oro.
Medonte described in Schedule "A" hereinafter referred to as the Indian Park Lands;
AND WHEREAS the Township and the County of Simcoe have requested certain changes to
the existing and proposed access from the developments onto County Road 22 which hereinafter are referred
to as "the 6th Line Deviation" and the "Sabiston link" and have also requested certain improvements be made
to County Road 22, hereinafter referred to as the "County Road right-turn lane", and being collectively referred
as the "road work", more specifically described in the drawings and specifications referred to on Schedule "B"
attached hereto;
AND WHEREAS the parties of the second, third, and fourth part have agreed on the estimated
cost of the proposed road work set out on Schedule "B" hereto and have agreed to share that cost as set out
on Schedule "C" attached hereto;
AND WHEREAS the Township, Sugar bush and Indian Park have agreed to exchange lands as
set out on Schedule "D" attached hereto;
NOW THEREFORE TIllS AGREEMENT WITNESSETH that in consideration of the sum of
One ($1.00) Dollar and other good and valuable consideration, the parties hereto covenant and agree with each
other as follows:
1.
and in fact.
The parties hereto acknowledge and confIrm that the foregoing recitals are true in substance
2. Upon the execution ofthis Agreement, Sugarbush shall pay cash to the Township or place with
the Township a letter of credit in the form satisfactory to the Township in the amount equal to its share of the
estimated cost of the road work as set out on Schedule "C" attached hereto;
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3. The Township and Sugarbush covenant and agree that Ironwood Trail as shown on Registered
Plan 51M-367 will be terminated at the north end with a cul-de-sac partially located on the Township's 6th Line
road allowance rather than connecting with direct access to County Road 22. The construction, engineering,
and design work required for the Ironwood Trail cul-de-sac shall be paid by Sugarbush.
4. The Township and Sugarbush covenant and agree to take all steps and to do all things
necessary, including the exchange of lands, to provide for the construction of the cul-de-sac and to close the
necessary portion of the 6th Line to allow the development of the Ironwood Trail cul-de-sac to proceed
expeditiously. The Township agrees to process the engineering drawings for the Ironwood Trail cul-de-sac as
soon as possible on basis of the foregoing. Sugarbush agrees to transfer to the Township such portions of Lots
60, 61, and 62 as may be required to complete the cul-de-sac, together with such lands as may be required for
a.3 metre reserve if required by the Township. 'Ite 'Itv.nship agra;s to trarlsfer to ~ sxh p:rt:im of
tre Ir:<:I:f.a:rl T!:ail ~ allONaPre as ITEIf t:e I:Eq)irErl fcrtlE p;n::p:ses of a1S.Jrir1J Slfficient frmti"ge aD
a<:XJ8ss to Lot 61.
5. The Township, Sabiston and Valdoro covenant and agree that the draft plan approvals from the
Ministry of Municipal Affairs for the Sabiston and Valdoro developments will contain a condition that requires
the Developer to pay to the Township or to place with the Township Letters of Credit in a form satisfactory to
the Township in amounts equal to their share of the estimated road work as set out in Schedule "C". This
payment to the Township or Letters of Credit shall be placed with the Township by Sabiston and Valdoro prior
to registration of each respective Plan of Subdivision.
6. The Township, Sabiston, and Valdoro covenant and agree that the draft plan approvals from
Ministry of Municipal Affairs for the Sabiston and Valdoro developments shall contain a condition that the
Township may review the draft plan approvals after fIve (5) years and if appropriate request the Ministry of
Municipal Affairs to withdraw or revoke such approvals and Sabiston and Valdoro will not object to such
request.
7. The construction, engineering, and design work required by this agreement for the Sabiston link
to be constructed on the Sabiston lands shall be completed by Sabiston , at Sabiston's cost at the time of the
development of the Sabiston Subdivision.
8. The balance of the road work required by this agreement shall be completed by the Township
in a manner and at a timing which shall be in the sole discretion of the Township.
9. In the event, neither Sabiston nor Valdoro obtain draft plan approval within five (5) years from
the date of this agreement, then the Township may ,use the funds provided by Sugarbush to construct the
County Road right-turn lane at the existing Sugarbush entrance.
10. In the event one but not both of Sabiston and Valdoro obtain draft plan approval within fIve
(5) years of this Agreement, then the road work to be constructed shall be determined by the Township in its
absolute and sole discretion.
