2002-063 To authorize the execution of Site Plan Agreement between Jess-Cor Holdings Inc. and Oro-Medonte
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2002-063
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
Between Jess-Cor Holdings Inc. and
The Corporation of the Township of Oro-Medonte,
described as lands as follows:
Parcel 21-14, Section 51-0ro-5, being Part 2,51 R-19930,
being all of PIN #58550-0132 (Lt), Township of Oro-Medonte
WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of
The Planning Act, R.S.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;
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, R.S.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 Schedule "A" and Appendix "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.
BY-LAW READ A FIRST AND SECOND TIME THIS 5th DAY OF JUNE, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5th DAY OF June, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Maypr,J. Neil Craig ~
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May, 2002
By-Law No. 2002-
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
JESS-COR HOLDINGS INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Parcel 21-14, Section 51-0ro-5
Being Part 2, 51 R-19930
Being all of PIN #58550-0132 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Section 1 Covenants by the Owner
Section 2 Covenants by the Township
Section 3 Covenants by the Owner and Township
Section 4 Development Restrictions
Section 5 Development Changes
Section 6 Security
Section 7 Compliance
e Section 8 Co-operation
Section 9 Binding Effect
Section 10 Severability of Clauses
Section 11 Save Harmless
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Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this IN day of
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
JESS-COR HOLDINGS INC.
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 Township and Jess-Cor Holdings Inc. have, pursuant to Section 41 of the
Planning Act, entered into a Site Plan Agreement regarding development on the subject
lands and additional lands described as Parcel 21-13, Plan 51-0ro-5, Part Lot 22,
Concession 5, Part 1 on Plan 51R-19930, being all of PIN #58550-0131 (Lt) (hereinafter
the "first Site Plan").
AND WHEREAS the Township has approved, pursuant to Section 41 of the Planning Act,
Site Plans regarding development, as described in Schedule "A" attached, for a 1,021 m2
addition to the existing shop and a 334 m2 office extension.
AND WHEREAS the Township intends for the within agreement to supersede the first
Site Plan, only insofar as it relates to the lands described in Schedule "A", which formal
approval and agreement shall otherwise remain in full force and effect.
AND WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a
1,021 m2 addition to the existing shop and a 334 m2 office extension 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
The Owner covenants and agrees as follows:
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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.
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.
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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 1,021 m2 addition to the
existing shop and a 334 m2 office extension 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. COVENANTS BY THE OWNER AND TOWNSHIP
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The parties agree that the within agreement and the Site Plan approval of the Township,
pursuant to Section 41 of the Planning Act given on May 6, 2002, shall supersede the
Site Plan approval, pursuant to Section 41 of the Planning Act, provided by the Township
on September 25, 2000 and the Site Plan Agreement dated October 11, 2000, insofar as
it affects the subject land only. In all other respects, the former Site Plan approval
continues to apply.
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4. DEVELOPMENT RESTRICTIONS
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:
a) Site Plan
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
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
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.
5. DEVELOPMENT CHANGES
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.
6. SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work"), the following securities:
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a) Cash in the amount of one hundred percent (100%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b)
An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with
the requirements of Schedule "E", with an automatic renewal clause in the amount
of one hundred percent (100%) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year or such time as the Township decides and shall
be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d)
Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and Security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty-one (21) day's
notice, its intent to draw down on the security or deposit.
7. COMPLIANCE
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.
8. 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.
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9. 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.
10. 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.
11. 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.
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 )
) Owner: Paul
) Have the Authority to Bind the
) Corporation
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J
)
)
)~
) Marilyn Pe
)
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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 Jess-Cor Holdings
Inc.
LEGAL DESCRIPTION OF LANDS
Parcel 21-14, Section 51-0ro-5, being Part 2, 51R-19930, being all of PIN #58550-0132
(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 Jess-Cor Holdings
Inc.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Prepared by Dearden and Stanton Ltd., Drawing #E-1113, revised May 6,2002.
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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 Jess-Cor Holdings
Inc.
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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NOTE:
SCHEDULE "D"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Jess-Cor Holdings
Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
AMOUNT
1. ITEMIZE CONSTRUCTION ESTIMATE
2.
Construction of berm and tree planting along
southerly limit of Plan 51 R-19930, Parts 1 and 2,
Township of Oro-Medonte.
$7,500.00
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 6 herein.
$1,680.00
Letter of Credit to be retained by the Township
to ensure completion of all works required,
under terms of agreement between Jess-Cor
Holdings Inc. and the Township of Oro-Medonte
dated October 11, 2000.
