1997-033 To Authorize the Execution of a Lease Amending Agreement
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 1997-33
BEING A BY -LAW TO AUTHORIZE THE EXECUTION OF A LEASE AMENDING
AGREEMENT
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. (hereinafter
called "Weat") have entered into a Transfer Station Lease dated
August 8, 1996 which contemplates the acquisition of lands by the
Corporation, the leasing of such lands, the granting of an option
to purchase such lands, and control of the development of such
lands by Weat;
AND WHEREAS certain amendments to the Transfer Station Lease
are required to reflect the acquisition, development and lease of
Parcel 2 as described in Schedule "A" to the Transfer Station
Lease.
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 enter into a Lease
Amending Agreement substantially in the form attached hereto
as Schedule "A" to be effective upon the acquisition of the
lands described in Parcel 2 of Schedule "A" to the Transfer
Station Lease.
2. That the Mayor and the Clerk are hereby authorized to execute
all documents necessary to give effect to this by-law.
BY-LAW read a first, second and third time and finally passed this
16th day of April , 1997.
THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE
t/' ~'> If
k_./" e<- ~,('<':,'C
Ian Beard, Mayor
Per:
Per:
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LEASE AMENDING AGREEMENT
THIS AGREEMENT is made as of the 30 -tJ.... day of It f f< I L-
BETWEEN:
,1997.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called the "Landlord")
OF THE FIRST PART
- and -
WEA T PARKING INC.
(hereinafter called the "Tenant")
OF THE SECOND PART
WHEREAS:
A. By a Transfer Station Lease made as of the 8th day of August, 1996 (the "Lease") made
between the Landlord as landlord and the Tenant as tenant, the Landlord leased to the Tenant
certain premises more particularly described as Parcel 1 in Schedule "A" attached to the
Lease.
B. The Lease with respect to the lands described as Parcel 2 (the "Leased Premises") in
Schedule "A" attached to the Lease was conditional upon the Landlord acquiring the Leased
Premises in accordance with the terms of the Lease.
C. The Landlord has acquired the Leased Premises and has entered into this Agreement to
confirm that the Leased Premises have been added to the Lease and is part of the Lands as
defined therein and to confirm the terms of the Schedule of Works which are to apply to the
Leased Premises.
IN CONSIDERATION of good and valuable consideration, the receipt and sufficiency
whereof are hereby acknowledged by the Landlord and the rents, covenants and agreements
hereinafter reserved and contained, the parties agree as follows:
1. The parties hereto acknowledge, confirm and agree that the foregoing recitals are true.
2. The Lease is hereby amended as follows:
(a) Section 1 (b) and Section 1 (c) are hereby deleted on the basis that the conditions
contained in these Sections have been satisfied and they are replaced with the
following new Section l(b):
"The Tenant shall be responsible for all costs, expenses and transfer taxes incurred
by the Landlord in acquiring the Lands with all such amounts to be payable as
additional rent in accordance with Section 4(m) of this Lease".
(b)
Section 4(f), Subsection (i) and Subsection (ii) are hereby deleted and replaced with
the following:
"Section 4(f)(i) - enter into a schedule of works agreement or agreements
substantially in the form attached as Schedule "B" to this Lease with respect to Parcel
1 described in Schedule "A" hereto and in the form attached as Schedule "c" to this
Lease with respect to Parcel 2 as described in Schedule "A" attached hereto
(collectively the "Schedule of Works Agreement") with the Landlord as owner of
the Lands and to construct at its sole cost the improvements described in the
0175738.03
February 24, 1997
- 2 -
--
appendices to each of the Schedule of Works Agreements 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
entitled to the Lands in accordance with Section 41(10) of the Planning Act R.S.O.
1990 Ch, P.13 as amended, then at the request of the Landlord, the Tenant shall
execute such site plan agreement as part of such closing;
Section 4(f)(ii) - upon execution of the Schedule of Works Agreement and pursuant
to the requirements of Section 12.1 of each of the Schedule of Works Agreement, 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 and 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) with respect to the said Parcell described in Schedule "A" and in the
amount of Fifty Thousand Dollars ($50,000.09 with respect to the said
Parcel 2 described in Schedule "A". 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 Agreement; and"
(c) Section 16 is hereby amended by deleting and substituting the following:
"Section 16 - Time shall be of the essence in this Lease".
