1997-097 To Authorize the Execution of a Site Plan Control Agreement
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Site Plan Control
BY-LAW NO. 97-97
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 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 on this the 19th day of November, 1997.
READ A THIRD time and finally passed this 26th day of November, 1997.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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Clerk, Lynda Aiken
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 30th day of October,
1997 in accordance with Section 41 of the Planning Act.
BETWEEN
IVORYLANE CORPORATION
HeLeinafteL called the "OwneL"
PARTY or TrIE fIRST PART
SCHEDULE "A"
Concession 2, Part of Lot II, designated as Part I, on Reference Plan 5IR-13844,
Township of Oro-Medonte (formerly Township of Oro), County of Simcoe
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The Owner shall,
Agreement, pay all
to obtaining the
intended use.
prior to the execution of the
Municipal taxes and charges related
approval of these lands for the
f)
The owner shall pay such reasonable costs as may be
involved to the Township in having its Solicitor,
Engineer, and Pla!lIler' perform any work in cO!lIlectio!l
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 otherwL.:5e require,,::,.
g)
That there l3 present Iv no mortqaae(s} reqistered
against the title to the -subject property in favour of
rho Mr'\Y"t-rr;.::JrrQQ
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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 perrni t 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
the
the
Parties hereto acknowledge and agree that any use of
subject lands by the Owner shall be on and subject to
following terms and conditions:
a)
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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) Lighting
All lighting systems installed outside, such as
floodlights, shall be directed away from any adjacent
residential use and/or roadway.
c)
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 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 Storage
No outside storage shall be permitted between any
T
buildings on the premises and any street.
outside storage shall be contained in
compound as identified on Appendix "2".
Any other
the fenced
e)
Garbage 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
rnetal 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
no changes
acknowledge
to this
and agree that there shall be
Agreement or the Appendices
attached hereto unless and until such changes have
been approved in writing by all Parties.
6. SECURITY
As evidence of t:he good faith of t:he 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 thc Township of Ora being named as
beneficiary for the sum of Thirty Five Thousand ($
35,000.00) DOLLF..RS. 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 thc 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
Substanti ve 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
gi ven on behalf of the Owner for the performance of
its covenants and agreements herein and upon detaul t
on the part of the Owner hereunder, the Township
sha.LL, in addition to any other remedy available to
it, be at liberty to utilize the provisions of Section
326 of trie t-1unicipal Act, R.S.O. 1990, c.H. 45 as
amended.
8.
CO-OPERATION
The ParLies consent t:o t:he registration of t:his
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 P'.>.greement and everything contained herein shall
be binding upon the successors and assigns of the
Parties hereto and upon the lands d.escribed in
Appendix "1" attached hereto, such Appendix being a
legal description of the lands, and it lS 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
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" )' Owner, E~~ene !acobelli
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The Corporation of the
Township of Oro-Medonte
per:
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clerk,:i.~~t.ken
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APPENDIX "I"
LEGAL DESCRIPTION OF LANDS
Concession 2. Part of Lot 1]. Reference Plan 5lR-13844. Part 1. Township ofOro-
Medonte (formerly Township ofOro). 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.
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(B) This Document provides as follows:
Addihonat
See
Schedule
Additional:
S..
Schedule
DYE & DURHAM CO LlMI"Er
Form No. 966
Document General
Form 4 - Land Raglatratton Raform AcL 1984
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(1) Registry ia
(3) Property
ldendfler(a)
Land Tide. 0 (2) Page 1 of 8 pages
Block Property
Additional'
See 0
Schedule
(4) Nature of Document
Site Plan Agreement under Section 41( 10) of the
Planning Act
(5) Consideration
NI A Dolla", S
(6) Oeocrlptlon
All that part of Part of Lot 11, Cone. 2, Reference
Plan SlR-13844, Part 1, Township of Oro-Medonte
(fonnerly Township of Ora), County of S:imcoe.
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
Additiona!
o Description 0 Parties Iii] Other JiI
Site Plan Agreement as attached.
(9) This Document relates to Inatrument number(a)
, (10) Party(les) (Set out Status or Interest)
Name(s)
Continued on Schedule 0
Signature{s)
Date of Signature
Y M D
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1998. i 02. 09
. WE CORPORATIOO Or: :mE; .~~IUP.
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. OF. ORO~MEroNTE, .by . its .Cl,,:r::)<,. .Lynda. Ai)<!3)1.
Municipality. . .
ration
o bind the Co
LOL 2XO
(11) Address
for Service
P.O. Box 100,
(12) Party(ies) (Set out Status or Interest)
Name(s)
See. attached
Schedule "A"
.... ..
..
(13) Address
for Service
(14) Municipal Address of Property
Not assigned
Ora. CN
Signature(s)
Date of Signature
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(15) Document Prepared by:
Fees and Tax
Lynda Aiken
Clerk, Twp. of Oro-Medonte
P.O. Box 100
Oro, CN
10L 2XO
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SCHEDULE "A"
.
IVORYLANE CORPORATION
Owner
ROYAL BANK OF CANADA
Mortgagee
EUGENE IACOBELLI, GINO DIREZZE
& BADS AMUSEMENT ALLEY
Tenant
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 30th day of October,
1997 in accordance with SecLion 41 of the Planning Act.
BETWEEN:
e
IVORYLANE CORPORATION
Her"einafter called the "Owner"
FARTY Of TIlE
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C.tl.t"\.J.