$5,820.00
$7,500.00
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May 09,2002
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HSBC m
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The Township of Oro Medonte
Oro Station, Ontario
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MAY 1 3 20m
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Dear Sirs:
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RE: STANDBY LETTER OF GUARANTEE NO. 172-02-002
1, We hereby issue in your favour our Standby Letter of Guarantee No, 172-02-002 in the amount of CAD
$7,500,00 (CANADIAN DOLLARS SEVEN THOUSAND FIVE HUNDRED) for the account of our
customer, Jess-Cor Holdings Inc (the "Customer") at Lot 22 Concession 5, Parts 1 and 2 on 51R19930
township of Oro Medonte,
This Standby Letter of Guarantee is in replacement of Standby Letter of Guarantee No. 172-01-
003 which is hereby cancelled,
This Standby Letter of Guarantee is available effective May 09, 2002 for drawing in part or in full until
its expiry against your presentation to us, at 33 Bayfield Street, Barrie, Ontario to the attention of the
Branch Manager, of:
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a. A Letter of Demand signed by an authorized signing officer of the Township ofOro Meoonte; and
b. This original Standby Letter of Guarantee No, 172-02-002 for endorsement or payment thereon,
4, It is understood that we are obligated under this Standby Letter of Guarantee to tie payment of monies
only and not the perfonnance of service or otherwise,
-=- Partial drawings are pennitted,
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v 6, We will honour drawings under this Standby Letter of Guarantee without enquiring whether he holder
hereof has a right as between it and the customer to make such drawings,
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7, This Standby Letter of Guarantee expires on May 09, 2003 at our counters, It is a condition of this
letter of credit that it shall be deemed to be automatically extended without amendment from year to
year from the present or any future expiration date hereof, unless, at least 30 days prior to the present
or any future expiration date, we notifY you in writing by registered mail, that we elect not to renewfor
any additional period,
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Yours truly,
HSBC Bank Canada
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JR. Dickie
Branch Manager
HSBC Bank Canada
33 Bayfield Street, P,O. Box 368, Barrie, Ontario L4M 4T5
Tel: (705) 726-6403 Fax: (705) 728-4530
~~~~~\J
Manager Customer Service
November 24, 2006
Jess-Cor Holdings Inc.
R. R. #1
SHANTY BAY, Ontario
LOL 2LO
ATTENTION: Mr. Paul Vanderqeest
Re: Amendment to Site Plan Approved June 5, 2002 - Parcel 21-14
Section 51-0RO-5, Being Part 2, 51 R-19930, Being all of
PIN #58550-0132 (Lt), Township of Oro-Medonte
Dear Mr. Vandergeest:
By way of this correspondence, the Township of Oro-Medonte is amending the Site
Plan Agreement dated June 5, 2002, Instrument #SC 30703, revised as per Drawing
No. E-1113 dated May 6, 2002, to allow the proposed 468 sq.m. coverall, as per
Drawing #E-1113 dated November, 2006.
Please sign this correspondence and return to the undersigned.
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J<-/ (/ ~A
Pal'll Vandergeest
Keith Mathieson, C.RS.1.
Director of Engineering and
Environmental Services
TOWNSHIP OF ORO-MEDONTE
JESS-COR HOLDINGS INC.
Date:
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Date:
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June 6, 2007
Jess-Cor Holdings Inc.
R. R. #1
SHANTY BAY, Ontario
LOL 2L0
ATTENTION: Mr. Paul Vanderaeest
Re: Amendment to Site Plan Approved June 5, 2002 -Parcel 21-14
Section 51-ORO-5, Being Part 2, 51R-19930, Being all of
PIN #58550-0132 (Lt) Township of Oro-Medonte
Dear Mr. Vandergeest:
By way of this correspondence, the Township of Oro-Medonte is amending the Site
Plan Agreement dated June 5, 2002, Instrument #SC 30703, revised as per Drawing
No. E-1113 dated May 6, 2002, to allow the proposed 847.3 sq.m. addition, as per
Drawing No. E-1684 dated May, 2007, revised June, 2007.
Please sign this correspondence and return to the undersigned.
t
Keith Mathieson, C.R.S.I.
Director of Engineering and
Environmental Services
TOWNSHIP OF ORO-MEDONTE
s___~
aul Va dergeest
JESS-COR HOLDINGS INC.
,•----~
Date: ~i~:.~t. ~v Q"j
Dates C7 ~~' ~- ~ /~-' 2