1991-094 Oro To Authorize the Execution of an Agreement between the Township of Oro and The Sarjeant Company Limited and James Dick Construction Limited and Alfa Aggregates Limited and Allan G. Cook Limited and
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 91-94
Being a By-Law to Authorize the Execution of an Agreement
between the Township of Oro and The sarjeant Company Limited
and James Dick Construction Limited and Alfa Aggregates
Limited and Allan G. Cook Limited and Seeley & Arnill
Aggregates Limited.
WHEREAS, section 210(138) of the Municipal Act, R.S.O. 1980, as
amended, provides that Councils of municipalities may pass By-
Laws for regulating the operation of pits and quarries within the
municipality;
AND WHEREAS the Corporation of the Township of Oro is desirous of
entering into an agreement with The Sarjeant Company Limited and
James Dick Construction Limited and Alfa Aggregates Limited and
Allan G. Cook Limited and Seeley & Arnill Aggregates Limited;
NOW THEREFORE the Council of the Corporation of the Township of
Oro hereby enacts as follows:
1. The Reeve and Clerk are hereby authorized to execute
the agreement with The Sarjeant Company Limited and
James Dick Construction Limited and Alfa Aggregates
Limited and Allan G. Cook Limited and Seeley & Arnill
Aggregates Limited.
2. That the Clerk is hereby authorized to affix the
original, duplicate original and copy of the Agreement
with the Corporate Seal of the Township of Oro.
3. That when fully executed, a copy of the Agreement will
be attached to and form part of this By-Law.
4. That this By-law shall not take effect until the
approval of the ontario Municipal Board under section
64(1), Chapter 347, of the Ontario Municipal Board Act,
R.S.O. 1980, as amended, has been obtained.
READ a first and second time this 9th day of December 1991.
READ a third time and finally passed this 9th day of December
1991
THE CORPORATION OF THE TOWNSHIP OF ORO
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Re~e, Robert E. Drury
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/, lerk, Darlene Shoebridge
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THIS AGREEMENT made
1991
?'/ day of
~c;
in
quadruplicate this
~Jo'v'cffib""..c ,
BET WEE N
THE CORPORATION OF THE TOWNSHIP OF ORO
(hereinafter called the "Township")
OF THE FIRST PART;
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THE SARJEANT COMPANY LIMITED, a private Ontario
Corporation with its head office in the City of
Barrie, in the County of Simcoe
(hereinafter called an "Owner")
OF THE SECOND PART;
- and -
JAMES DICK CONSTRUCTION LIMITED, a private Ontario
Corporation with its head office in the Town of
Bolton, in the Regional Municipality of Peel
(hereinafter called an "Owner")
OF THE THIRD PART;
- and -
ALFA AGGREGATES LIMITED, a private Ontario
Corporation with its head office in the City of
Vaughan, in the Regional Municipality of York
(hereinafter called an "Owner")
OF THE FOURTH PART;
- and -
ALLAN G. COOK LIMITED, a private Ontario
Corporation with its head office in the City of
Barrie, in the County of Simcoe
(hereinafter called an "Owner")
OF THE FIFTH PART;
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SEELEY & ARNILL AGGREGATES LIMITED, a private
Ontario Corporation with its head office in the
Town of Collingwood, in the County of Simcoe
(hereinafter called an "Owner")
OF THE SIXTH PART
WHEREAS the Parties of the Second to Sixth Parts hereto are either
the licensees or registered owners of certain lands either
designated by the Township of Oro as "Pits & Quarries" pursuant to
the Township's Official Plan and are zoned M1 to permit the
operation of a pit and quarry under By-law 1031 for the Township
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of Oro or have a potential for such designation or zoning and are
more particularly described as part of Lots 7, 8, 9, 10 and 11
inclusive, Concession 7 and part of Lots 7 and 8, Concession 8,
comprising approximately 591 acres as more particularly shown on
Schedule "A" attached hereto and forming part of this Agreement.