(d) Schedule "A" is hereby amended by adding the following right-of-way to Parcel 2:
"A right-of-way for access to and egress from Parts 1, 2 and 3 on Reference Plan
51R-18457 over that portion of Part 5 on Reference Plan 51R-18457 shown as the
driveway to Forest Home Park Drive as shown on Appendix 1 to the Schedule of
Works attached as Schedule "C" to the Lease; provided that such right-of-way shall
automatically expire either upon such lands being dedicated as a public roadway or
upon that portion of the Lands described as Parcel 2 on Schedule "A" ceasing to be
used in the manner shown on the said Appendix 1 to the Schedule of Works attached
as Schedule "C"."
(e) Section 19 is hereby amended by adding the following new subsections (c) and (d):
Section 19( c) - "Prior to closing, the Tenant shall be responsible at its cost to prepare
a reference plan describing the right-of-way over that portion of Part 5 on Reference
Plan 51R-18457 which benefits that portion of the Lands designated as Parcel 2 on
Schedule "A" to the Lease (such right of way being described in Section 2(d) to this
Agreement). "
.,
Section 19( d) - "In the event the Tenant intends after closing to carry on the
operation as described in Appendix 1 to Schedule "C" to the Lease, the Tenant agrees
that if requested by the Landlord, a very small portion of Parts 1, 2 and 3 on
Reference Plan 51R-18457 shall be retained by the Landlord so that such Parts 1,2
and 3 of Reference Plan 51R-18457 shall not be identical to the lands for which
consents had been given by the Township of Orillia on December 7, 1988 and shall
not be included in this option to purchase; provided that both parties shall act
reasonably in determining the portion of the Lands to be excluded and that such
portion shall not materially impair the Tenant's ability to carry on such operation on
the remaining portion of the said Parcel 2 being acquired by it. "
0175738.03
February 24, 1997
-
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- 3 -
(f) The Lease is hereby amended by adding the attached Schedule of Works as a new
Schedule "C".
3. Save as amended by this Agreement, the Lease remains in full force and effect unamended.
It is understood and agreed that all terms and expressions when used in this Agreement, unless a
contrary intention is expressed herein, have the same meaning as they have in the Lease.
4. This Agreement 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.
IN WITNESS WHEREOF the parties hereto have signed this Agreement or affixed their
respective seals under the hands of their respective proper officers duly authorized in that behalf.
) TENANT
)
) WEAT PARKING INC.
)
i p~-: Y? - . - In ~
) ~~e, Pr~ident
)
) IIWe have authority to bind the Corporation
)
)
)
) LANDLORD
)
) THE CORPORATION OF THE
) TOWNSHIP OF ORO-MEDONTE
)
)
) Per:
) Ian Beard, Mayor
)
)
) Per:
)
)
) IIWe have authority to bind the Corporation
)
)
0175738.03
February 24, 1997
e
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SCHEDULE"C"
SCHEDULE OF WORKS
BETWEEN:
WEAT PARKING INC.
(hereinafter called the "Weat")
- and -
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 as Parcel 2 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 "C".
NOW THEREFORE this Agreement witnesseth that in consideration of the mutual
covenants hereinafter contained, the parties hereto covenant and agree as follows:
1.
CONSTRUCTION REOUIREMENTS
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.
0175639.03
March 21. 1997
1.3
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2.
2.1
,.,
j.
3.1
4.
4.1
.,
0175639.03
March 21, 1997
(a)
- 2 -
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.
MUNICIP AL WORKS TO BE CONSTRUCTED BY WEA TON MUNICIPAL
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
satisfaction of the municipal engineer and/or Chief Building Official. These services
may be summarized as follows:
NOT APPLICABLE.
INTERNAL SERVICES
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.
SPECIAL DEVELOPMENT RESTRICTIONS
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. Weat shall also post a number of "No Parking" signs within a distance of
four hundred (400) feet of each entrance to the Lands as reasonably required by the
Township,
(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,
.
.
5.
5.1
6.
6.1
6.2
7.
7.1
7.2
7.3
7.4
8.
8.1
0175639.03
March 2], ]997
- 3 -
(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.
DEVELOPMENT CHANGES
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.
FINAL COMPLETION OF SERVICES
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, 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.
