2001-061 To Authorize the Execution of a Site Plan Control Agreement between ONTRAC Equipment Services Inc. and The Corporation of the Township of Oro-Medonte
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2001-61
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
Between ONTRAC Equipment Services Inc.
and The Corporation of the Township of Oro-Medonte,
described as lands as follows:
Parcel 21-16, Section 51-0ro-5, Being Part 1, 51R-20680
Parcel 21-29, Section 51-0ro-5, Being Part 5, 51 R-25391
Being All of PIN #'s 58550-0157 (Lt) and 58550-0160 (Lt)
Parcel 21-25, Section 51-0ro-5, Being Part 2, 51 R-25391
Parcel 21-26, Section 51-0ro-5, Being Part 3, 51 R-25391
Being All of PIN #'s 58550-0158 (Lt) and 58550-0161 (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;
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 "B", 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 "B" 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 20TH DAY OF JUNE, 2001.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE,
2001.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~/__ ~'A/
Mayor, Ian Beard/
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APPENDIX "8"
SITE PLAN AGREEMENT
- between -
ONTRAC EQUIPMENT SERVICES INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Parcel 21-16, Section 51-0ro-5, Being Part 1,51 R-20680
Parcel 21-29, Section 51-0ro-5, Being Part 5, 51 R-25391
Being All of PIN #'s 58550-0157 (Lt) and 58550-0160 (Lt)
Parcel 21-25, Section 51-0ro-5, Being Part 2, 51 R-25391
Parcel 21-26, Section 51-0ro-5, Being Part 3, 51 R-25391
Being All of PIN #'s 58550-0158 (Lt) and 58550-0161 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
May, 2001
By-Law No. 2001- 61
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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 Development Restrictions
Section 4 Development Changes
Section 5 Secu rity
Section 6 Compliance
Section 7 Co-operation
Section 8 Binding Effect
Section 9 Severability of Clauses
Section 10 Save Harmless
SCHEDULES
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
Schedule "E"
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 020 day of .~t0 e.
accordance with Section 41 of the Planning Act.
2001, in
BETWEEN:
ONTRAC EQUIPMENT SERVICES 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 Owner has applied to the Township of Oro-Medonte to permit a 668.9
sq.m. addition 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 "8";
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:
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.
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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 District Health Unit, Ministry of
Transportation and Nottawasaga Conservation Authority.
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 works "at the expense of the Owner" unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1,000.00. 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.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a 668.9 sq.m. addition
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.
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3. 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:
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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.
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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.
4. 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.
5. SECURITY
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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 "0" to this Agreement (the "said Work"), the following securities:
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
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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 "0" of this Agreement and will become the basis for the limits of
the securities.
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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 Owners' 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) days
notice, its intent to draw down on the security or deposit.
6. 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.
7 . 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.
8. 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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9. 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.
. 10. 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 )
) wner: Brad r ve
) ONTRAC EQUIPMENT
) SERVICES INC.
)
) Have the ability to bind the
) Corporation
)
)
) Owner:
)
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
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: J-- -1,~
) Mayor, Ian Bear
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)
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) Clerk, Maril
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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 Ontrac Equipment
Services Inc.
LEGAL DESCRIPTION OF LANDS
Parcel 21-16, Section 51-0ro-5, Being Part 1, 51R-20680
Parcel 21-29, Section 51-0ro-5, Being Part 5, 51R-25391
Being All of Pin #'s 58550-0157 (Lt) and 58550-0160 (Lt)
Parcel 21-25, Section 51-0ro-5, Being Part 2, 51R-25391
Parcel 21-26, Section 51-0ro-5, Being Part 3, 51R-25391
Being All of Pin #'s 58550-0158 (Lt) and 58550-0161 (Lt)
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SCHEDULE "8"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Ontrac Equipment
Services Inc.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Site Plan Drawing No. SG-1; 01 prepared by J. Foster Engineering Ltd. dated November 13,
2000; revised dated March 15, 2001 and Stormwater Management Study revised dated
March 15,2001.
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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 Ontrac Equipment
Services 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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SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Ontrac Equipment
Services Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
Stormwater Management Facility including swales,
gravel parking lot, landscaping and paved
parking area.
$20,000.00
2.
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.
