1995-029 To Authorize the Execution of a Site Plan Control Agreement
!i
ii
;1
ii
ii
I'
Ii
i:
II
::
II
II
II
II
t. REAS By-Law No. 94-149, a By-Law to Designate Parts of the
,ownship as Site Plan Control Areas was passed by Council for
!he Township of Oro-Medonte pursuant to the provisions of the
~lanning Act, 1990, R.S.O. c. P. l3 as amended;
II
~ WHEREAS the lands referred to in this By-Law are subject
t:IO Site Plan Control pursuant to By-Law No. 94-l49;
I WHEREAS authority to enter into Site Plan Control
:greements is provided for in Section 41 of The Planning Act,
~'S.O. 1990 c. P. l3, as amended and Council deems it
ecessary to enter into a Site Plan Control Agreement on the
,ands described herein;
,OW THEREFORE the Council for the Corporation of the Township
~f Oro-Medonte hereby enact as follows:
I
II
I
il
l!
II
II
"
Ii
Ii
II
I'
"
II
I'
,I
Ii
$AD a first
"
"
II March
II
II .
:aiEAD a th~rd
"
II March
II
Ii
Ii
II
"
"
,I
II
Ii
Ii
Ii
"
il
"
!!
II
ji
11
Ii
'I
il
II
Ii
"
II
Ii
"
"
II
II
II
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Site Plan Control
BY-LAW NO. 95-29
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement
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.
and second time this 1st
, 1995.
day of
time and finally passed this 1st
, 1995.
day of
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
lcke>- .IS 1"'//
Mayor, Ian Beard
/(1) /I if!'" ./'./
t1
Clerk,
(~V />? /)1'("
,/ (/
Darlene Shoebridge
SCHEDULE "A"
Concession lO, Plan 902, Part of Block X, Township of
Oro-Medonte (formerly Township of Oro), County of Simcoe
-
.
'11,
SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 6th day of January,
1995 in accordance with Section 41 of the Planning Act R.S.O. 1990
c. P. 13.
BETWEEN:
Pearl and Norman Guthrie
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
-and-
Toronto Dominion Bank
Herej,nafter called the "Mortgagee"
PARTY OF THE THIRD PART
WHEREAS the owner has applied to the Township of Oro-Medonte to
permit a bed and breakfast establishment on the 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 accordance
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 "l" 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 one mortgage
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 bed
and breakfast establishment as described on the Site Plan
attached hereto as Appendix "2".
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 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) Liahtina
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. l03l, for the former Township of Oro, as amended and
the Ontario Building Code Regulations 4l9/86,as amended,
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 County of Simcoe Engineering
Department, if required.
d)
Outside Storaae
No outside storage shall be permitted between any
buildings on the premises and any street.
Garbaae 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.
.
e)
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 or Certified Cheque
issued by a Chartered Bank with the Township of Oro-
Medonte being named as beneficiary for the sum of ONE
HUNDRED ($ 100.00) 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 or return the funds 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
or return the funds 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
.
9.
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.
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.
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.
-
IN WITNESS WHEREOF, the Parties hereunto have affixed their
respective seals under the hands of their proper officers
duly authorized in that behalf. ~b > ~
SIGNED, SEALED AND DELIVERED) , ~
) orman Guthrie, Owner
) .."...~
) ~A-a ~;::~,.,
)) !Pearl(Guthrie,"Whe~~M.
) P>(R('(" .....,., 17' " ....
) u. .. u: ..' .";./'\ '.,(
) :' he<';"" (.. iZ::::'"
~ M:~;a~~ ~.~::~~~;f;;~i4)
) A".,!. ""..,' f .h, LOANS
) Corporation of the
) Township of Oro-Medonte
) per:
)
)
)
)
)
) .
)")
~A{2kll:5"~i~~~~~;;r~~~)
)
)
1 I
1/:./",- J3c"'i
Mayor I Ian ard
.