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" ,
NO OCCUPANCY
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,
Weat acknowledges that should it be in default under the terms of this paragraph, the
Township may obtain a Court Order prohibiting such use,
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.
The conditions for use of the Lands set out herein are in addition to any other
requirements at law for such use.
INSURANCE
Policy ofInsurance
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.
,
.,
- 4 -
9.
EXPENSES TO BE PAID BY WEA T
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.
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 with 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.
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 IfWeat is unable to commence or complete construction within the time frames set
out above, as a result of strikes, lock-outs or other events beyond the control of We at,
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 We at 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 Fifty Thousand Dollars ($50,000.00) 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
Twenty Thousand Dollars ($20,000,00) 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,
0175639.03
March 2], ]997
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13.
REALIZA TION OF SECURITY
13.1
Default - In the event that it becomes necessary for the Township to realize on its
security, as a result of default 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.
13.3 Save Harmless - 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 subcontractors.
13.4 The Construction Lien Act - If 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 WE AT
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 ofthe
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.
0175639.03
March 21.1997
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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 ~ '1 day of JJ-.f r,
,1997.
WE AT PARKING INC.
~~~~~
(I/We have the authority to bind the Corporation)
By The Corporation of the Township ofOro-Medonte on the;2~y of
,1997.
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Per:
Per:
(We have the authority to bind the Corporation)
0175639.03
March 2],1997
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METRIC
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(6) This (a) Redescription
Document New Easement
Contains Plan/Sketch
Transfer/Deed of Land
DYE & DURHAM CFS POLARIS 1995
Form 1 - Land Registration Reform Act
A
N
::r
(5) Description This is a: Property
Division
(1) Registry ~
(3) Property
Identifier(s)
(2) Page 1 of
Land Titles
Block
pages
Property
Additional:
See
Schedule
I..f)
.-i
(4) Consideration zero-----00/100
C)
C'")
Dollars $ 0.00
Property
Consolidation D
r--
CD
Additional:
See
Schedule
Part ofLot 8, Plan 1719,
Township of Oro-Medonte,
(formerly Township of Orillia (Southern Division)),
County of Simcoe,
being Parts 1, 2 and 3, Plan 51 R-18457.
Additional:
See D
Schedule
: (b) Schedule for:
.
I
: Description
.
(7) Interest/Estate Transferred
Fee Simple
Additional
Parties
(8) Transferor(s) The transferor hereby transfers the land to the transferee aReI eeFliliosil1at IRO IraRsforor is at leElst ei!jAloeR YOBFS Ella BRellAsl
. . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . .
. . . . . . . . . . . . . .
. . . . . . . . . . .
. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . Date of Signature
~ignature( . ~~ .'V . M. D
. " ..~... ..1. }~~7.1()v.!~.
1 I 1
I I I
1 1 1
.; . . ;. . ~
I 1 I
I 1 1
I I I
" . . . . . . . . . . . . . . . . . . . . . . . . . . .1. .1.. L
1 I I
1 I 1
1 I 1
I II
Name(s)
WEAT PARKING INC.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , .
Lorraine McRae - President
. r have c'u,ittio'rify'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
,
1
1
. . . . . . . . . . . . . . . . . . . . '1'
I
I
I
I
I
. I.
1
1
,
I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . .. . . . . . .
(10) Transferor(s) Address
for Service P.O. Box 178, RR #6, Orillia, ON LOK no
(11) Transferee(s)
THE .CQRPORA TION. OF THE TOWNSHIP. OF ORO-MEDONTE.
Date of Birth
Y M D
I
I
. . . . . . . . . . . . . . . . . . . . . . . . . . . t
1
1
1
1
j
I
I
I
I.
,
,
I
1
1
I I
I I
'1' -I'
I I
I 1
1 1
1 I
I '1'
I I
1 I
I I
.,. .J.
I 1
I 1
, ,
1 1
1 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . .
(12) Transfer~e(s) Address P 0 B 1 00 0 ON LOL 2XO
for Service . . OX ,ro,
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 50 of the Planning Act
Date of Signature Date of Signature
Y M: D: Y ; M; D
I I I I I ((
Signature. . . . . . . . . . . . . . . . . . . . . . , . . . . I. . . . ! . . . I. Signature. . . . . . . . . . . . . . . . . . . . . . . ! . . . . .. . . .1. . .