AND WHEREAS the Owners or licensees of the lands set out in
Schedule "A" have requested that the Township either redesignate
and rezone and/or support their individual Official Plan Amendments
and/or Rezoning By-laws and/or licence applications or amendments
thereto under the Aggregate Resources Act all as set out in
Schedule "B" attached hereto and forming part of this Agreement.
AND WHEREAS the Township pursuant to Clauses 5.6.4.10 and 6.2.5 of
its Official Plan requires that the said Owners use as their haul
route, the 7th Concession Road between Highway 11 and the northerly
limit of Lot 7, Concession 8;
AND WHEREAS the Owners acknowledge that the 7th Concession Road
will have to be reconstructed in accordance with the Township's
Engineering Consultants' specifications prepared by R. G. Robinson
& Associates numbered and set out as follows and filed with the
Municipality: (the "Plans and Specifications")
TOWNSHIP OF ORO
7TH LINE RECONSTRUCTION
HWY. NO. 11 TO LOT 6/7
DRAWING
NO.
DATE
DESCRIPTION
HIGHWAY NO.11
Plan & Profile - Sta. 9+900
Plan & Profile - Sta. 10+260
Plan & Profile - Sta. 10+260
Plan & Profile - Sta. 10+980
Plan & Profile - Sta. 11+340
PIn!! & Pro f i 1 (~ - Sta. III '700
Plan & Profile - Sta. 12+060
Plan & Profile - Sta. 12+420
Plan & Profile - Sta. 12-780
15/16 SIDEROAD
Plan & Profile - Sta. 13+100
Plan & Profile - Sta. 13+430
Plan & Profile - Sta. 13+770
Plan & Profile - Sta. 14+110
Plan & Profile - Sta. 14+450
Plan & Profile - Sta. 14+790
Plan & Profile - Sta. 15+130
Plan & Profile - Sta. 15+470
COUNTY ROAD NO. 11
Plan & Profile - Sta. 0+000
Plan & Profile - Sta. 0+360
Plan & Profile - Sta. 0+720
0+360
0+720
1+080
PP-1
PP-2
PP-3
PP-4
PP-5
PP-6
PP-7
PP-8
PP-9
OCT.91
OCT.91
OCT.91
OCT.91
OCT.91
OCT.91
OC'l'.91
OCT.91
OCT.91
10+260
10+260
10+980
11+340
11+700
12+060
12+420
12+780
13+100
PP-10
PP-11
PP-12
PP-13
PP-14
PP-15
PP-16
PP-17
OCT.91
OCT.91
OCT.91
OCT.91
OCT.91
OCT.91
OCT.91
OCT.91
13+430
13+770
14+110
14+450
14+790
15+130
14+470
15+691
PP-18
PP-19
PP-20
OCT.91
OCT.91
OCT.91
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PP-21
PP-22
PP-23
PP-24
PP-25
OCT.91
OCT.9l
OCT.9l
OCT.91
OCT.91
3
Plan & Profile - Sta. 1+080
Plan & Profile - Sta. 1+440
Plan & Profile - Sta. 1+800
Plan & Profile - Sta. 2+160
Plan & Profile - Sta. 2+520
1+440
1+800
2+160
2+520
2+880
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LOT 6/7
CN-1
SD-l
SD-2
OCT.91
OCT.91
OCT.91
Construction Notes
Standard De.tails
Standard Details
AND WHEREAS all of the Owners agree that they will share equally
in the cost of the reconstruction of the 7th Concession Road from
the northerly limit of Lot 7, Concession 8, to Highway No. lIon
the south;
AND WHEREAS all of the Owners agree that apart from the subsidies
obtained by the Township from the Ministry of Transportation,
Ontario, the Owners must bear the primary responsibility of paving
the reconstructed 7th Concession Road, and this Agreement is to set
out the method of funding the same;
AND WHEREAS the parties hereto are desirous of entering into this
Agreement for purposes of confirming that the Owners of the Second
to Sixth Parts shall bear equally the cost of upgrading the 7th
Concession Road as heretofore described;
AND WHEREAS the Township, upon the execution of this Agreement and
the receipt of Letters of Credit in the amount of One Million
Dollars ($1,000,000.00) from the Owners, agrees to support at the
Ontario Municipal Board the Official Plan Amendments, Rezoning By-
laws, licence applications, and amendments to licence applications
to enable the Owners to obtain the necessary approvals for the
extraction of aggregate from their respective lands, all as set out
in Schedule "B" attached hereto.
