1991-095 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 91-95
Being a By-Law to Authorize the Execution of an Agreement
between the Township of Oro 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 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 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.
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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THIS AGREEMENT made In quadruplicate this 21st day of~,
1991.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF ORO
(hereinafter called the "Township")
OF THE FIRST PART
AND:
SEELEY & ARNILL AGGREGATES LTD.,
a corporation incorporated under the
laws of the Province of Ontario
(hereinafter called "Seeley")
OF THE SECOND PART
WHEREAS Seeley has made an application for a Class" A" license for the
removal of aggregate from lands being composed of Part of the East half of Lot 10,
and the road allowance between the East half of Lots 10 and 11, Concession 7, of the
Township of Oro, in the County of Simcoe;
AND WHEREAS the application was referred to the Ontario Municipal
Board and its Report to the Minister of Natural Resources was dated May 29, t1990,
File No. M890114;
AND WHEREAS Seeley is presently extracting aggregate under the
existing license on the property abutting the present application which property is
licensed for the extraction of up to one million tonnes;
AND WHEREAS the Ontario Municipal Board found that the designated
areas should be mined, but expressed some concerns to the Minister, which concerns
Seeley has answered and is presently in the process of making submissions to the
Minister of Natural Resources for the license to be issued;
AND WHEREAS Seeley has requested the Township to support the
submissions to the Minister of Natural Resources for the issuance of the license and
the Township has actively agreed to do so as is evidenced by the Resolution of the
Township No. 18(a) dated April 29, 1991;
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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.
2. The Township confirms its Resolution No. 18(a) dated April 29, 1991 a
copy of which is attached hereto as Schedule "A", and agrees that it will take all
reasonable actions requested by Seeley to support the application to the Minister of
Natural Resources for the issuance of the license to extract aggregate from the 75
acre parcel referred to in the application.
3. Seeley covenants and agrees that it will not extract more than one million
tonnes from its presently licensed pit and the pit which is the subject of the
application to the Minister of Natural Resources, and will not request or agree to any
increase in tonnage until the 7th Line of the Township of Oro has been reconstructed
from the pit location south to Highway II, to the sole satisfaction to the Township of
Oro.
4. Seeley hereby confirms its continued commitment to the Township to
contribute up to a minimum of $200,000 to the Township for the reconstruction of
the 7th line of Oro and that the said contribution can be satisfied by the supply of
materials, services and/or equipment. The value of the materials, services and/or
equipment shall be calculated at a unit price as determined by the Township acting
reasonably, and taking into account current tendered prices on work of a similar
nature, less ten (10%) per cent. Seeley will deposit with the Township a Two
Hundred Thousand ($200,000.00) Dollar Letter of Credit to assure the fulfilment of
this undertaking.
5. The parties acknowledge that at present there are four other companies,
namely, The Sarjeant Company Limited, James Dick Construction Limited, Alfa
Aggregates Limited and Allan G. Cook Limited, that are in the process of bringing
applications to either amend the Official Plan or Zoning By-laws of the Township so
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that licenses to extract aggregate may be obtained and the Township has requested
that these four companies enter into an agreement to contribute to the reconstruction
of the 7th line of Oro. Seeley agrees that it will cooperate with these four other
. companies and will enter into an agreement with the Township and with these four
other companies, on terms satisfactory to Seeley, for the purpose of contributing to
the reconstruction of the 7th line of Oro. The Two Hundred Thousand ($200,000.00)
Dollar Letter of Credit deposited by Seeley pursuant to paragraph 4. can be applied to
any Letter of Credit required pursuant to the agreement as outlined in this paragraph.
6.
The Township agrees that if Seeley and the four other contractors enter
into such an agreement and put forth the letters of credit required therein for the
construction of the Seventh Line, then that agreement will prevail unless it is
terminated in accordance with its terms. In the event of such termination, this
agreement and the obligation of Seeley shall continue to be in full force and effect.
THIS AGREEMENT shall enure to the benefit of and be binding upon the
parties hereto, their respective successors and assigns.
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SIGNED, SEALED AND DELIVERED )
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THE CORPORATION OF THE TOWNSHIP
OF ORO
Per: ~ ;: f3o//:ft~
~e Rc>bffi.1: E. Drury
P~~
~ erk Darlene Shoebrid';;Je
SEELEY & ARNILL AGGREGATES
LIMITED
Per: o&~
Per:
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SCHEDULE "A"
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~esolut~~~o. la(~): April 29, 199~
Moved by Caldwell, Seconded by Johnson
It ~s recommended that the Corporation of the Township of oro
S\lPpOrtS Seeley and Arnill Li~ited, Licence Application under
~1e Aggregate Resources Act for a seventy-five (75) acre
parcel of property describeq as the East Half of Lot 10,
Concession 7, abutting a fifty-five (55) aCre licenced pit
described as the East Half of Lot 11, Conces.sion 7 provided
that the total of one million tonne licence limit is not
exceeded on the combined properties, sUbject to the following;
a) A continued commitment of .a minimum of $200 1000 from
'the applicant for the 7th Line Reconstruction;
b) No increase in the tonnage limit will be considered
until the 7th IJine is reconstructed to the sole
satisfaction of the Township of Ore.
I, Rober; U. ~ll, AdaJnl$trttor/Cterk for
tho Ccrporath)l\ ot tl1(1 TOWI1$hfp of oro hereby
cenlfy that thf~ it . true coPY Qf ~e<:~tf<X'l
Na. 18. pi'S1.ed by the Conmf'r:tCt: 01 tn, Whole en
~rH 29, 1991.
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