$20,000.00
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ROYAL BANK
PAGE: 1
,-
INT'L TRADE CENTRE - ONTARIO
180 WELLINGTON ST W.,
9TH FLOOR,
TORONTCY; ONTARIO, M5J lJ1
CANADA
!\.TE OF ISSUE: NOVEMBER 3, 2000
OUR REFERENCE NUMBER:
P154170T07512
DATE OF EXPIRY: NOVEMBER 2, 2001
PLACE OF EXPIRY: TORONTO, ONTARIO
rnEFICIARY:
~ CORPORATION OF THE TOWNSHIP OF
to-MEOONTE
O. BOX 100
~, ONTARIO LOL 2XO
APPLICANT:
ONTRAC EQUIPMENT SERVICES INC.
1655 BRITANNIA RD. E.
MISS ISSAUGA, ONTARIO
L4W lS5
AMOUNT: CAD 20,000.00
TWENTY THOUSAND AND 00/100' S CANADIAN
DOLLARS
REVOCABLE STANDBY LETTER OF CREDIT NO. P154170T07512.
HEREBY AUTHORIZE YOU TO DRAW ON ROYAL BANK OF CANADA, INTERNATIONAL TRADE
lfl.'RE-ONTARIO, 180 WELLINGTON STREET WEST, TORONTO, ONTARIO, M5J lJl, FOR THE
:OUNT OF ONTRAC EQUIPMENT SERVICES INC., UP TO AN AGGREGATE AMOUNT OF TWENTY
)USAND AND OO/lOO'S, CANADIAN DOLLARS (CAD.20,000.00) AVAILABLE ON DEMAND.
~UANT TO THE REQUEST OF OUR CUSTOMER, THE SAID ONTRAC EQUIPMENT SERVICES
~., WE, ROYAL BANK OF CANADA, INTERNATIONAL TRADE CENTRE-ONTARIO, 180
~LINGTON STREET WEST, TORONTO, ONTARIO M5J lJl, HEREBY ESTABLISH AND GIVE YOU
IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOUR IN THE TOTAL AMOUNT OF
). 20,000.00 WHICH MAY BE DRAWN ON BY YOU AT ANY TIME AND FROM TIME TO TIME
)N WRITTEN DEMAND FOR PAYMENT MADE UPON US BY YOU WHICH DEMAND WE SHALL HONOUR
Pb I
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Q,RlGINAL
ROYAL. BANK
P154170T07512
PAGB:. 2
ITHOUT" ENQUIRING,,; W.tils"~'ms.te:- YOU- HA~' A RIGHT"" AS- BBTWBJDI": YOURSELF AND' OtlW SAID;
O'STOMER TO MARE SUCH" DEMAND, AND WITHOUT RECOGNIZING - ANY CLAIM OF OUR: SAID
:t~O::~7'LJn:::;;;~AtmlDRZZElTSIGNINlTOm"~'OF'
m CORPORATION- OF- THE TOWNSHIP OF ORO-MEDONTE. THE ORIGINAL LETTER OF CREDIT
1ST BE PRESENTED' TO US '.AT' ROYAL BAN'IC', OF CANADA., INTERNATIONAL, TRADE:;
mTRE-ONTARIO, 180' WELLINGTON' STREE'1"" WEST~ TORONTO, ONTARIO M5J 1J1. THE- LBr~'JSr
~ CREDIT, WE UNDERSTAND, RELATES TO SUBDIVISION AGREEMENT BETWEEN OUR SAID
1STOMER AND THE CORPORATION OF THE TOWNSHIP OF ORO-MBOONTE ON CONCESSION 5, LO'!
L IN THE TOWHSHIP OF' ORO-MBOONTE.
lE AMOUNT OF THIS STANDBY LETTER OF CREDIT MAY BE REDUCED FROM TIME TO TIME AS
)VISED BY NOTICE IN WRITING, GIVEN TO US BY AN AUTHORIZED SIGNING OFFICER OF
lE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE.
~TIAL DRAWINGS ARE, PERMITTED. WE HEREBY AGREE THAT PARTIAL DRAWINGS UNDER THIS
~TTER OF CREDIT WILL BE DULY HONOURED UPON DEMAND.
[IS LETTER OF CREDIT WILL CONTINUE IN FORCE FOR A PERIOD OF ONE YEAR UPTO
.VEMBER 2, 2001.
:CEPT AS OTHERWISE EXPRESSLY STATED THIS CREDIT IS ISSUED SUBJECT TO UNIFORM
rsTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), ICC PUBLICATION
I. 500.
: ENGAGE TO HONOUR PRESENTATIONS SUBMITTED WITHIN THE TERMS AND CONDITIONS
DICATED ABOVE.
J. FIGUEREDO
m_~i__t;__ti~_
OTHER SIGNATURE
A
SIGNATURE
THIS DOCUMENT CONSISTS OF 2 PAGE(S).
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