AND WHEREAS all parties acknowledge that the reconstruction
of the 7th Concession Road will not commence until after the
Ontario Municipal Board has rendered its decision with respect to
the Hearing scheduled for the applications set out in Schedule "B"
hereto.
It
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the sum of One Dollar ($1.00) and other good and valuable
consideration, the parties hereto do hereby covenant and agree,
each with the other, as follows:
1. The parties hereto acknowledge and confirm that the foregoing
recitals are true in substance and in fact.
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Each of the Owners covenants and agrees that it 'will place
wi th the Township Letters of Credit in the amount of Two
Hundred Thousand Dollars ($200,000.00) for a total of One
Million Dollars ($1,000,000.00) in a form satisfactory to the
Township's solicitors to cover its estimated share of the cost
of the reconstruction of the 7th Concession Road, and shall
renew the same from time to time until called upon by the
Township.
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Each of the Parties hereto, agree that upon the final costs
of the 'reconstruction of the 7th Concession Road for both
north and south of County Road No, 11 being determined, the
Letters ,of Credit will be replaced in an amount to secure
their equal share of the actual cost of such reconstruction,
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plus F~fteen (15%) per cent.
(a) All of the Owners agree that they will, except for local
deliveries, restrict all truck traffic at all times in
s,uch a manner that until the 7th Line is rebuilt in
accordance with the Plans and Specifications attached
hereto as Schedule "B" (the adeqj.lacy of which shall be
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at the .sol'e. discretion of " the Township Road
Superintendent), but excludin~ paving returning trucks
. , .. ~H;Lghway .l:L__I1~I:'i:h
only, shall use the 7th ConcessionRoad from ~
to Simcoe Road No. 11 ,I,
~~~X:Xand the 7th Concession Road
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only from northf Simcoe County Road 11 to the north
limit of Lot 7, Concessions 7 and 8. Loaded trucks shall
use only t;hClt portion of the:; 7th Conc(~ss.i.on Road lying
between the northerly limit of Lot 7, Concessions 7 and
8 to Simcoe County Road No. 11 and thereafter use County
Road No. 11 to gain access to a designated north-south
haul route.
Once the 7th Concession Road has been reconstructed in
(b)
aCQordance with the Plans and Specifications attached
hereto as S'chedule "B", the Owners agree that they will,
except for local deliveries, restrict their truck traffic
at all times both to a0~ ~rom their lands in Lots 7, 8,
9, 10 and 11 inclusive in Concession 7, and part of Lots
7, and 8, Concession 8, to the 7th Concession Road between
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. H.;Lghway No. 11 and the northe:rly limit of Lot 17,r(
Concessi.on 8.
(c) In addition, local deliveries shall, unless with the
written permission of the Township, be restricted to a
,,' maximum ot 20 trips per day per 1 icensed pit, it being
understood, that .10 such trips per licensed pit would be
loaded and 10 such trips per licensed pit would be empty.
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The owners agree to use all reasonable efforts to
coordinate their local deliveries and cooperate with the
Township to ensure that local deliveries at anyone time
or in any specific area do not become an undue burden on
the roads or to local residents.
5. (a) The Owners agree that they will not object to the
Township imposing a speed limit for all trucks using the
7th Concession Road of 60 kilometres per hour;
(b) The Township agrees that it will consider removal of the
stop sign for north-south traffic on the 7th Concession
Road at the intersection of the Lot 15-16 Sideroad, and
consider replacing the same with a stop sign for east-
west traffic on the 15-16 Sideroad Road.
