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1995-081 To authorize the Execution of a Site Plan Control Agreement for Concession 5, Part of Lot 20 former Township of Oro jÍ . . II THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE - , II ~ II , I site Plan Control By-law No. 95 -81 Being a By-law to Authorize the Execution of a site Plan Control Agreement for concession 5, Part of Lot 20 former Township of Oro 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; 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, 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 Clerk be authorized to execute the site Plan Control Agreement on behalf of the corporation of the Township of Oro; II !I !! I! II II il :1 il i! II il I -.. Ii II II I' I II II 3. That the attached Schedule "A" and Appendices "1" and "2" shall form part of this By-law; and, That this By-law shall come into force and take effect upon being enacted by Council. 4. READ a first and second time this 20th day of September , 1995. READ a third time and finally passed this 20th , 1995. day of September THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Ian Beard, Mayor Darlene Shoebridge, Clerk I 11 . II il II II II II ., Schedule "A" Part of Parcels 21-2 and 21-3 section 51-0ro-5r being Part of Lot 21r Concession 5r being designated as Parts 2 and 3 on Reference Plan 51R-25391, Township of Oro-Medonte (formerly Township of Oro)r County of Simcoe .- :i . . SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of , 1995 in accordance with Section 41 of the Planning Act R.S.O. 1990 c. P. 13 BET WEE N : CLARK & CLARK ENTERPRISES INC. ~X11mX~X~~ Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- TRUCK AND TRACTOR (1994) LTD. Hereinafter called the "Tenant" PARTY OF THE SECOND PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE THIRD PART WHEREAS the owner has applied to the Township of Oro-Medonte to permit a Equipment Sales and Service 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. . 8 2. 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, Engineerr and Planner perform any work in connection with this Agreement, including the preparationr 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 mortgagees) registered against the title to the subject property in favour of the Mortgagee. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the use of the subject property as an equipment sales and repair facility as described on the site Plan. 3. 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. 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) b) c) d) 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". Liqhtinq All lighting systems installed outside, such as floodlightsr shall be directed away from any adjacent residential use and/or roadway. 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 adeal1"tte1v drained. All entran....~s ",naIl be constrúcted as in -Appendix "2" attached. The owner agrees to obtain all necessdL'ÿ û.pprovals from the Ministry of Transportation. outside Storaae 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" with the exception of complete machines and attachments. . 8. 8 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. 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 hereunderr 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 NINETEEN THOUSAND AND FOUR HUNDRED ($ 19,400.00) DOLLARS. The Letter of Credit must contain the following phrase: "It is a condition of this irrevocable Letter of Credit 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 Agreementr 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 326 of the Municipal Act, R.S.O. 1990, c. M. 45, as amended. 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 documentsr 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. 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 heretor 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 Sectionr Subsection, Clause', Paragraph or provision of this Agreement be declared by a Court of competent jurisdiction to be invalidr 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 . tf(4tí/~ -- " Own r, Clark & C Enterprises c. (J.H. Clark ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ¡ ¡{} A ¿i~~.;d.~/ ) ~C1erk,Dar1ene Shoebridge ) ) Tenant,G,C1ark I have the ability to bind the Company The Corporation of the Township of Oro-Medonte per: . . APPENDIX "1" LEGAL DESCRIPTION OF LANDS Part of Parcels 21-2 and 21-3 Section 51-0ro-5, being Part of Lot 21, Concession 5, being designated as Parts 2 and 3 on Reference Plan 51R-25391, Township of Oro-Medonte (formerly Township of Oro) , County of Simcoe . . 