1996-115
I~,
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Site Plan Control
BY-LAW NO. 96- 115
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement
WH REAS By-Law No. 94-149, a By-Law to Designate Parts of the
To nship as Site Plan Control Areas was passed by Council for
th Township of Oro-Medonte pursuant to the provisions of the
PI ning Act, 1990, R.S.O. c. P. 13 as amended;
AN WHEREAS the lands referred to in this By-Law are subject
to Site Plan Control pursuant to By-Law No. 94-149;
AN WHEREAS authority to enter into Site Plan Control
Ag ements is provided for in Section 41 of The Planning Act,
R'~'O' 1990 c. P. 13, as amended and Council deems it
ne. ssary to enter into a Site Plan Control Agreement on the
la s described herein;
NO~ THEREFORE the Council for the Corporation of the Township
of ro-Medonte hereby enact as follows:
1, That the Township enter into the Site Plan Control
Agreement attached hereto as Schedule "B" on lands
described on the attached Schedule "A";
2. That the Mayor and Clerk be authorized to execute
the Site Plan Control Agreement on behalf of the
Corporation of the Township of Oro-Medonte;
3. That the attached Schedules "A" and "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.
RE a first and second time this 20th day of
November ,1996.
RE
a third time and finally passed this 20th
, 1996.
day of
November
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Mayor, Ian Beard
Clerk, Lynda Aiken
, {
.
SCHEDULE "A"
Concession IO, Part of Lot 10, Reference Plan 51R-12027,
Part 1, Township of Oro-Medonte (formerly Township of
Oro), County of Simcoe
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PLAN OF SURVEY
C;; OF PART OF
It, ff) ~ LOT 10, CONCESSION 10
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~~ (I) ~o ROAD ALLOW AN C E
,J?: It) BETWEEN CONCESSIONS 10 B II
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" o;l~ " TOWNSHIP OF ORO
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l'CI", ~ ,- COUNTY OF SIMCOE
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If) ROONEy C. RAIKES SURVEyiNG L TO, 1990
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SURVEYOR'S CER TlnCA TE
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CERTIFY THII T.
THIS SURVEY IIND PLIIN liRE CORRECT IIND IN ACCORDANCE
\'11TH THE SURvns ACT AND THE REGISTRY ACT AND THE
REGUL II TlONS MIIDE THEREUNDER.
2. THE SURVEY WAS COMPLE TEO ON 'THE 241h OA'1 OF MAY. t9'9t)
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ONTARIO LAND SVRVEYO~
DATEI MAY 29,1990
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BEARINGS liRE ASTRONOMIC IIND ARE RHERRED TO THE
NORTH'WESTERLY liMIT OF LOT 10, CONCESSION 10,
SHOWN AS N59-20'IO"E ON PLAN 5IR-12027.
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. DENOTES SURVEY MONUMENT FOUND
o SURVEY MONUMENT PLANTED
SIB STIINDIIRD IROH BAR
IB IRON BAR
551B SHORT STANDARO IRON BAR
o ROUND
1390 P KITCHEN 0 L S
D 8 S DEARDEN 8 STANTON LTC D.L S
1035 R WELSMAN O. L S
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DISTANCES SHOWN ON THIS PLA.N ARE IN Me TRES AHO
CAN BE CONVERTED TO "EET BV DIVIDING BY OJ048.
RODNEY C, RAIKES
SURVEYING L TO,
25 BERCZY STREET
BOX 1150 BARRIE/ONTARIO 728-8863
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PROJECT NO, 40'
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
1996 in accordance with Section 41 of the Planning Act.
BETWEEN:
DOROTHY & MIRE PIDWERBECRI
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 Bed and Breakfast Establishment on lands described in
Appendix "1" 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 ~~~
with the site Plan attached as "Appendix 2" attached hereto;
NOW THEREFORE This Agreement Witnesseth THAT in consideration of
the mutual covenants hereinafter contained, the parties hereto
hereby covenant and agree as follows:
1. COVENAN'l'S BY THE OWNER
The owner covenants and agrees as follows:
a) The owner owns the subject lands described in
Appendix "1" attached hereto.
b) This Agreement may be registered against title to this
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 the Agreement.
d) The owner shall 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 the
Agreement, pay all Municipal taxes and charges
related to obtaining the approval of these lands for
the intended use.