6. (a) In consideration of the several covenants given by each
of the parties hereto, the Owners covenant and agree to
let a contract for the reconstruction of the 7th
over a period of three (3) years
first year with that part of the 7th
lying in Lots 12, 13 and 14 in
Lots 11 to 7 and thereafter in phases
over two (2) years for the remainder of the 7th
Concession Road lying between Highway No. 11 and the
north limit of Lot 7, Concession 8, all in accordance
with the Plans and Specifications.
Concession Road
commencing the
Concession Road
conjunction with
(b) The Owners agree that the work required under the Plans
and Specifications shall be undertaken by a consortium
of the Owners herein on a force account basis as per
Ontario Provincial Standard rates except that the
equipment rate shall be 80% of the 127 Provincial
Standard rate. It is understood that the required
aggregate shall be obtained from the cut and fill
operation as set out in the Plans and Specifications and
that any additional aggregate shall be supplied by and
at the cost of the consortium.
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(c) The cost of all such work will be the responsibility of
the Owners. The Township's responsibility will be to
inspect the work (at the expense of the Owners) as it
progresses for purposes of determining that the same
meets the Plans and Specifications, and to authorize the
reduction of the letters of credit as hereinafter set
out.
(d) The consortium of Owners selected shall carry out the
road work prescribed in paragraph 6 ( a ) herein on an
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annual basis, which said work shall be inspected upon
completion by the Township's Road Superintendent and/or
its Engineers (the cost of such inspections to be that
the Owners). The Township I s Road Superintendent
and/or the Township's Engineers shall issue a certificate
as the work is completed from time to time and deliver
the same to the Township at which time the Township upon
receipt of further evidence that the work has been paid
for in full shall authorize the reduction of the letters
of credit filed under paragaphs 2 and 3 of this Agreement
by the participating Owners on a Qro rata ,basis.~:I!it>t
Sufficient Letters of Credit will be helB at all tlmes to cover the cost
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of canpletlng the 'WOrk, as estimated by tile Townshlp Englneer, p us
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if teen (15%) per cent of such estimate.
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7. The Township and the Owners covenant and agree that:
(i) The Township will, upon the completion of each of the
three phases of the reconstruction of the 7th Concession
Road to be completed in the years 1992, 1993, and 1994,
respectively, or upon the completion of all three phases,
at its sole option, let a contrac~ for the paving of the
completed "phases of the reconstruction of the 7th
Concession Road. The funds'f~r the payment of the paving
of the reconstructed phases of the 7th Concession Road
shall be obtained~by applying for whatever subsidies are
available from the Ministry of Transportation, Ontario,
either for the reconstruction of the 7th Concession Road
and/or the paving of the same or both, and the balance
by floating a debenture, or such other method of
financing as the Township may deem appropriate (the
II Debenture Debt"). The Owners agree to pay to the
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Township, annually, so long as any portion of' the
. or other financing
Debenture Debt/remains outstanding an amount equivalent
to a rate of ten (10) cents per tonne for all aggregate
removed from their individual licensed sites excluding
aggregate removed for the reconstruction of the 7th
Concession Road (the "Levy Amount").
(ii) The Levy Amount so collected together with the four ~~)
cen ts per tonne payable to the Township under tt~J( (
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Aggregate Resources Act shall be utilized by the Township
in the following manner:
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(a) Two (2) cents per tonne for the maintenance of roads
other than the 7th Concession Road;
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(b) such portion of the remaining twelve (12) cents per
tonne for the reasonable maintenance of the 7th
Concession Road until the same has been paved;
(c) the balaoce towards the reduction of the Debenture
Debt.
