1993-097 Oro
THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 93- 97
Being a By-law to Authorize the Execution of an
Agreement between the Township of Oro and Canada
Building Materials company and Hil1way Equipment
Limited.
WHEREAS, Section 210(138) of the Municipal Act, R.S.O. 1990
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 Canada Building Materials
Company and Hillway Equipment Limited;
NOW THEREFORE the Council of The Corporation of the Township of
Oro hereby enacts as follows:
1. That the Reeve and Clerk are hereby authorized to execute
the agreement with Canada Building Materials Company and
Hi1lway Equipment 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 corne into full force and effect on
its final passing thereof.
By-law read a first and second time this 8th day of December
1993.
,
By-law read a third time and finally passed this 8th day of
December , 1993
THE CORPORATION OF THE TOWNSHIP OF ORO
(\Q /J i 1/
'tJ.r .... ~ J::L0~U
DEPUTY REEVE DAVID CALDWELL
/hA-h_lU/ V~6l~d~
~lerk, Darlene Shoebridge
.........
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INTERSECTION AGREEMENT
TOWNSHIP OF ORa
(County Road 11 and Concession Line 13)
THIS AGREEMENT made in quadruplicate as of the 29th day of
Qctober, 1993.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF ORO, having
its principal offices in the Township of Oro,
in the County of Simcoe, Oro Station, P.O. Box
100, Ontario LOL 2EO,
(hereinafter called the "Municipality")
OF THE FIRST PART,
- AND -
CANADA BUILDING MATERIALS COMPANY,
a division of St. Marys Cement Corporation,
having its principal offices at 2200 Yonge
Street, Toronto, Ontario M4S 2C6,
(hereinafter referred to as "CBM")
OF THE SECOND PART,
- AND -
HILLWAY EQUIPMENT LIMITED,
a division of G.H.Stewart Construction Inc.,
having its principal offices at 200 Brodie,
R.R. 4, Orillia, Ontario L3V 6H4,
(hereinafter referred to as "Hillway")
OF THE THIRD PART,
WHEREAS:
(a) CBM operates a licensed aggregate pit in Lots 9 and 10,
Concession 13, Township of Oro, and has applied for an
expansion to its licensed area in order to sustain operations
in the future;
2
(b)
Hillway currently operates a licensed aggregate pit in Lot 9,
Concession 14, Township of Oro, and has also applied for an
expansion to its licensed area into Lots 8 and 10 in order to
sustain its operations in the future;
(c)
CBM and Hillway both require amendments to the Municipality's
Comprehensive Zoning By-law No. 1031 in order to extend their
licensed areas;
e
( d)
The Municipality has required that CBM and Hillway agree to
improve the road intersection at County Road 11 and the
Concession Road between Concessions 13 and 14 as a condition
to obtaining the Zoning By-law amendments;
(e) The County Engineer for the County of Simcoe has prepared
plans and cost estimates for improving the intersection with
an acceleration lane and a deceleration lane (hereinafter
referred to as the "County Plans");
(f) The Municipality requires the execution of this Agreement by
the parties of the First, Second and Third part prior to
passing the required amendments to Zoning By-law No. 1031 for
CBM and Hillway, and which by-law's shall contain a Holding
("H") provision pursuant to the Planning Act;
(g) The conditions for removing of the Holding ("H") provisions
are set out herein.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the sum of $2.00 and other good and valuable consideration, the
parties hereto do hereby covenant and agree with one another as
follows:
1. RECITALS
1.1 The parties hereto acknowledge and confirm that the
foregoing recitals area true in substance and in fact.
2 . INTERSECTION IMPROVEMENTS
2.1 CBM and Hillway undertake and agree to construct at
their sole cost and expense, those intersection improvements, being
an acceleration lane and deceleration lane, at the intersection of
County Road No.11 and the Concession Road between Concession 13 and
14 in the Township of Oro, County of Simcoe, and as set out in the
following documents:
3
(a) the County Engineer's letter dated March 4, 1993
setting out the estimated costs of $105,000.00 for
the said improvement (a copy of which letter is
attached to this Agreement as Schedule "A"), and,
e
(b) the County Engineering Department drawing number
DB-9, dated the 28th day of September, 1993, (a
copy of which drawing is attached to this Agreement
as Schedules "B-1" and "B-2");
3 . ZONING BY -LAW AMENDMENTS
3.1 zoning - The Municipality agrees to place before
Council for its consideration amending By-laws to implement the
zoning required by CBM and Hillway.
3.2 Holdina provisions - The zoning of each site shall
contain a Holding ("H") provision which shall be removed on
complaince with the provisions of paragraph 4.
3.3 Zoning Appeals - In the event that either or both of
the amending Zoning By-laws, after circulation, are subject to
appeals, Hillway and CBM shall be responsible to the Municipality
for all reasonable municipal expenses incurred in connection with
the processing of such By-law amendments, and including, if
necessary, the presentation of such By-law amendments before a
Hearing of the Ontario Municipal Board.
