1999-092
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY -LAW NO. 99- 92
.
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
CONTROL AGREEMENT.
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, 1990, R.S.O. 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;
AND 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;
NOW THEREFORE the Council of 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 18th DAY OF AUGUST 1999.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 18th OF
AUGUST 1999.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYOR IAN BEARd
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SITE PLAN AGREEMENT
- between -
D.R. SERRA ENTERPRISES LTD.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Concession 2, Lot 14, Plan 1720, Lot 14, more
specifically RP 51R-3315, Parts 2 and 3
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Covenants by the Mortgagee
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Hannless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 18th day of August
accordance with Section 41 of the Planning Act.
,1999, in
BETWEEN:
D.R. Serra Enterprises Ltd.
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 Boat Storage
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:
3
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.
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.
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 $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) That there is presently n/a mortgage(s) registered against the title to the subject
property in favour of the Mortgagee.
-h) The OINner shall tile with the TO\'\'nship Solicitor, for his approval, a postponement of
Mortgagc/Docu mont:
i) 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 Boat Storage, 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.
4
3. COVENANTS BY THE MORTGAGEE
The mortgagee covenants and agrees as follows:
a) That registration of this Agreement against the title to the subject property shall be
made and the Mortgagee agrees to postpone its mortgage interest in the property to
this Agreement.
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) ParkinQ Areas and Driveways
All parking areas and driveways shall be
constructed, in conformity with Section 5.19 & 5:20 of By-law No. 97-95,
as amended, and the Ontario Building Code Regulations 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 StoraQe
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. Siltation Control Devises must be installed
before start of construction and be maintained by the
owner until construction is completed.
5
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
"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 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.
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.
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, R.S.O. 1980,
6
Chapter 302, as amended.
8. CO-OPERA TION
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.
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.
SIGNED, SEALED AND DELlVERE
) D.R. Serra (Owner)
)r have the authority to bind the
) Corporation
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
)
) Mayor, Ian Beard
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)
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective s
the hands of their proper officers duly authorized in that If.
7
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 D.R. Serra
Enterprises Ltd.
LEGAL DESCRIPTION OF LANDS
Lot 14, Compiled Plan 1720, Township of Oro-Medonte (formerly Township
of South Orillia), County of Simcoe, designated as Parts 2 and 3 on Plan
51R-331.5.
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SCHEDULE "B"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and D.R. Serra
Enterprises Ltd.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
9
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SCHED ULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and D.R. Serra
Enterprises Ltd.
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
10
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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
ITEMIZE ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
Stripping Top Soil
Placement of Gravel
Driveway Culvert
Total Construction Estimate
$47,500.
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.
$47,500.
11
-CrBC
SCHEDULE "E"
Trade Finance Centre
Place andlJa4~ 1?~9 et date demission
- '...,.,
5621348
Letter of Credit Reference No.
SBGT712764
Beneficiary:
The Corporation of the Township of
Oro-Medonte
P.O. Box 100
Ora, Ontario LOL 2XO
Applicant:
Ajax Textile Processing Company,
Limited
170 Commercial Avenue, P.O. Box 55
Ajax, Ontario L 1 S 3C2
Amount: CAD47,500.00
(Forty Seven Thousand Five Hundred
Canadian Dollars)
Date of Expiry: 10 August, 2000
We hereby authorize you to draw on Canadian Imperial Bank of Commerce, Trade Finance Centre,
Toronto, Ontario, for the account of Ajax Textile Processing Company, Limited, up to an aggregate
amount of CAD47,500.00 (forty seven thousand five hundred Canadian dollars), available on demand as
follows:
Pursuant to the request of our customer, the said Ajax Textile Processing Company, Limited, we,
Canadian Imperial Bank of Commerce, Trade Finance Centre, Toranto, hereby establish and give to you
an irrevocable standby letter of credit in your favour in the total amount of CAD47,500.00 which may be
drawn on by you at any time and from time to time upon written demand for payment made upon us by
you which demand we shall honoufcwithoutenquiring whether you have a right as between yourself and
our said customer to make such demand, and without recognizing any claim of our said customer.
Provided, however, that you are toda/iver to Canadian Imperia/Bank of Commerce, Trade Finance
Centre, 25 King Street West, Commerce Court North, 16th Floor, Toronto, Ontario M5L 1A2 at such time
as a written demand for payment is made upon us, this original standby letter of credit for our
endorsement of any payment thereon and a certificate purportedly signed by an authorized signing officer
of the Corporation of the Township of Oro-Medonte certifying that monies drawn under this standby letter
of credit are drawn pursuant to Schedule E of a Site Plan Agreement between D.R. Serra Enterprises Ltd.
and the Corporation of the Township of Oro-Medonte regarding Concession 2, Lot 14, Plan 51 R-3315,
sub-Lots 2 and 3.
The amount of this standby letter of credit shall be reduced fram time to time, as advised by notice in
writing, given to us purportedly by an authorized signing officer of the Corporation of the Township of Ora-
Medonte.
Partial drawings are permitted.
This standby letter of credit will expire at our counters at Trade Finance Centre, Toronto, Ontario on the
above-mentioned expiry date.