(iii) Until such time as the Township undertakes the paving of
the 7th Concession Road, the Levy Amount shall be set
aside in a separate interest-bearing account and all
interest earned thereon, together with the Levy Amount,
shall be used by Township in the manner set out in
paragraph 7 (ii) above,
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.~ (iv) 'I'b9 IMRore shall s"I'Ply tf>O TOIlAol1ip "ith a oepj' of their annutll
tonnago roporto r8quiroo ts 68 filed ~;ith tfle t1irlii3t:r:y of tJahlml
;~ q '.e .1:~" Re6:Ou:r::ooo for IfIatori:J.l oHtr:J.otod in Q~ol:l YOar aR4'.dttilll fifte9n
~ 'A'< (15) dayo of the required filiR~ d.Jto eJh:J.ll !93Y t8 tho Hooioip:J.lity
, the 1.91\;'1' l'.lF()oot. The CWners shall pay quarter-yearly until such
~li' tirre as the Debenture Debt or other such: :financing for the cost of
~. the balance of the 7th Concession Road has been repaid in full,a
sum equivalent to 109 per tonne for all aggregate removed from their
. - respective licenced sites (excluding any aggregate removed for the
DA ~ reconstruction of the 7th Concession Road). The Owners shall supply
the Township with a copy of their annual, ,tonnage r-eports required to
~ be filed with. the Ministry of Natural Resources to confirm the volume
of material eXtracted in each year.
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The Township shall, within fifteen (15) days of receiving
the Levy Amount from the Owners apply the same in the
manner heretoforer~et forth.
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(vi) The Levy Amount paid to the Township shall continue to
be made by the Owners until such time as the Debenture
Debt for the paving of the 7th Concession Road has been
retired.
(vii) The Township covenants and agrees by the execution of
this agreement to apply for all possible subsidies that
may be available, either for the reconstruction of the
7th Concession Road or for the paving of the same or both
and to apply such subsidies:
towards the cost of such paving and
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(b)
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to retiring the Debenture Debt,
The Township covenants and agrees by the execution of
for a period of YO years
this agreement to use its best efforts/to recover on a I
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pro rata basis the costs of the reconstruction of the
p~ving of the 7th Concession Road from any further
applicant for an Official Plan amendment, rezoning
application, licence application, or amended licence
application for' the extraction of aggregate from the
Municipality who might use the 7th Concession Road as its
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haul route. Any such recovery shall be used to reduce
any outstanding balance on the debenture used to fund
the cost of the paving of the 7th Concession Road and
thereafter shall be returned on a pro rata basis to those
Owners who ultimately undertooke and paid for the
reconstruction of the 7th Concession Road. In the event
that the Debenture Debt has been retired in full from the
Levy Amount and subsequently, provincial subsidies are
received for the reconstruction and/or paving of the 7th
Concession Road, such subsidies shall be distributed on
a pro rata basis to those Owners who ultimately undertook
and paid for the reconstruction of the 7th Concession
Road.
8.
The Township and the Owners acknowledge that:
(i) the issuing of the respective licences is dependent upon
a favourable recommendation of the Ontario Municipal
Board and the discretion of the Minister of Natural
Resources and as such there is a possibility that some
or all of the owners may not obtain their licences to
extract aggregate or to extract aggregate in the
quantities necessary to economically mine their
respective lands.
(ii) that it mayor may not be possible to reconstruct the 7th
Concession Road without the support of all of the owners
hereto;
(iii) that the reconstruction of the 7th Concession Road may
require the acquisition of additional lands;
(iv) that the cost of such acquisition is to be borne by the
Owners;
(v) that the acquired lands and the cost of the same may not
have been determined at the time an Ontario Municipal
Board hearing has been scheduled to hear the various
licence applications.
As a result the parties hereto agree as follows:
(a) The Owners collectively shall have the right, within
thirty (30) days of the decision of the Ontario Municipal
Board, or the determination of the cost of acquisition
of any additional lands that may be required to
reconstruct the 7th Concession Road, whichever is the
later, to elect, in the event that one or more of the
owners does not receive a favourable recommendation with
respect to its licence, or in the event that the
acquisition of any necessary lands for the reconstruction
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of the 7th Concession Road cannot be obtained for a sum
acceptable to the operators, to proceed in either of the
following ways:
(i) Those operators wishing to proceed with this
agreement shall supplement the letters of credit
required under paragraphs 2 and 3 of this Agreement
with such additional letters of credit as may be
necessary to acquire any additional lands, in which
event the Township shall release those letters of
credit of the non-participating parties, or
(ii) All of the Owners hereto may collectively agree to
abandon their respective licence applications and
this Agreement shall become null and void and any
letters of credit filed by the individual operators
shall be returned to them.