11. In the event that Sabiston does not obtain draft plan approval within 5 years of this Agreement,
Sabiston, upon receipt of reasonable compensation of the lands required for the Sabiston Link, shall convey the
said lands to the Township subject to retaining a right of way for access to and from the remainder of the
Sabiston lands. In the event reasonable compensation cannot be agreed upon between Sabiston and the
Township, the Township may expropriate the lands necessary for the Sabiston Link and in such event Sabiston
shall consent to such expropriation, such consent to expropriate by Sabiston shall not in any way be deemed
to waive his right to the determination of such compensation.
12. All engineering cost required for the County Road right-turn lane shall be paid by the Township
or the County of Simcoe and shall not be included in the cost of the road work set out in Schedule "C".
13. All planning, engineering, legal and surveying costs required for the 6th Line Deviation shall be
paid by the Township.
14. Each of the parties hereto shall be responsible for its own legal and consulting costs in
connection with the negotiation and preparation of this Agreement.
15. Immediately upon the execution of this Agreement the Township shall convey to Sugarbush,
or as it may direct at no cost to Sugarbush that portion of the closed road allowance identified as Parts 1 to 8
inclusive on Reference Plan 51R-17872 pursuant to the authorization contained in By-Law 90-100 of formerly
the Township of Oro which By-Law was registered in the Registry Office on the June 28, 1992 as Instrument
No. 01191331. .lf1"
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16.1V;7< Indian Park agrees to e<>E . 8> ~. the Township free and clear of all encumbrances at no cost to
the Township,~ if;'.;";' Pp~ts of the Indian Park land required for the 6th Line Deviation, parkland, and lot
additions as shown on Schedule "D".
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17, Valdoro and Sabiston agree to relocate at their cost the Indian Park kiosk to such location as
requested by Indian Park on Indian Park lands subject to the approval of the Township., am agree to restcce
the Eaid kiosk am aQs:x-jat:aJ lardscap:in;J to the extErrl presa1tlyexi.stin;J :in the OSW 1cx:atim.
18. The Township agrees to close and convey that portion of the 6th Line necessary to provide Lots
43 to 48 with public road frontaJ;>:e on the 6th Line Deviation. In the ~ tha~ Eai~ ~.J'~ alre2rli p.rild' t
am COOJfied, the awiTI, at its exp;nse, ext:fnj exi.stin;J dnvev.e.ys au serv:LCES au <"",_ere sell
as irIx:h Q . e there3f . , ,
1If.d' ~wns p agrees tliift the value of any Development Charges Act related work Wlthin the
original 6th Line road allowance (Road Section No. 1000) will be credited to Sabiston and Valdoro. The credit
will be available after the completion of the road work and upon request for building permits. The credit will
be based on a credit per lot of the road portion of the Development Charges Act levy.
20. Any notice requlred or permitted to be given for the purpose of this Agreement shall be in
writing and shall be sufficiently given if personally delivered to any officer of any party of sent by facsimile,
courier or registered letter, postage prepaid and addressed to:
("~ITfq
THE CORPORATION OF THE MONICA INTERIOR DESIGN ~,
TOWNSIllP OF ORO-MEDONTE 1950 Hwy #7
Box 100 Building C, Unit 1
Oro, Ontario Concord, Ontario
LOL 2X0 UK lW5
767987 ONTARIO LIMITED
c/o James Sabiston Limited
R.R. #2
Stouffville, Ontario
UA 7X3
850892 ONTARIO LIMITED
c/o Patrick Capobianco
110 Oxford Street,
Richmond Hill, Ontario
UC 4L7
INDIAN PARK ASSOCIATION
R.R.# 4
Coldwater, Ontario
LOK lEO
and such notice shall be deemed to have been given on the day following if it was personally delivered, facsimiled
or on the 4th business day following which it was mailed. Any party may from time to time change its address
for the purpose of receiving the said notice by giving notice in writing of such change to the other parties in the
manner above described.
20. This Agreement shall enure to the benefIt of and be binding upon the parties hereto their
respective successors and assigns.
Per:
I. (/!lITEr!>
TERIOR DESIGN i-.!I:!D.
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
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Per:~""",,"" .","f"""
Ian Beard 1 Mayor
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Per' /,/1; hA' ",,( f" /51 vb<"
. J.~/ 4" riJ'/ "'-~ #1'" ,PO /.'...,_,.,
/f Darlene Shoebridge, Clerk
~
Pe er DeMartini
Secretary-Treasurer
Per:
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Name:
Title:
767987 ONTARIO LIMITED
o /7<+
Per: ,:;:9~1<'d ~~M.