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
;J, 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
~ belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
- Name and Y ,M, D
!;: Address of : :
o Solicitor Signature. . . . . . . . . . . . . . . . . . . . . . . . . ., . . .,. . .
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
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.
Name and
Address of
Solicitor
(15) Assessment Roll Number
of Property
(16) Municipal Address of Property
RR #1
Orillia, ON L3V 6H1
Signature.
Date of Signature
Y . M, D
1 1
I ,
.. . . .1,
. . . . . . . . .
. . , . " . .
I Cty. 1 Mun'l
I 1 1
I I I
Map
Par.
I ~I::::
~ R'9"'""OO F"
~
8
Sub.
1
: Multiple
(17) Document Prepared by:
WEIR & FOULDS
Suite 1600, Exchange Tower
2 First Canadian Place
Toronto, Ontario M5X 1J5
Land Transfer Tax
RW, Rosenman
Total
Dyf: & DUftHAM CO. INC. . Form No, 500
Amf;nck>d 1991 ,
Affidavit of Residence and of Value of the Consideration
Form 1 - Land Transfer Tax Act
istrar's Com iled PI
Part
Refer to' all 'instructions on reverse side.
IN THE MATTER OF THE CONVEYANCE OF (insertb'iefdescriptionofland)
Townshi of Oro Medonte Count of Simcoe
BY (print names of all transferors in full)
WEAT PARKING INC.
TO (see inst;uction 1 and p'int names of all transfe'99s in full) THE CORPORATION OF THE TOWNSHIP OF ORO-MF.11ON'T'F.
I, (see instruction 2 and print name(s) in full) DOUGLAS S. CHRISTIE
MAKE OATH AND SAY THAT:
" I am (place a clea, marl( within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2)
.,. 0 (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
i (b) A trustee named in the above-described conveyance to whom the land is being conveyed;
(c) A transferee named in the above-described conveyance;
(d) The authorized agent or solicitor acting in this transaction for (insert name(s) of principal(s))
The Corporation of the Township of Oro-Mpnnntp
described in paragraph(s) ~), ~H), (c) above; (st'ike out references to inapplicable parag'aphs)
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 ,efe,ences to inapplicable paragraphs)
o (f) A transferee described in paragraph( ) (insert only one of paragraph (a), (b) 0' (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 ( I (insert only one 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 ily residence" set out in clause' (1 I (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) (fl 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. (1;99 inst,uctions 4 and 5) None
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0 . 00
$ 0.00
$ 0.00
(al Monies paid or to be paid in cash . . . . .. ...................
(b) Mortgages (j) Assumed (show p,incipal and interest to be credited against purchase price)
(ij) 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)
All Blanks
Must Be
Filled In.
Insert "Nil"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Tota/of(a) to ff)) ....................
(h) V i\.LUE OF ALL CHATTELS - items of tangible personal property
(Retail Sales Tax is payable on the value of all chattels unless exempt unde,
the provisions of the "Retail Sales Tax Act", R.S.O. 1980, c.454, as amended) . . . .
(i) Other consideration for transaction not included in (g) or (hI above
(j) TOTAL CONSIDERATION .......................
5. If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (see inst,uction 6)
Lands granted to Municipality for municipal purposes.
$ 0.00 $ 0.00
$ 0.00
$ 0.00
$ 0.00
Where
Applicable.
6. If the consideration is nominal, is the land subject to any encumbrance?
7. Other remarks and explanations. if necessary.
eto..
Christl~.
For Land Registry Office Use Only
Registration No.
A
City of Orillia
County of Simcoe
Sworn before me at the
in the
19 97
A. De;cribe nature of instrument: Deed
B. (il Address of property being conveyed (if available)
n/a
.ii) Assessment Roll No. (if available) n/a
l1ailing address(es) for future Notices of Assessment under the A~sessment Act for property being
conveyed (see instruction 7) Box 100, Oro, OntarlO LOL 2XO
Registration Date
Land Registry Office No.
D.
(i) Registration number for last conveyance of property being conveyed (if available)
(ij) Legal description of property conveyed: Same as in D.(i) above. Yes D
Name(s) and address(es) of each transferee's solicitor
NoD
Not known 0
E.