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. u'" uuonOM co COM"," eO'" No '"' ~iÆ ~;O'inc' "..,.. Onta"o Document General 0 Form 4 - Land Registration Reform Act 1984 (1) Reglltry 0 (3) Property tdentlfler(s) Lend Titles [X] (2) Page 1 of 7 pages Block Property Additionat' ~~~edUle 0 co C'-- ::)'- ocr ' Ic:." co CO N (4) Nature of Documenl Notice of Site Plan Agreement under Section 41(10) of the Planning Act (5) Conllderatlon >- -' z 0 w ~I w () ¡¡: u. 0 a: 0 u. n/a (6) Description Dollars $ Parcels 21-25 and 21-26 Section 51-0ra-5, being Part of Lot 21, Concession 5r Parts 2 and 3, Reference Plan 51R-25391r Township of Ora-Medonte ( fonnerl y Township of Ora), County of Simcoe New Property Identifiers Additional. ~~~.dUle 0 Executions Additional See Schedule (7) Thlt Document 0 Contains: la) Redescription New Easement Plan/Sketch i (b) Schedule for: Additional 0 ¡ Description 0 Perties 0 Other IKI (8) This Document provides as follows: Notice - Section 71, Land Titles Act We The Township of Ora-Medonte have an unregistered estate, right, interest or equity in: 1) The land Registered in the names of Clark & Clark Enterprises Inc. in respect of the land registered as Box 6 above and hereby apply under Section 71 of the Land Titles Act for the entry of Notice of Site Plan Agreement in the register for the said parcel. Continued on Schedule 0 (9) This Document reletes to instrument numbe"s) 110) Party(les) (Set out Status or Interest) i Namels) i1;1jE ,CORpoRATION ()F THE, TCmN,SHIP, Signaturels) DeJe of Signature Y M 0 . !10¡3l QF ,QRQ-:I1E.I:JQNTE" by its, Clerk" Darlene, ShC?E;'brÜige , I'Mun:i,C;:i,pgJ,:i,1;Y , ' , , , , , ' , , , , , , , , I hiWP. thp. authority to bind (11) Address lor Service P.O. Box 100 Ora (12) Party(les) (Set out Status or Interest) Namels) the Corooration. CN LOL 2X0 Signature(s) Date of Signature Y M 0 , CLAEK ,& ,CLARK ,ENTERPRISES, rNç., .er. (13) Address lor Service Lynda Aiken Deputy Clerk, P.O. Box 100 Ora, CN LOL 2X0 ~I Twp. of Oro-Medonte ~ ::Ji l'5! u.., u.. 0 a: ~I Fees and Tax (14) Municipal Address of Property (1S) Document Prepared by: Not Assigned Registration Fee Total . . SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of , 1995 in accordance with section 41 of the Planning Act R.S.O. 1990 c. P. 13 BET WEE N : CLARK & CLARK ENTERPRISES INC. X'Jm:D:'O:IK JIlI:NJX ~ x~ ~ Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- TRUCK AND TRACTOR (1994) LTD. Hereinafter called the "Tenant" PARTY OF THE SECOND PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE THIRD PART WHEREAS the owner has applied to the Township of Oro-Medonte to permit a Equipment Sales and Service 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. 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. b) 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. 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. d) . . 2. 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, Engineerr 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 mortgagees) registered against the title to the subject property in favour of the Mortgagee. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit the use of the subject property as an equipment sales and repair facility as 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. 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) b) c) d) 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". Liqhtinq All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway. ParkinG 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 areasr loading and access areas shall be kept free and clear of snow and ice ~nd keut ade~uatelv drai~ed. All en~r~n~~s shall be constructed as in Appendix "2" attached. The owner agrees to obtain all necessary approvdl~ from the Ministry of Transportation. 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 Appendix "2" with the exception of complete machines and attachments. . 8. . 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. 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 NINETEEN THOUSAND AND FOUR HUNDRED ($ 19,400.00) DOLLARS. The Letter of Credit must contain the following phrase: "It is a condition of this irrevocable Letter of Credit that it shall be deemed to be automatically extendedr 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 hereunderr the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of section 326 of the Municipal Act, R.S.O. 1990, c. M. 45r as amended. 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. . . ! , 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 ~¿~' Owner, Clark & Clark Enterprises (J.H. Clark) Tenant,G~ Clark I have the ability to bind the Company The corporation of the Township of Oro-Medonte per: . . , ¡ APPENDIX "1" LEGAL DESCRIPTION OF LANDS Parcels 21-25 and 21-26 section 51-0ro-5, being Part of Lot 21, Concession 5r being designated as Parts 2 and 3 on Reference Plan 51R-25391, Township of Oro-Medonte (formerly Township of Oro) , County of Simcoe ~ ' . . 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.