(b) In order to effectively carry out the provisions of this
Agreement and without limiting the generality of the
foregoing more particularly with respect to paragraph
7(a) herein all of the Owners agree that the Township may
request that the Board's order with respect to the
licence applications be held until the Township has
advised the Board that this Agreement or a satisfactory
replacement thereof has been entered into with the
Township, is unconditional, in full force and effect and
all necessary letters of credit have been filed.
(c) All of the parties hereto agree that upon the conditions
in this Agreement or any replacement thereof being
removed and the Owners proceed with the work and any
indi vidual Owner or Owners becomes bankrupt or falls into
default in the payment of its pro rata share of the cost
of the reconstruction of the 7th Concession Road, that
the Owners, upon the written consent of all of the Owners
hereto, shall have the right to call upon the Township
to call the defaulting party's letter of credit to pay
for the defaulting party's pro rata share of the cost of
the reconstruction of the 7th Concession Road. Nothing
contained in this paragraph shall be deemed to derogate
from the Owners' obligation to reconstruct the 7th
Concession Road and to pay for the balance of any
defaulting party's share that may be required over and
above the letter of credit filed by the defaulting party
with the Municipality.
(d) In the event that the Owners herein elect to abandon
their individual licence applications under the
provisions of paragraph 7 (a) (ii) nothing contained herein
shall prohibit any individual Owner from attempting to
~ in paragraphs 2 and 3 hereof, immediately process the Owners'
.. '. applications for Official Plan amendments and/or zoniIil,9' (
.. . ..' '. applications and give consideration to t,he licence (
,i (I applications, and further that upon the Township being
, '. as to the planning merit and
. '. '/.~. satisfied/,that all of the provisions of its Official Plan and
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"zon~ng By-law have been satisfied will support such Official
Plan amendments and/or zoning applications and/or licence
applications as set out in Schedule " B" hereto at the Ontario
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renegotiate an agreement with the Municipality whereby
an Owner can make independent arrangements with the
Municipali ty for a contribution towards the
reconstruction of the 7th Concession Road that would
enable that Owner to obtain its licence.
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Notwithstanding the above all Parties to this Agreement
acknowledge that the Owner{ Seeley & Arnill, has a Separate
Agreement with the Municipality that provides for the support
of the Municipali ty to the granting of the licence application
of Seeley & Arnill in consideration of the unconditional
contribution of a maximum sum of Two Hundred Thousand Dollars
($200{000.00) in work or material to be contributed to the
Municipality for the rebuilding of the 7th Concession Road.
The Township and the Owner, Seeley & Arnill, by the execution
of this Agreement, acknowledge that notwithstanding the fact
that anyone or all of the Owners of the Second to the Fifth
Parts inclusive herein shall not achieve their redesignation
and/or rezoning and/or licence as provided in Schedule "B"
hereto that the Municipality shall nevertheless have the right
to exercise their rights under such Separate Agreement. In
addition all of the Parties hereto acknowledge that in the
event that all 'of the Parties receive their redesignation
and/or zoning and/or licence or amBnded licences to permit the
extraction of aggregate as set out in'Schedule "B" that this
. Agreement shall preva!"l and the Separate Agreement between
Seeley & Arnill and the Municipality shall cease and have no
effect and any security that may have been provided by Seeley
& Arnill under such Separate Agreement shall be applied to the
security required to be paid under this Agreement.
10.
It is understood and agreed that this Agreement and the
providing of the letters of credit as set out in paragraphs
2 and 3 hereof is being entered into to meet the requirement
of the Township I s Official Plan, and particularly Section
6.2.5 thereof. It is further understood and agreed that the
Township will, upon the execution of this Agreement by the
Owners and the Owners filing of the letters of credit set out
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Municipal Board hearing scheduled for February and March of
1992.