DOUGLAS S. CHFlJSTn!
RIJ!,,;~Ft I , CHRI'i1TIIi, MILu:n. ,roOOHAI\I
BARRISTERS & SOLlCITOR$
130)( 158.76 COLDVlIATEA STREET EAST
entLLIA. Olff';'PuO I..::!\f 6J3
School Tax Support (Voluntary Election) See reverse for explanaticlf~) 321:i-1326 fAX (705) 32"1-1811
(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?
(c) Do all individual transferees have French Language Education Rights? YesD No D
(d) If Yes. do all individual transferees wish to support the French Language School Board (where established)? Yes D No D
Nrrn::. A.. tn {,.\ "ntl {t!\ thA ."nti ""'inn tr:>ru>fArTM will hA "..."inned to the French Public School Board or Sector unless otherwise directed in (a) and (b).
YesD
NoD
0449D (90.09)
Instructions
1
1. Where any transferee (other than a joint tenant) is taking less than the
whole interest in the property being acquired, then the percentage
ownership of each transferee must be clearly indicated beside his/her
respective name.
2. (i) It should be noted that if all deponents are not entitled to mark
the same square in paragraph 1 of the Affidavit, then more than one
Affidavit will be required. Only those deponents who are entitled to
mark the same square in paragraph 1 may swear the same Affidavit.
(ii) This Affidavit is required to be made by each transferee named in
the conveyance, by each person in trust for whom the land conveyed
in the conveyance described is being conveyed and by each trustee
named in the conveyance to whom the land is conveyed.
(iii) However, any of the transferees may have the Affidavit made on
his behalf by an agent authorized in writing to make the Affidavit or by
his solicitor. (See clause (d) of paragraph 1 of the Affidavit.)
(iv) The Affidavit for a transferee that is a corporation may be made
by its President, Vice-President, Manager, Secretary, Director or
Treasurer. (See clause (e) of paragraph 1 of the Affidavit.)
(v) Where transferees are married to each other, either spouse may
make the Affidavit on behalf of him/herself and the other. (See clause
(f) of paragraph 1 of the Affidavit.)
3. Extract of clause 1 (1) Oa) of the Act:
Oa) "single family residence" means,
(i) a unit or proposed unit under the Condominium Act, or
(ii) a structure or part of a structure,
that is designed for occupation as the residence of one family,
including dependants or domestic employees of a member of the
family, whether or not rent is paid for the occupation of any part of such
residence, and whether or not the land on which the residence is
situated is zoned for residential use, and "single family residence"
includes any such residence that is to be constructed as part of the
arrangement relating to a conveyance of land, but does not include any
such residence constructed or to be constructed on agricultural land
where the transferor with respect to the land conveyed meets the
eligibility requirements for a farm tax reduction rebate contained in
clause 4(b) or (c) of Ontario Regulation 716/83 made under the
Ministry of Agriculture and Food Act.
4. Note: Subsection 1(3) provides, inter alia, that an individual shall be
considered to be "ordinarily resident in Canada" if, at the time the
expression is being applied, he has sojourned in Canada during the next
preceding twenty-four months for a period of, or periods the
aggregate of which is 366 days or more.
Extract of clauses 1(1) (f) and (g) of the Act:
(f) "non-resident corporation" means a corporation incorporated,
formed or otherwise organized in Canada or elsewhere,
(i) that has allotted and issued shares to which are
attached 50 per cent or more of the voting rights ordinarily
exercisable at meetings of the shareholders of the corporation
and that are owned by one or more non-resident persons, but
this subclause does not apply where it is established to the
satisfaction of the Minister that such one or more non-resident
persons do not in fact directly or indirectly exercise control
over the corporation and that subclause (v) does not apply to the
corporation,
(ii) that has allotted and issued shares to which are attached
25 per cent or more of the voting rights ordinarily exercisable at
meetings of the shareholders of the corporation and that are
owned by anyone non-resident person or by that person and
one or more persons who are associates of that person and who
are themselves non-resident persons, but this subclause does
not apply where it is established to the satisfaction of the
Minister that such non-resident person does not in fact
directly or indirectly exercise control over the corporation and
that subclause (v) does not apply to the corporation,
(iii) one-half or more of the directo':.s of which, or of the
persons occupying the position of director by whatever name
called, are individuals who are non-resident persons,
(iv) without share capital and one-half or more of the members
of which are non-resident persons,
(v) that is controlled directly or indirectly by one or more non-
resident persons, including a non-resident corporation within the
definition contained in the provisions of this clause other than
this subclause,
(vi) one-quarter or more of the paid-up capital of which is held
by a non-resident person or by that person and one or more
persons who are associates of that person and who are them-
selves non-resident persons,
(vii) one-half or more of the paid-up capital of which is held by
one or more non-resident persons,
(viii) that would be required on dissolving, winding up, or any
other distribution that is not a dividend, to distribute one-quarter
or more of its surplus to a non-resident person or to that person
and one or more persons who are associates of that person and
who are themselves non-resident persons, or
(ix) that would be required on dissolving, winding up, or
any other distribution of surplus that is not a dividend, to
distribute one-half or more of its surplus to one or more
non-resident persons.