Name:
Title: lC>ll,i;51\D~ j
t IU#.v,~~'Jlh;; J\c..Tl>'~T'( Tt) t]./J4.Ki
Per:
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Name: t.."l<.Nc- (.IAN S:/N(?.4/R
Title:Jfi47t/Nf<: 7/!A/We
\Jt~A\\1
Name: ~ ~ K(;(\, 1)'1" ,
1'\' "P --~ {-#
Tl'tle" '" .1,,'''' '0"
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Per:
Per:
sugarbush.roa
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SCHEDULE "A"
Monica Interior Desil!I1 Ltd.
Part of Lot 2 and 3, Concession 6, and
Part of Lots 1, 2 and 3, Concession 6,
Township of Oro-Medonte, County of Simcoe
767987 Ontario Limited
Part of Lots 1 and 2, Concession 7,
Township of Oro-Medonte , County of Simcoe
850892 Ontario Limited
Part of Lot 3, Concession 7
Township of Oro-Medonte, County of Simcoe
Indian Park Association
Block 86 and Part of Block 88, Registered Plan
51M-367 Township of Oro-Medonte, County of Simcoe
ROAn WORK
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I I I ! COONTY ROAD No. 22
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COUNTY ROAD RIGHT lURN LANE
SABIS10N UN!<
Oth LINE DE\1Al1OH
IRONWOOD 1RAL CUL-DE-SI\C
-1.1CIX:
..
II01E:.
RIGHT lURN LANE IVPROVEJoIEN1S
BASED ON /,{TO ~A
FOR 80 ktn/hr DESIGN SPEED
GRAPIDC SCALE IN }.{E'l'RES
21 0 21
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RG RoBINSON ""'""....
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l' ..... .....,. .... ...... ................. (7'N) 121-<<11
REAUGNED 8th UNE OF ORO
AT COUNTY ROAD No. 22-
OPllON-B
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DWG. NQ 2 of 15
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SCHEDULE "C"
Estimated Cost of Road Works
County Road Right Turn Lane..........................................................
Realigned 6th Line and associated roads..........................................
Estimated Construction Costs .................
$ 52,457.28
$230.737.80
$283,195.08
Sabiston Link Portion (359m @ $275.34/m) ..................................
Remaining 6th Line Deviation Costs................................................
Equal Share of 6th Line Deviation...................................................
$ 98,847.06
$184,348.02
$ 61,449.34
Cost Sharine:
County of Simcoe: to provide all engineering services required for improvements to County Road
22.
Township of Oro-Medonte: to provide engineering and legal cost for 6th Line Deviation work.
Monica Interior Design Ltd.: $61,449.34
767987 Ontario Limited: $160,296.40 ($98,847.06 + $61,449.34)
850892 Ontario Limited: $61,449.34
Indian Park Association: convey free and clear of all encumbrances such portions of Block 86 and 88
(Part 1) of 51M-367 required for the 6th Line Deviation, parkland and lot
additions as per Schedule "D"
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50
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BLOCK 88
49
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44
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48
POSTA/..
kiOSk
SIT[::
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47
46
DE.'^~ \\0\-1
6ft' \..ltlE.
45
BLOCk 91
BLOCk 87
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43
20
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17
19
TRANSFER OF LANDS
~ INDIAN PARK TO nI'P.
E::J INDIAN PARK TO LOT 47
ic----::j nI'P. TO INDIAN PARK
.'
~ LOT 21 TO INDIAN PARK
~ nI'P. TO LOT 20
~ nI'P. TO LOT 21
_ nI'P. TO LOT 43
~ nI'P. TO LOT 44
Lvvvj nI'P. TO LOT 45
m3 nI'P. TO LOT 46
IDmJ nI'P. TO LOT 47
~ nI'P. TO LOT 46
GRAPHIC SCALE IN METRES
o ~ ~ n 100 1~
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'0 JRfo\ "...,. "'*' zoo. ....-rw. ~ ('108) ".1-'.u
REAUGNED 6th UNE OF ORO
AT COUNTY ROAD No. 22
LAND lRANSFERS
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012__7-50
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c.m: DAY'" ewe. NR LT-1