2002-112 To Authorize the Execution of a Site Plan Control Agreement between the Corporation of the Township of Oro-Medonte, and Travel-Rite Property Corp.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2002-112
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Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and Travel-Rite Property Corp.
described as lands as follows:
pt. Road Allowance between Lots A & 11, Concession 2,
as closed by By-law Oro 18994,
pt. Lot 11, Conc 2, E.P.R. as Inst. 1218638 (Township of Oro)
being all of PIN #58544-0632(Lt)
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, RS.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
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AND WHEREAS By-Law No. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, RS.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto, as
Appendix "A", on lands described on the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedule "A" shall form part of this By-Law;
4. THAT this_ By-Law shall come into force and take effect upon being enacted by
Council.
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By-law read a first and second time this 6th day of November, 2002.
By-law read a third time and finally passed this 6th day of November, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~<~~
Mayor. ;J. Neil Craig
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By-law No.2002-112
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
TRAVEL-RITE PROPERTY CORP.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
pt. Road Allowance between Lots A and 11, Concession 2,
As Closed by By-law Oro 18994, pt. Lot 11, Concession 2, E.P.R.
As in 1218638 (Township of Oro)
Being all of PIN #58544-0032 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
October, 2002
By-Law No. 2002- / I
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THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
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TABLE OF CONTENTS
Section 1 Covenants by the Owner
Section 2 Covenants by the Township
Section 3 Development Restrictions
Section 4 Development Changes
Section 5 Compliance
Section 6 Co-operation
Section 7 Binding Effect
41 Section 8 Severability of Clauses
Section 9 Save Harmless
SCHEDULES
Schedule "A"
Schedule "B"
Schedule "C"
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
2002, in
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BETWEEN:
TRAVEL-RITE PROPERTY CORP.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 90' x 40'
storage shed on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree as
follows:
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1. COVENANTS BY THE OWNER
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The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b) This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe, Ministry of Transportation, and
the Nottawasaga Valley Conservation Authority.
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e)
The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of performance of all
the Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$200.00. The Owner shall replenish the refundable deposit, to its full amount,
when the expenses and actual costs are submitted by the Township.
g)
The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owner's Solicitor that the Transfer/Deeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
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2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a 90' x 40' storage shed
described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan attached
hereto as Schedule "B", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTIONS
tit The Parties hereto acknowledge and agree that any use of the subject lands by the
Owner shall be on and subject to the following terms and conditions:
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a)
Site Plan
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The use and development of the subject lands shall be
in accordance with and as set out on the Site Plan,
attached hereto as Schedule "B".
b)
Lighting
All lighting systems installed outside, such as floodlights, shall be
directed away from any adjacent residential use and/or roadway, not
to cause interference in any way.
c)
Parking Areas and Driveways
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All parking areas and driveways shall be constructed, in conformity
with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and
the Ontario Building Code Regulation #419/86, and such parking
areas, loading and access areas shall be kept free and clear of snow
and ice and kept adequately drained. All entrances shall be
constructed, as in Schedule "B", attached. The Owner agrees to
obtain all necessary approvals from the Ministry of Transportation,
County of Simcoe and Township of Oro-Medonte.
d)
Outside Storage
No outside storage shall be permitted between any buildings on the
premises and any street. Any other outside storage shall be
contained in the fenced compound, as identified on Schedule "B".
e) Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and
waste, as shown on the Site Plan, and to install and maintain litter
containers in and around development on the lands. All metal scrap
and associated refuse contained in the fenced compound shall be
removed on a weekly basis.
f)
Landscaping
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The Owner shall complete all landscaping and landscaped areas
shown on the Site Plan, attached as Schedule "B", as soon as
weather permits, and all grading and sodding required, according to
any Engineering drawings submitted, shall be done on all lawn
areas.
g)
Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion
and sedimentation of ditches and culverts, slopes, etc., within the
Site Plan, and downstream prior to and during construction. The
Owner agrees to maintain all erosion and siltation control devices in
good repair until vegetative cover has been successfully established.
4. DEVELOPMENT CHANGES
e The parties acknowledge and agree that there shall be no changes to this Agreement or
the Schedules attached hereto, unless and until such changes have been approved, in
writing, by all Parties.
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5. COMPLIANCE
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Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in
addition to and without prejudice to any security or other guarantee given on behalf of the
Owner for the performance of its covenants and agreements herein, and upon default on
the part of the Owner hereunder, the Township shall, in addition to any other remedy
available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act,
RS.O. 1980, Chapter 302, as amended.
6. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such further and
other documents, consents or applications, as required, for the purpose of securing
registration and giving effect to the provisions of this Agreement.
7. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto, and upon the lands described in Schedule "A",
attached hereto, such Schedule being a legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved and registered on title.
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8. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
9. SAVE HARMLESS
The Owner, 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 or sub-contractors in order to complete the work
or services required to be completed under this Agreement, 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 or agents or sub-contractors.
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IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ~
)TRA VEL-RITE PROPERTY CORP.
)
) David McKee
) Has the Authority to Bind the Corporation
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
) J.
) ,
)
) Marilyn P
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SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Travel-Rite
Property Corp.
LEGAL DESCRIPTION OF LANDS
pt. Road Allowance between Lots A and 11, Concession 2, as closed by By-law Oro
18994, pt. Lot 11, Concession 2, E.P.R., as in 1218638 (Township of Oro), being all of
PIN #58544-0032 (Lt).
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NOTE:
SITE PLAN
SCHEDULE "8"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Travel-Rite
Property Corp.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
As revised dated October 7,2002.
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SCHEDULE"C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Travel-Rite
Property Corp.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lot or Block Number inserted in the description of the document, and the
registered Plan Number shall be left blank, to be inserted by the Solicitors for the
parties after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owner.
All documents to be registered, shall be prior approved by the Solicitor for the
Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
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