(g) "non-resident person" means, I
(i) an individual who is not ordinarily resident in Canada or
if ordinarily resident in Canada, is neither a Canadian citizen
an individual who has been lawfully admitted to Canada
for permanent residence in Canada,
(ii) a partnership, syndicate, association or other organization of
whatsoever kind of which one-half or more of the members are
non-resident persons within the meaning of subclause (i), (iii) or
(iv) or in which interests representing in value 50 per cent or
more of the total value of the property of such partnership,
syndicate, association or other organization are beneficially
owned by non-resident persons within the meaning of subclause
(i), (iii) or (iv),
(iii) a trust in which non-resident persons within the meaning of
subclause (i), (ii) or (iv) have 50 per cent or more of the beneficial
interests in the corpus of the trust or in the income arising there-
from, and "trust" includes the trustees under such a trust in
their capacity as the trustees thereof, or
(iv) a non-resident corporation.
5. Insert the name and place of residence - or in the case of a
corporation, the place of incorporation - of any transferee who
is a non-resident person. If space is insufficient, attach a list of those
transferees who are non-resident persons. If none of the transferees
is non-resident, insert 'none'.
Note: Where the person named in the instrument as grantee is
taking title on behalf of another person(s), the residency status to
be recited must be that of the person or persons who are the
beneficial owners of the land - not that of the grantee named in the
instrument. This applies regardless of whether the trustee or
nominee capacity of the grantee named in the instrument is
indicated on the instrument.
6. Explain purpose of transfer: natural love and affection, pursuant to
court order, separation agreement, etc.
7. Insert mailing addressees) where municipal assessment notices for
property being conveyed are to be forwarded after closing of this
transaction.
SCHOOL TAX SUPPORT (Voluntary Election)
(a) & (b) The school tax support for the land being transferred will
be assigned to the public school board unless otherwise
directed. Only Roman Catholics can be separate school
supporters. If all individual transferees are Roman Catholic
and wish to be separate schools supporters, the completion
of items (a) and (b) will serve as notice to the Regional
Assessment Commissioner to enter the tra.nsferees on the
next Assessment Roll as Roman Catholic separate school
supporters. For further information on school support contact
your local school board.
(c) & (d) If the land being transferred is situate in an area in which a
French Language School Board has been established, and all
individual transferees have French language education rights,
completion of (c) and (d) will serve as notice to the
Regional Assessment Commissioner to enter the transferees on
the next Assessment Roll as French language school board
supporters.
Individu~l~thay,e(French langu~gE! education rights under s.23 of
the Canadian Charter of Rights and Freedoms if the individual
can answer yes to anyone of the following questions:
(i) Is French the language you first learned and still
understand?
(ii) Did you receive your elementary school instruction.
French? (This does not include French immersion or Frenct,
a second language).
(iii) Have any of your children received, or are they now
receiving elementary or secondary school instruction in Canada
in French? (This does not include French immersion or French
as a second language).
This information is requested under the Authority of s.15 of the
Assessment Act.
For further information contact your local school board.
NOTE: IN ADDITION TO ATTACHING THIS AFFIDAVIT TO THE CONVEYANCE TENDERED FOR REGIS-
TRATION, ONE UNATTACHED, COMPLETED COpy MUST BE TENDERED TO THE LAND REGISTRAR AT
THE TIME OF REGISTRATION, (R) 0449D (90.10)