11. The Township agrees that upon the completion of the
reconstruction of the 7th Concession Road from Highway No. 11
to the northerly limit of Lot 7, Concession 8, in accordance
with the Plans and Specifications the Township shall lift the
half-load restrictions as they apply to that portion of the
7th Concession Road and treat that portion of the 7th
Concession Road as a full service road,
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12. All parties agree that the Township shall, exclusive of the
Plans and Specifications be responsible for the following
items:
(ii) Pay for the cost of its Engineering Consultants for the
preparation of the Plans and Specifications up to and
including the 16th day of July, 1991 and for the cost of
any other consultants.~:xx ' ~
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~ .~iii) The acceptance of~~ny grubbed material necessary for the
reconstruction of the 7th Concession Road in the
Township's pit.
'The tendering of a contract for paving of the
reconstructed 7th Concession Road and to apply for
whatever subsidies might be available as a result of the
reconstruction of the 7th Concession Road and/or the
paving of the same and apply such subsidies towards 'the
cost of such paving and to arrange for financing the
balance by way of Debenture Debt or otherwise and such
other obligations as set out in paragraph 7 of this
agreement.
13. All parties agree that the Owners shall be responsible for the
following:
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(i)' the costs of the revisions of the specificqtions for th~((
reconstruction of the 7th Concession Road from and after
the 17th July, 1991.
(ii) Any reasonable construction inspections deemed necessary
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by the Township I S Engineers including quality control
.testing of the reconstructed 7th Concession Road.
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(iv)
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The acquisition of any portion of the right of way
necessary for the reconstruction of the 7th Concession
Road as set out in the Plans and Specifications. The
cost of such acquisition is to be borne the Owners.
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(iii) The costs of the Township's solici~ors
any work done in reviewing any documentation
attending any Ontario Municipal Board
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. quarte{~a~nually
Pay to the Township ~, or at such other time as
the parties to this Agreement shall unanimously agree,
a sum equivalent to ten (10) cents per tonne for all
aggregate removed from their respective licensed sites
(excluding any aggregate removed for the reconstruction
of the 7th Concession Road) until such time as the
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for
Debenture Debt or such other financing for the cost of
. the balance of the paving of the 7th Concession Road has
been repaid in full. The term "debenture debt or such other financing"
shall include interest and all other direct costs including interest on
Township funds~ based on a rate equivalent to the Township's borrowing
costs at its bank from time to time.
All Township costs payable by the ()..vners shall be paid within
thirty (30) days of the date of submission of accounts by the
Township to the CMners. Any amounts due after thirty (30) days
shall bear interest at the rate of 1.5% per month (18.00% per annum)
and may in the discretion of the Township be collected by drawing
on the Letter of Credit from the defaulting CMner or OWners.
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14. Each of. the part~~s hereto agree to carry out their individual
responsibilities as expediently as possible and as statute
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may require.
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'Any notice required or permitted to be given for the purposes
of this Agreement shall be in writing and shall be
sufficiently given if personally delivered to an officer of
the Party of the First, Second, Third, Fourth, Fifth or Sixth
Part or sent by telex, facsimile I courier or registered
letter, postage prepaid, addressed to:
The Corporation of the Township oJ Oro:
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Oro Station,"Box 100
Oro, Ontario
LOL 2EO
Fax No. (705)-487-0133
The Owners:'
The Sarjeant Company Limited
15 Sarjeant Drive
P.O. Box 277
Barrie, On'tario
L4M 4T2
Fax No. (705)-728-8643
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Attention: Mr, Scott Elliott,
Vice-President
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James Dick Construction Limited
P.O. Box 470
Bolton, Ontario
L7E 5T4
Fax No. (416)-857-4633
Attention: Mr. James Dick,
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Alfa Aggregates Limited
544 Rivermede Road
Concord, Ontario
L4K 2H4
Fax No. (416)-669~5235
Attention: Mr. Carmen Alfano,
President
Allan G. Cook Limited
Box 1500
Barrie, Ontario
L4M 4V3
Fax No. (705)-726-6364
Attention: Mr. David Blenkarn,
President
Seeley & Arnill Aggregates Limited
P.O. Box 340
Collingwood, Ontario
L9Y 3Z7
Fax No. (705)-445-5114
Attention: Mr. George Mugford,
Vice-President/General Manager
and such notice shall be deemed to have been given on the day
following the day it was personally delivered, telexed or
facsimiled or on the fourth business day following which it
was mailed; provided, however, if at the time of mailing of
any such notice thereafter prior to delivery, normal postal
service is interrupted through strikes or other similar
irregularities then such notice shall be deemed to have been
received on the fifth day following the resumption of normal
mail service. Any Party may from time to time change its
address for the purpose of receiving of any such notices by
giving written notice of such change to the other Parties in
the manner above described.
