1996-013 Authorize the Executive of a Bite Plan Control Agreement
THE CORPORATION OF THE TOWNSHIP OF ORO-XEDONTE
site Plan Control
BY-LAW NO. 96- 13
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 for the Corporation of the Township
of Oro-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 Deputy 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.
READ a first and second time this 21st day of FEBRUARY
1996.
READ a third time and finally passed this 21st
, 1996.
day of FEBRUARY
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
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Mayor, Ian Beard
Deputy Clerk, Lynda Aiken
SCHEDULE "A"
Concession 2, Plan 1720, Part of Lot 17, Township of Oro-
Medonte (formerly Township of orillia), in the County of
Simcoe
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Form No. 985
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Document General
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Form 4 - Land Registration Reform Act, 1984
(1) Registry ~
(3) Property
I dentlfler( s)
Land Titles 0
(2) Page 1 of
pages
Block
Property
Additional:
See 0
Schedule
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(4) Nature of Document
Site Plan Agreement under Section 41 of the Planning Act.
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(5) Consideration
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(6) Description
All that being Registered Plan 1720, Part of Lot 17,
Reference Plan SIR 20701, Part 2 & 3, Township of Ora-
Medonte (formerly Township of Orillia), County of Simcoe.
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New Property Identifiers
Additional:
See
Schedule
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Executions
Additional:
See
Schedule
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
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(b) Schedule for:
Description 0
Additional
Parties 0 Other [X]
(8) This Document provides as follows:
Site Plan Agreement as attached.
"The Township of Orillia, South Division became The Township of Ora-Medonte by virtue of
the S.llncoe County Act, 1993."
Continued on Schedule 0
(9) This Document relates to Instrument number(s)
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(10) Party(ies) (Set out Status or Interest)
Name(s)
THE CORPORATION OF THE 'IaVNSHIP OF
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Date of Signature
Y M D
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Signature(s)
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ORO-MEOONTE, by its Clerk, Lynda Aiken
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Municipality
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I have the authori to bind the Co ration
(11) Address
for Service P. O. Box 100, Ora, ON LOL 2XO
(12) Party(ies) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M D
LAFLECHE ROOFING 1992 LID.
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..e.r......................................
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(13) Address
for Service
(14) Municipal Address of Property
Not Assigned
(15) Document Prepared by:
Lynda Aiken
Clerk, Twp. of Ora-Medonte
P. O. Box 100
Ora, ON LOL 2XO
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SCHEDULE "B"
SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 12th day of July,
1995 in accordance with Section 41 of the Planning Act.
BETWEEN:
LAFLECHE ROOFING 1992 LTD.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-XEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOND PART
WHEREAS the owner has applied to the Township of Oro-Medonte to
permit a Roofing business 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. COVENANTS 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.
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.
e)
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
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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 mortgagees)
registered against the title to the subject property
in favour of the Mortgagee.
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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 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) Liqhting
All lighting systems installed outside, such as
floodlights, shall be directed away from any
adjacent residential use and/or roadway.
c) Parkinq Areas and Drivewavs
All parking areas and driveways shall be
constructed, in conformity with section 5.14 of By-law
No. 1993-50, 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". The storage
pad located at the rear of the property is required by
by-law 1993-50, as amended, to be 1.5 metres from side
and rear property lines, and requires buffering either
in the form of a minimum 2 metre high board fence or
landscaping in the form of cedar trees minimum height
of 0.91 metres with 1.83 metres centres surrounding
the rear and sides of the storage pad.
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e) Garbaqe storage
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.
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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 post an irrevocable Letter of Credit issued by a
Chartered Bank with the Township of Oro being named as
beneficiary for the sum of FORTY FOUR THOUSAND SIX
HUNDRED AND SIXTY FIVE ($ 44,665.00) DOLLARS. The
Letter of Credit must contain the following phrase:
"It is a condition of this irrevocable Letter of
Credi t that it shall be deemed to be automatically
extended, without amendment for one year from the
present or any future expiration date." The Township
undertakes and agrees to release the Letter of Credit
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 Letter of Credit 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
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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.
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The Parties undertake and agree to co-operate with one
another with respect to the implementation of this
site Plan Control Agreement.
9.
BINDIHG 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.
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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.
IH WITHESS 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
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Peter, LaFleche
Lafleche Roofing 1992
Ltd.
(I have the ability to
bind the corporation)
corporation of the
Township of oro-Medonte
per: t
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Xayor, Xan Beard
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Deputy Clerk,Lynda Aiken
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APPENDIX "1"
LEGAL DESCRIPTION OF LANDS
Registered Plan 1720, Part of Lot 17, Reference Plan 51R 20701,
Part 2 and 3, Township of Oro-Medonte (formerly Township of
Orillia), 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 offices.