-
e
APPENDIX n 1 n
LEGAL DESCRIPTION OF LANDS
Concession 10, Plan 902, Part of Block X, Township of Oro-Medonte
(formerly Township of Oro), County of Simcoe
/
""".....""""""1''-1 '? t /
J ~_~'~
re_I.fIIo_I{~ ~
-"""",,., ./ I ,\ ~
aM.H!D \i ~
1'('t1U1 ~ p~ !~ _ P_ ~
"I!!"!'H~ "'-'::1>1 "",,,_ ~,' '"
t~~ " I "'-, /
", ~.~, ~~". ", <:} .~ /
ltC - ,'~ <(;,0 "-/ /
' t-\ ,
"ill"Il'- ''V) /' /
/j j/ I~w:w~::r:, 1 <<'v / /
Y -- ~,~ ",s<{-'V) /;/
0'" / /"
<{-<{-0/ /~/
/ /
Lf. /' //
'Q'vG / ~
/,
1<,.<1,//'
'" ,
r$i'" _
//
~:/
y
,
/
.:/'
! t_J !'-r
-
t".
I
I
I
0 I
""
(J)
(j)
z
0
Uj
(j)
Iii
U
Z
0
U
Z
W
w
5
f-
w
(l)
w
u
Z
<1:
5 1='1
0
-I
-I
<1: r
(:)
<1:
0
0::
+"",
"'
x REGISTEREDL_
902 I
,"",
, --,...,~".,~
051ffi 111m - eN.
! ." ""
. ... '"
( '~I ""
~ ~~ '"
[ ... '"
, -'~ ""
, ... , ""
, ... '"
~~~ ""
K ... ""
, ... ""
. 1~1 ""
, _!.\AI\~__._ ,"
~
/~IX'BU!S-~-_.-
r-
, .,tV....
',---!.. /
WEST ElEVATPI
SITE PLAN
'J(hJ.[:I:200
[A,ST f1EVATPI
EXISTING REV ^ TIONS
-~-
tml1HIEVA I"'i
,
n n
soorn f1EVAOON
I'~I I.....-li...
SITE DE.SCRIPTION
PART ct' II.OCK X
R!:GlSTERED PlAN 902
INTlI:
fORtifR TOWNSfl' ct' ORO
OOW TIt:
TOWNSfl' ct' ORO . t.fDONTE
IN TIt:
COltITY ct' SIMCOE
SITE DATA
SITEMEA !30Um'
lOT COVERAGE
fI.l!M AREA 151.8m'
CO'.1;RfDPC1iCH IIO.8rn't
2681in1 2(1.5\
,....AJ.K
2I.T..
tRAVEl. OONEW'AY lJ1.3m1
lAI<S<AP<DAREA 87M,"-
WI!9IL. "Q~
",,"'AIIO U.
REAR'AIIO HIli
SUYARO U"'
51['( YAHI) Um
-
IUI
U.
to.
'.~/II
~ lr.nk60m
DWfllHi
@L~AST
I3ROOt.lSl
I I
] !
, ,
!i!!I.MiU!ill!!
SU'lK:TAl<< 2-&rut9m 4&101"..
WQ-M ffD 5.1ml Un 126.6 UEAl
II!!!!!mIIl
mAtt [fIAHA(f. TO SWALf lOC.Um I1f
rmm f'RCffJITY Lt€. TOWllH'IJTOI (>>f
STHCCH,IUlWTEOSOOTHr:EPR!J'ERT't
twRaNJAUOWmI.ROCflEAWlSMAN . r
10~WW'ERS WlTliOVOFlOW"
[JIAIH; NTO CD. & tmfH SWAlE .'
<II
IO,~'
--- tDfUII
-.- UJIIUUl"tt
- ....,..
--..--- rAUl11o(
-.......- WllII[
-.41-- "',0<
-.-- .'"
e... .....
()oo "'....
0> ."'....
(j) 1IWa(RQ I 1'111 II1IIT1!It
~ 1IW6!BO !pA/ltDJ(!m I
..,.
. ....... """"
0 ....... ,...
:~ DaM 8lVAb
DZl1MtLMTPlfOlIOUM
5
.
3
2
1 !SSJ1IOCll7,&:I4FCIII!(\r1'W
.. "~'I_' UIJ
......... I!Io"V<iRR;I~~
~~ ""''''' t r.R!ftI'iI!It ,To
~ _ Dtafllnq I !'OS..I ;
'VERANDAHS"
BED & fFEAKFAST
PEARl I NOOfotaJ11flE
RR 2 HAWl<ESTIP "BN91O
~
PROJECT:
SITE PLAN FOR REo'
ZONING EXISTING
DRAWINO:
SITE PLAN
-A;'~ t><lICnDI"
~'o KMO
OCT, 94 oorrn
'~tuICUI", ...._0104.1
J' 9438 I of I
61.31