-and-
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Hereinafter called the "Mortgagee"
PARTY OF THE SECOND PART
-dnd-
EUGENE IACOBELLI, GINO DIREZZE & BADS AMUSEMENT
ALLEY
Hereinafter called the IvTenaD~i'
PARTY OF TH~ THTRD PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE FOURTH PART
WHEREAS the owner has d1JfJ..LJ..eu La Lhe Townshlp of Oro-IvIedonLe Lo
permit an Go CarL Track, Batting Cages, ~liniature Golf, and
Eating Establishments '0n lands described lD Appendix "1"
attached hereto:
AND WHEREAS the Township has enacted a By-law to proviae 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
the mutual covenants hereinafter contained,
hereby covenanL and agree as follows:
in consiaeration of
the parties hereto
1 . COVENANTS BY THE OWNER
The owner covc~aDts
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al The owner owns ~he subjec~ laDds described in Appendix
"1" attached hereto.
bi
This Agreement may be registered against title to
subject lands and shall take priority over
subsequent registrations against the title LO
subject lands.
this
any
the
.
ci
No work shall be performed on the lands nor any use
made of the subject lands with respect to the proposed
uevelopment except III COIlfoL1ni 1::Y :tll tll dJ..l the
provisions of the Agreement.
di The owner shall obtaln all necessary permits ana
approvals from the Township and f:com all Ministries
and Agencies, including, but not limi~ed to the County
of Simcoe District Health Unit.
e)
f)
e
If
The Owner shall,
Agreement, pay all
to obtaining the
intended use.
prior to the execution of the
Municipal taxes and charges related
approval of these lands for the
The owner shall pay such reasonable costs as may be
involved to the Township in having its Solicitor,
Engineer, Cind PldIlneL- [Jerform any worK in cOIlnection
with this Agreement, including the. preparation,
drafting, executlon, and reglstratlon of thlS
Agreement. The Owner acknowledges and agrees that the
Owner shall be responsible for rhe cost of performance
of all the Owner's obligations hereunder unless the
context otherwi::;e requi.re~.
g) That there l3 presently no mortgage(s) registered
against the title to the subject property in favour of
t-ho M",r+-rf::::ru:::::.o
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2 . COVENANTS BY THE TOWNSHIP
The Township covenan~s and agrees as follows:
a) That the Township has enacted a By-law to pe1.lf1it 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 mor~gagee covenan~s and agrees as follows:
a) That registration of this Agreement against the title
to the subject property shall be made and the
Mortgagee agrecs 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:
3) Site Plan
The use and development of the subject lands shall be
in accordance with and as set out on <:he Site Plan
attached hereto as Appendix "2".
b) Lighting
All lighting systems installed outside, such as
floodlights, sflall be directed away from any adjacent
residential use and/or roadway.
c)
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 areas, loading and access
areas shall be kept free and clear of snow and ice and
Vept- ~c!c;:,rn':::rel'" ~:-jra4ner!. l:I'i"1 enrr.:::'!DCPQ, Qha-l-I he
,~ '- ...... '-"'-1"'"......>-.......1 -- -~~ -- .................. -~-~ - -~ ......,.................. "-'
constructed as in Appendix "2" attached. The owner
agrees LO obtain all necessary approvals from the
Ministry of Transportation.
d) Outside Storage
No outside storage shall be permitted between any
--'
buildings on the premises and any street.
outside storage shall be contained in
compound as identified on Appendix "2".
Any other
the fenced
.
e) Garbage Storage
The Owner agrees to provide suitable storage areas for
garbage and waste and to lDstall and malntain litter
containers in and around development on the lands. All
metal scrap and associa'ted refuse contained in che
fenced compound shall be removed on a weekly basis.
tl
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
la\-JD areas.
5. DEVELOPMENT CHANGES
The parties acknowledge
no changes to this
attached hereto unless
and agree that there shall
"--
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Agreement
and until
or the Appendices
such changes ha"tIe
been approved in writing by all Parties.
6. SECURITY
As evidence of t:he good ral t:n of t:he 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 Ora being named as
beneficiary for the sum of Thirty Five Thousand ($
35,000.00) DOLLILR.S. The Letter of Credit must concain
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
An"...., ';^~Y' -PY'ArT'\ t-h,....., .,.-,.V'r"\c,-,r;+- ^Y' -,::,....." -P"t-"Y'''''' ,......",,...r,,-i Y'~+--i^.....
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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
Substanti ve terms of this Agreement. This does not
prohibi t 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 act:ion 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 co"venants and agreements I1erein and upon detaul t
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.H. 45 as
amended.
8.
CO-OPERATION
rne Part:ies consent t:o the regis~rat:ion of t:his
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
I.his AgreemenI..
o
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 ~n..greement and everything contalned herein shall
be binding upon the successors and assigns of the
Parties here~o and upon the lands described in
Appendix "1" attached hereto, such Appendix being a
legal description of ::.he lands, and it lS furtr1er
agreed that this Agreement shall be prepared, approved
~n~ ro~iQrQrQ~ ~~ rirlo
......~.""'" .... '-'~.........., '-'-.... -......... ....-.. '-....... ..........'-.
e
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 ~TNESS 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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Owner , /~ugene Iacobelli
I have .the ability to
Mnd the Company
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Mortgagee,
I have the ability-to
bind. t.rfic:o~ny:.>/
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Tenant, /
I hav:ethe ability to
bind the Company
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The Corporation of the
Township of Oro-Medonte
per: /1
'..l~ I:? (ui
Mayor, Ian Beard
/'
Clerk, Lynda Aiken
7
APPENDIX "I"
LEGAL DESCRIPTION OF LANDS
.
Concession 2, Part of Lot 11, Referenee Plan 5IR-13844, Part I, Township ofOro-
Medonte (formerly Township of Oro), County of Simcoe.
.
.
.
v
'-
APPENDIX "2"
TO THE SITE PLAN AGREEMENT
Site Plan is not in a registerable fOLw and lS available from the
Township of Oro-Medonte offices.