3.4 In the event that there is an appeal to only one of
the amending By-laws, then the party concerned shall be responsible
to the Municipality for the costs mentioned in paragraph 3.3 above.
4. CONDITIONS PRECEDENT TO LIFTING ("H") DESIGNATION
4.1 Prior to the removal of the Holding ("H") prov~s~ons
in the Zoning By-laws, the following conditions shall have been
fulfilled:
( a) Application A Letter Application to the
Municipality by Hillway and/or CBM requesting the
removal of the Holding "H" designation;
(b)
County Confirmation - The Applicants shall
with the Municipality confirmation that
approvals from the County of Simcoe for
intersection improvements have been received;
file
all
the
4
(c) Letter of Credit The Applicant (CBM and/or
Hillway) shall deposit with the Municipality as
security to guarantee construction of the said
improvements, and in accordance with this
Agreement, Letters of Credit totalling $105,000 in
favour of the Municipality;
e
(d) Insurance - The Applicant(s) shall confirm that it/
they will lodge with the Municipality fifteen (15)
days prior the commencement of any intersection
work, an insurance certificate with an insurance
company satisfactory to the Municipality (which
said approval shall not be unreasonably withheld or
delayed) insuring for the joint benefit of CBM,
Hillway, the Municipality, and the County of
Simcoe, any liability that may arise as a result of
the construction or installation of any work to be
performed pursuant to this Agreement, and which
policy shall remain in force until the improvements
are accepted by the County Engineer, which
acceptance shall not be unreasonably withheld or
delayed.
The policy shall provide the following coverages:
i) The insurance coverage to be the sum of two
million dollars ($2,000,000.00);
ii) The named Insureds to be the Applicant(s), the
Municipality, and the County of Simcoe;
iii) The policy to have a completed operations
clause.
5. CONSTRUCTION DATES
5.1 Following the removal of the Holding ("H") provision
in the Zoning By-laws, CBM and/or Hillway shall, within two (2)
years from such date, construct the intersection improvements as
set out on the plan approved by the County of Simcoe. The
deceleration lane is to be constructed in the first year, with the
acceleration lane being constructed and completed in the second
year.
5.2 Failure to complete construction by the completion
date set out herein, shall entitle the Municipality to use the
deposited Letters of Credit to complete the construction.
5
6. CONSTRUCTION EASEMENTS
-
6.1 In the unlikely event that short term easements are
required on private lands in order to construct the Intersection
improvements the Municipality, with the assistance of CBM, Hillway
and the County of Simcoe, agrees to coordinate matters for the
acquisition of such temporary easements.
7. MUNICIPALITY/COUNTY SUBSIDIES
7.1 The Municipality/County shall credit the Applicant
with, any subsidies received in respect of road improvements to the
said intersection.
7.2 The term "subsidies" shall not include any payments
required to be paid by CBM or Hillway pursuant to the Regulations
under the Aggregate Resources Act.
8 . ATTACHED SCHEDULES
8.1 It is agreed that everything included in this
Agreement and the schedules attached hereto or referred to herein,
shall be included in, and form part of, this Agreement.
9 . BEST EFFORTS
9.1 The Municipality acknowledges that, by improving
this intersection at CBM's and/or Hillway's expense, such
improvements would also be beneficial to any other aggregate pit
applications in Concessions 13 and 14, north of County Road 11.
9.2 The Municipality agrees to use its best efforts to
require as a condition of any development or redevelopment of lands
in Concessions 13 and 14, north and/or south of County Road 11, for
aggregate purposes, to assess a "participation fee" for such use.
The final determination of this fee shall be set by the Council of
the day but shall have regard to the proportionate use that may be
made of the intersection by such other aggregate pit owner.
9.3 Such fees as are collected shall be subsequently
paid to the Applicant(s).
6
10. APPLICATION FOR RELEASE OF LETTERS OF CREDIT - ON FINAL
COMPLETION
10.1 On the County accepting the intersection
improvements, CBM and/or Hillway shall take the following
procedures prior to the Letter of Credit being returned:
-
(a) Letter of Application - the Applicant shall file a
letter of application with the Clerk of the
Municipality;
(b) County Certificate - accompanying the letter of
application shall be a letter from the County
Engineer's office confirming that the work required
under this Agreement has been completed and has had
final inspection;
(c) Calculation of Lien Holdback - there shall be a
calculation as to the amount to holdback under the
Construction Lien Act (10% of the total
construction cost);
(d) Declaration as to Accounts - there shall be filed a
Statutory Declaration that all accounts for labour,
equipment, materials and plant payable in
connection with the construction, installation and
maintenance of the said services, has been paid in
full.