16. It is understood and agreed that the covenants given by each
of the Owners is several with respect to the lands owned by
such Owner.
17. This Agreement shall enure to the benefit of and be binding
upon the parties hereto, their respective successors and
assigns.
THE
OF ORO
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THE
CONSTRUCTION LIMITED
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ALLAN G. COOK LIMITED
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AGGREGATES LIMITED
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SCHEDULE "A"
The Sarjeant Company Limited - owner
west half of Lot 8, Concession VII
Township of Oro - containing
James Dick Construction Limited - owner
west half of Lot 7, part of west half
of Lot 8 and west half of Lot 9,
Concession VII
Township of Oro - containing
Alfa Aggregates Limited - owner
Part of east half Lot 9, Concession VII
Township of Oro - containing
Alan G. Cook Limited - owner
Part of north half of west half of
Lot 7, Concession VIII
Township of Ora - containing
Selley & Arnill Aggregates Limited - Licensee
Part of east half of Lot 10, Concession VII
Township of Oro - containing
100 acres + or -
290 acres + or -
75 acres + or -
50 acres + or -
76 acres + or -
591 acres + or -
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SCHEDULE "B"
Applications requested
The Sarjeant Company Limited:
(i) Application to rezone west half of
Lot 8, Concession VIII
from Rural Aggregate (RU1)
to Industrial Extractive (M2-
(ii) Class A Licence applicat.i.on west half
Lot 8, Concession VIII for 750,000,000 tonnes
James Dick Construction Limited:
(a) (i) Official Plan Amendment for
west half of Lot 7, Concession VII
from Rural
to Pi'ls & Quarries
(ii) Application to rezone
west half of Lot 7, COncession VII
from Rural (RU)
to Industrical Extractive (M2-
(iii) Class A Licence application in conjunction
with west half of Lots 8 and 9, Concession VII
for 900.,000 tonnes (including existing licence
of 150,000 tonnes)
(b) (i) Application to rezone
west half of Lots 8 and 9, Concession VII
from Rural Aggregate (RUl)
to Industrial Extractive (M2-
(ii) Class A Licence application
west half of Lots 8 and 9, Concession VII
for 1,000,000 tonnes (includes 1,000,000 tonnes
(a)(iii) above)
Alfa Aggregates Limited:
(i) Application to rezone
part of east half of Lot 9, Concession VII
from Rural Aggregate (RUl)
to Industrial Extractive (M2)
(ii) Class A Licence application
east half of Lot 9, Concession VII
for 750,000 tonnes
Alan G. Cook Limited:
(i) Application to rezone
part of east half of Lot 7, Concession VIII
from Rural Aggregate (RUl)
to Industrial Extractive (M2-
(ii) Class A Licence application
part of east half of Lot 7, Concession VIII
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for 900,000 tonnes (including existing licence
of 150,000 tonnes)
Seeley & Arnill Aggregates Limited:
(i) Class A Licence application
part of west half of Lot 10, Concession VIr
for 1,750,000 tonnes (including existing licence
of 1,000,000 tonnes)
DATED the
day of November, 1991
BET WEE N :
THE CORPORATION OF THE TOWNSHIP
OF ORO
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THE SARJEANT COMPANY LIMITED
JAMES DICK CONSTRUCTION LIMITED
ALFA AGGREGATES LIMITED
ALLAN G. COOK LIMITED
SEELEY & ARNILL AGGREGATES LIMITED
A G R E E MEN T
CATTANACH, HINDSON, SUTTON & HALL
52 Main Street North
Markham, Ontario
L3P lX5
DCH
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