.
f)
The owner shall pay such reasonable costs as may be
involved to the Township in having its Solicitor,
Engineer, and Planner 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.
g)
That there is presently no mortgage(s)
registered against the title' to the subject property
in favour of the Mortgagee.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit the
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 Appendix "2", sUbject
to the development restrictions contained herein.
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 Appendix "2".
b) Liqhtinq
All lighting systems installed outside, such as
floodlights, shall be directed away from any
adjacent residential use and/or roadway.
c)
-
Parkinq Areas and Driveways
All parking areas and driveways shall be
constructed, in conformity with section 5.28 of By-law
No. 1031, 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 Appendix "2" attached. The
owner agrees to obtain all necessary approvals from
the Ministry of Transportation.
d) Outside Storaqe
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 Appendix "2".
e) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for
garbage and waste 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
Appendix "2" 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 Appendices
attached hereto unless and until such changes have
been approved in writing by all Parties.
6. SECURITY
As evidence of the good faith of the Owner and as
security for the performance by the Owner of its
obligations hereunder, the Owner undertakes and agrees
to deposit with the Township of Oro-Medonte the sum of
ONE HUNDRED ($ 100.00) DOLLARS. The Township
undertakes and agrees to release the Deposit three (3)
years from the date of registration of this Agreement,
provided that there have been no violations by the
Owner of any of the Substantive terms of this
Agreement. This does not prohibit the Township from
releasing the Deposit after the expiration date of one
(1) year from the date of the agreement providing
Council is satisfied that the terms of the agreement
have been satisfied.
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, Chapter 302,
as amended.
8.
CO-OPERATION
~
The Parties consent to the registration of this
Agreement by the Township upon the title of the
subject lands at the expense of the Owner and agree
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.
The Parties undertake and agree to co-operate with one
another with respect to the implementation of this
Site Plan Control 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
Appendix "1" attached hereto, such Appendix 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.
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
) ~~f~ e~
) Owner, Drothy P1dwerb~ck1
! t tvWLL.
) r, Mi e Pidwerbecki
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
)
)
) Mayor,
)
) ~ /;1,.1
) ~.H~~
) Clerk, Lynda Aiken
)
)
.
.
APPENDIX "1"
LEGAL DESCRIPTION OF LANDS
Concession 10, Part of Lot 10, Reference Plan 51R-12027, Part 1,
Township of Oro-Medonte (formerly Township of Oro), County of
Simcoe
.
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APPENDIX "2"
TO THE SITE PLAN AGREEMENT
site Plan is not in a registerable form and is available from the
Township of Oro-Medonte offices.
('-.I
~i1 :;ovince
~ Ontano
pages
\.;-U, \..IMIIt:.V
Form No. 985
Document General
Form 4 - Land Registration Reform Act, 1984
o
(1) Registry lliJ
(3) Property
I dentlfier( s)
Additional:
See 0
Schedule
,; ';i
Land Titles
7
Block
Property
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(4) Nature of Document
Site Plan Agreanent Under Section 41 ( 10) of the Planning Act
C''')
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(5) Consideration
en
..--I
N/A
(6) Description
",1
Dollars $
All that part of Concession 10, Part of Lot 10,
Refe..rence Plan 51R-12027, Part 1, TCJ\rVJ1ship of
Oro-Medonte (formerly TCJ\rVJ1ship of Oro), County
of Simcoe
New Property Identifiers
Executions
Additional:
See
Schedule
Additional:
See
Schedule
(7) This
Document
Contains:
o
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
Description 0
Additional
Parties 0 Other ~
o
(8) This Document provides as follows:
Site Plan Agreanent as attached.
(9) This Document relates to instrument number(s)
Continued on Schedule 0
(10) Party(ies) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M 0
. . THE O)REQFAT.ICtJ pr.~. ~. QI:' 9~( . , . , ,
/J '
,4d{~ ,ilL.......,...
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, ,
1996 ! 12! 16
. . . . . I. . ... . .
, ,
. . , , . : . . ,!. , ,
, ,
, .
. ,
, ,
, ,
, . . '1' .
, ,
, ,
, .
, .
, ,
, ,
, . . . by its .clerk.. Ly.r:tia.Aiken . . . . . . . . . . . . . . . , . . . , . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . ~.i<?~~a~~~y' . . . . . .
. . . . . . . . . . . . . . . . . . . .
. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to bind the Corporation
I have the authorit
(11) Address
for Service
P.O. Box 100, Oro,
(12) Party(ies) (Set out Status or Interest)
Name(s)
Ontario LOL 2XO
Signature(s)
Date of Signature
Y M 0
, . . . IX>l;othy .and .Mike Pidwerbeck.i.
. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
r.....................................
(13) Address
for Service
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees and Tax
Not Assigned
Lynda Aiken
Clerk, TCJ\rVJ1ship of Oro-Medonte
P.O. Box 100
Oro, ON LOL 2XO
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this ,2.g"'it-l day of ODo/3fR...,
1995 in accordance with Section 41 of the Planning Act.
BETWEEN:
DOROTHY & MIKE PIDWERBECKI
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 Bed and Breakfast Establishment on lands described in
Appendix "I" 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 ~~~
with the Site Plan attached as "Appendix 2" attached hereto;
NOW THEREFORE This Agreement Witnesseth THAT in consideration of
the mutual covenants hereinafter contained, the parties hereto
hereby covenant and agree as follows:
1. COVENANTS BY THE OWNER
The owner covenants and agrees as follows:
a)
The owner owns the subject lands described in
Appendix "1" attached hereto.
This Agreement may be registered against title to this
subject lands and shall take priority over any
subsequent registrations against the title to the
subject lands.
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 the Agreement.
The owner shall 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.
The Owner shall, prior to the execution of the
Agreement, pay all Municipal taxes and charges
related to obtaining the approval of these lands for
the intended use.
b)
c)
d)
e)
e
3
f)
The owner shall pay such reasonable costs as may be
involved to the Township in having its Solicitor,
Engineer, and Planner 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.
g)
That there is presently no mortgage(s)
registered against the title to the subject property
in favour of the Mortgagee.
2 . COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit the
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 Appendix /12/1, subject
to the development restrictions contained herein.
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 Appendix /l2/t.
b) Liqhtinq
All lighting systems installed outside, such as
floodlights, shall be directed away from any
adjacent residential use and/or roadway.
c)
-
parkina Areas and Drivewavs
All parking areas and driveways shall be
constructed, in conformity with Section 5.28 of By-law
No. 1031, 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 Appendix /l2/t attached. The
owner agrees to obtain all necessary approvals from
the Ministry of Transportation.
d) Outside storaqe
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 Appendix /t2".
1
e) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for
garbage and waste 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)
Landscapinq
The Owner shall complete all landscaping and
landscaped areas shown on the Site Plan, attached as
Appendix "2" as soon as weather permits and all
grading and sodding required according to any
Engineering drawings submitted, shall be done on all
lawn areas.
e
5. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be
no changes to this Agreement or the Appendices
attached hereto unless and until such changes have
been approved in writing by all Parties.
6. SECURITY
As evidence of the good faith of the Owner and as
security for the performance by the Owner of its
obligations hereunder, the Owner undertakes and agrees
to deposit with the Township of Oro-Medonte the sum of
ONE HUNDRED ($ 100.00) DOLLARS. The Township
undertakes and agrees to release the Deposit three (3)
years from the date of registration of this Agreement,
provided that there have been no violations by the
Owner of any of the Substantive terms of this
Agreement. This does not prohibit the Township from
releasing the Deposit after the expiration date of one
(1) year from the date of the agreement providing
Council is satisfied that the terms of the agreement
have been satisfied.
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, Chapter 302,
as amended.
8.
CO-OPERATION
~
The Parties consent to the registration of this
Agreement by the Township upon the title of the
subject lands at the expense of the Owner and agree
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.
The Parties undertake and agree to co-operate with one
another with respect to the implementation of this
Site Plan Control Agreement.
e
-
9.
BINDING EFFECT
-
5
This Agreement and everything contained herein shall
be binding upon the successors and assigns of the
Parties hereto and upon the lands described in
Appendix "1" attached hereto, such Appendix 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.
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
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
The Corporation of the
Township of Oro-Medonte
per:
~~~ - /ltJ~1
Mayor, Ian Beard
I
-Z:::~L /iLL
Clerk, Lynda Aiken
e
e
to
APPENDIX "1"
LEGAL DESCRIPTION OF LANDS
Concession 10, Part of Lot 10, Reference Plan 51R-12027, Part 1,
Township of Oro-Medonte (formerly Township of Oro), County of
Simcoe
.
e
-
7
APPENDIX "2"
TO THE SITE PLAN AGREEMENT
Site Plan is not in a registerable form and is available from the
Township of Oro-Medonte offices.