1997-002 To Authorize the Execution of a Site Plan Control Agreement
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Site Plan Control
BY-LAW NO. 97 - b2
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement
HEREAS 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. 13 as amended;
D WHEREAS the lands referred to in this By-Law are subject
o Site Plan Control pursuant to By-Law No. 94-149;
D WHEREAS authority to enter into Site Plan Control
greements is provided for in Section 41 of The Planning Act,
.S.O. 1990 c. P. 13, 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
rf 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.
, 5.
~AD a first
laanuary
tREAD a third
That By-law 96-114 is hereby repealed.
I
and second time this 15th
, 1997.
day of
.January
time and finally passed this 15th
, 1997.
da y 0 f
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
Mayor, Ian
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Clerk, Lynda Aiken
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SCHEDULE "A"
Concession 2, Part of Lot 15, Plan 1719, Part 2, Township
of Oro-Medonte (formerly Township of Orillia), County of
Simcoe
III
SITE PLAN CONTROL AGREEMENT
tjo
This Agreement made in quadruplicate this 15th day of Novembe~
1995 in accordance with Section 41 of the Planning Act.
BET WEE N
TOROMONT INDUSTRIES LTD.
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
a.I
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 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 a~~e
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.
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.
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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 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
F~ppe::-.~i:: n:" as soon as ~;ea:.he-:.- permi ts and 0.::
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 FOURTY FIVE THOUSAND ONE
HUNDRED AND NINETY ($ 45,190.00) 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 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.
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
a.f;
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.
IO. 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 v~lidity of the Agreement as a whole or
any part thereof, other than the provision so declared
to be invalid.
INW!TNESS WHEREOF, tt2 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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er, Rick
have the ability to bind
the Corporation
Mortgagee,
I have the ability to
bind the Company
The Corporation of the
Township of Oro-Medonte
per:
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APPENDIX "1"
LEGAL DESCRIPTION OF LANDS
Concession 2. Plan 1719. Part of Lot 15, Reference Plan 51RI4577. Part 2, Township ofOro-Medonte
(fonnerly Township of South 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-Medonte offices.
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