It is a condition of this standby letter of credit that it shall be deemed to be automatically extended,
without amendment, for one year fram the present or any future expiration date hereof, unless thirty (30)
day prior to any such date we notify you in writing by registered mail or courier that we elect not to
consider this standby letter of credit renewed for any such additional period.
The drawings under this standby letter of credit are to state that they are drawn under Canadian Imperial
Bank of Commerce, Trade Finance Centre, Toronto, Ontario standby letter of credit mentioning the
number and date.
Page 10f2
.
\L'lBC
5621 348
Trade Finance Centre
Place ancilcJa.u~ H~UD et date demission
This Page forms an integral part of our Letter of Credit No. SBGT712764.
We hereby agree that drawings under this standby letter of credit will be duly honoured upon presentation
provided that all terms and conditions of the standby letter of credit have been complied with.
This standby letter of credit is subject to the "Uniform Customs and Practice for Documentary Credits
(1993 Revision) International Chamber of Commerce, Publication no. 500",
For Canadian Imperial Bank of Commerce
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Coun er Signature
----=:::.::::::
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H.31 07
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Authorized Signature
Page 2 of 2
, . en'"
~-JIBC
2106C BIL-98/09
5621348
Trade Finance Centre
Place ~7J 8eptmJitbm-, iL"99~r dare d'emission
Letter of Credit Reference No.
SBGT712764
Amendment No.
AM0001
Beneficiary:
The Corporation of the Township of
Oro-Medonte
P.O. Box 100
Oro, Ontario LOL 2XO
Applicant:
Ajax Textile Processing Company,
Limited
170 Commercial Avenue, P.O. Box 55
Ajax, Ontario L 1 S 3C2
This letter of credit has been amended as follows:
1. Under paragraph 3, line 6, delete "Schedule E" and insert in its place "Schedule on.
All other terms and conditions of this credit remain unchanged.
This amendment is to be considered as part of the above credit and must be attached thereto.
For Canadian Imperial Bank of Commerce
H-31 07
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Counter ~ ,,/
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Authorized Signature
Page 1 of 1
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~ Province
of
Ontario
Document General
Form 4 -- Land Registration Reform Act
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Additional:
~dule D
Executions
Additional:
9:e
Schedule
(8) This Document provldeli ali foJlowli:
Site Plan Agreement attached.
(9) This Document relates to Instrument number(s)
(10) Party(leli) (Set out Status or Interelit)
Name(s)
THE CORPORATION OF THE TOWNSHIP
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(1) Regllitry ~
3) property
Identlfier(s)
Land Titleli D (2) page 1 of I
pages
Property
BlocK
Additional:
9:e
Schedule
4) Nature of Document
SITE PLAN AGREEMENT
5) Consideration
Nil------------------------~"an$ 00.00
(6) DBlicrlptlon
Lot 14, Compiled Plan 1720, Township of
Oro-Medonte (formerly Township of South
Orillia), County of Simcoe, designated
as Parts 2 and 3 on plan 51R-3315.
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(7) This
Document
Contains:
'(b) Schedule For:
(a) Redescription
New Easement
Plan/Sketch
Additional 0 r.:l
o Description 0 Parties Other I!J
Continued on Schedule 0
slgnature(s)
Date of signature
Y M D
. . . . . . . . - . . . ~ . - - - - . . . . . . . . ~ ~ . . . . . . * . . . - - . . . . . . . . . . . . # . . - . . . . . . . . . . . . . . . . .
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: . . . . . . . . . . . . . . ~ . . . . .
OF ORO-MEDONTE (Municipality), by
. . . . . . . . ~ . . . . . - . . . . . . . . . . * . . - . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . * - - . . . . . - -
its solicitor, RUSSELL, CHRISTIE, Per:
. . . . . . . . . . - . . . . . - . . . . . . . . . . . . . . . . .. . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . ~ ~
MILLER, KOUGHAN, WINNITOY William
:11) Address
for service P.O. Box 100 I
(12) Party(ies) (Set out Status or Interest)
Name(s)
Oro, Ontario, LOL 2XO
Slgnature(s)
D ate of Signature
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P....R.... .S.~.~M..E~'r.~.~PR;I;S.E.S.......................... ....
,.................................... ......................
.( Owne.r.).......... ........ ........................ ................
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. . . . . . . . . . . . . . . . ~ " . . . . ~ . . . . . " " . " ~ . . . . " . . . . " " " - . . . " " " ". ................
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..... ......
(13) Addresli
for service R.R. #1, Forest Home Industrial Park, Box 74, Orillia, Ontario
(14) Municipal Address of property (15) Document Prepared by: ;. Fees and Tax
...!
5 Registration Fee
Not Assigned
1 ExoerText Svstems Ltd. Form
WILLIAM S. KOUGHAN
RUSSELL, CHRI3T1E, MILLER, KOUGHAN
BARRISTERS & SOLICITORS
BOX 158,505 MEMORIAL AVENUe
ORILLlA, ONTARIO 13V 6J3
(705) 325.1326 FAX (705) 327-1811
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