11. EXPENSES TO BE PAID BY CBM AND HILLWAY
11.1 Every provision of this Agreement by which CBM and
Hillway are obligated in any way shall deem to include the words
"at the expense of CBM and Hillway" unless the context otherwise
requires.
11.2 CBM and Hillway shall pay such reasonable fees as
may be invoiced to the Municipality by its solicitor in connection
with all work to be performed pursuant to the provisions of this
Agreement.
12. ARBITRATION
12.1 The Arbitration Act, S.C. 1991, c.1?
In the event that the parties hereto are unable to agree as to
the interpretation or implementation of any of the terms of this
Agreement, then the matter in dispute shall be determined by
Arbitration.
7
The parties shall agree upon an Arbitrator, and if they are
unable to agree within 30 days of Notice from either party, then
each party shall appoint an Arbitrator within 15 days and the 2
Arbitrators so appointed shall appoint a third Arbitrator within
the following 15 days;
e
The decision of the Arbitrator or Arbitrators as the case may
be, shall be final and there shall be no appeals on question of law
or mixed fact and law. In all other respects, the provisions of
The Arbitration Act of Ontario, 1991, shall apply.
13. NOTICES
13.1 Any Notice to be given by any party under this
Agreement may be given by:
(a) Personal service - on the parties hereto, or
(b) Person in charge - personal service on the person
apparently in charge on the construction site and
by prepaid first class mail addressed to the other
party at the last known address, or
(c) Mail - prepaid first class mail addressed to the
owner at the last known address and which shall be
deemed to have been received 48 hours after
mailing, or
(d) Courier - by courier mail service, and shall be
deemed to have been delivered 24 hours after pick
up by the courier;
(e) Fax - any reference herein to "first class mail"
shall also refer to a telecopier message ( fax
message) when both the party giving the notice and
the party receiving the notice have a telecopier
machine on-site at their principal offices and such
telecopier messages shall be deemed to have been
received the day they were sent up to the hour of
4:30 p.m. and any time a telecopier message is sent
thereafter, it shall be deemed to be received on
the following day.
14 . TIME OF THE ESSENCE
14.1 The parties hereto agree that time shall be of the
essence in this Agreement.
8
THIS AGREEMENT shall enure to the benefit of and be binding
upon each of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the following dates:
-
By the Corporation of the Township of Oro on the
of Qec.':e', ;-<-' b.e r, 19 93'.
8
day
THE CORPORATION OF THE TOWNSHIP
OF ORO
Per: ~Lf4.P~/ ~k.a~~fi
/f ~r~
By Canada Building Materials Company on the xxxxXXXXXXf)XKX:th'e
day of 1911.
CANADA BUILDING MATERIALS
COMPANY
Per
Is
, By Hillway ,,,,~quipment
'JJ6ueJrYJ hll r , 19.2.::2.
Limi ted on
the
/,~
day of
HILLWAY EQUIPMENT LIMITED
Per:
-JL ~~-j;
cIs
Glen Stewart - President
I have the authority to bind
the Corporation
SCHEDULE "A"
(revised)
COUNTY ACMINIIITRATION CINTM
MIDHUI;S'T. ONTARIO LOL 1XD
'.
COUNTY ENGINEERS OFFICE
. Ma!cb. 4, 1993
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Glen Stewart
G.B. Stewart Construction
FROM:
:8:
G..E. Taylor, P'-.
County Bng;t'leet'
Improvements to O.S.R. No. 11, Con. 13, Om Township
Item :s.a.. Ibm Otmntitt 1ID1t 11Jdt ~ Tnmt Ptb
1. Earth Excavation 3000 c.y. $10.00 S30.000
2. Sand Cushion 1700 Ton $5.00 $8,500
3. Gran.. A SOOO Ton $8.00 $40.00
4. Water & Compactian Lump Sum $3~OOO
s. Top SoD. 310 c.y. $6.45 $2;000
6. P1ace Sod 300 s..y. $5.00 sr;soo
7. Seed &: Mulcb Lump Sum. $1,000
8. SD.pply & p1ace culverts 90 L.F. $20.00 $~800
, Hot ),fix 300 Ton $50.00 $15,00
.
10. Misc. (fencing.
UtiUties etc.) $2,200
....
TOTAL FSTIMATE $105,000
Note:
1. Acce1emtiort Lane - Eastbound involves 1000 feet full!! foot lane width. plus 500 it. taper
2. Decetemtio.n ls1e · Westbound involves 550 it. taper only
3. The above asphalt quantity is for pavement wi.denh'g only
4. '!he northbouncI tam at Cone. 13 may tequi.re the installation of a catchbasin to accommodate the
improved. mtius. This i5 not inoluded in the above ~mte
S. Engj'neering and SupeIvisicm to be provided by O.S.R. at no cost. to the aggregate produ.cets.
(c. L Drury)
Large Map
Schedule "B-1"
Schedule "B-2"
In binder