1993-041 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
site Plan control
By-law No. 93 - 41
Being a By-law to Authorize the Execution of a
site Plan control Agreement
EREAS By-law No. 90-32, a By-law to designate parts of the
ownship as site Plan Control Areas was passed by council for the
ownship of Oro pursuant to the provisions of the Planning Act,
983, R.S.O. as amended;
D WHEREAS the lands referred to in this By-law are subject to
ite Plan Control pursuant to By-law No. 90-32;
D WHEREAS authority to enter into site Plan Control Agreements is
rovided for in section 41 of The Planning Act, R.S.O. 1990, and
ouncil deems it necessary to enter into a site Plan control
greement on the lands described herein;
THEREFORE the Council for the corporation of the Township of
hereby enact as follows:
That the Township enter into the site Plan Control Agreement
attached hereto as Schedule "A" on lands described on the
attached Appendix "1";
That the Reeve and Clerk be authorized to execute the site
Plan control Agreement on behalf of the corporation of the
Township of Oro;
That the attached Schedule "A" and Appendices "1" and "2"
shall form part of this By-law; and,
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That this By-law shall come into force and take effect upon
being enacted by Council.
EAD a first and second time this 5th day of May
~993.
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EAD a third time and finally passed this 5th day of May
993.
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THE CORPORATION OF THE TOWNSHIP OF ORO
Robe
L2z ~ .If' '" R. / ~ AJp L"fJ:5>' y< " '
~rlene Shoebridge, Clerk
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 05t~ day of ~~i '
199.3 in accordance with Section 41 of the Planning Act.
BET WEE N :
546060 ONTARIO LTD. (WOLF STEEL)
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO
Hereinafter called the "Township"
PARTY OF THE SECOND PART
-and-
Hereinafter called the "Mortgagee"
PARTY OF THE THIRD PART
WHEREAS the owner has applied to the Township of Oro to permit
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.
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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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.
w.e; .
mortgage(s)
the subject property
g)
That there is presently /tJO
registered against the title to
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
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 Imds as "jpdicated on
the Site Plan attached hereto as G~i['Jule liD"., subject
to the development restrictions contained herein. ~
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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)
b)
c)
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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 ~ChOdl,l1e "Dti';" IJA D
ppe-nd\ y. \Ia" fY'-
Liqhtinq
All lighting systems installed outside, such as
floodlights, shall be directed away from any
adjacent residential use and/or roadway.
Parkinq Areas and Drivewavs
All parking areas and driveways shall be
cons~ructed, 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 ~chcdule "B~attached.
ppe.ncrl~ ,I ~'I P
Outside Storaqe P&
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 Seh9Qule "D"~
Appe-ncA\ x \I ~ 1/
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f)
e) Garbage 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.
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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g) Future Addition
Any future additions shall be built in accordance with
Appendix "2" attached. All future parking shall be in
accordance with Appendix "2". Any site changes to the
future building as identified will require an
amendment to this agreement.
5. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be
no changes to this Agreement or the Schedules
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 THIRTY THOUSAND ($
30,000.00) 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
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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.
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9.
Appe.ndlx .. \ "
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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.
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
~",~I.u!du:J~ "Aid!) attached hereto, such Schedule being a
legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved
and registered on title.
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 offic.ers
duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
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corporation of the
Township of or~~per:
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eve, Robert ... "';ry
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APPENDIX 1
'ID '!HE 546060 OOTARIO LID. (WOLF STEEL) SITE PLAN AGRE:EMENT
LEGAL DESCRIPTION OF LANDS
Concession 1, Part Lot D and Part Lot E,
RP51R-1519, Part 1, Township of Oro, County of Simcoe
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APPENDIX 2
'TO THE 546060 CNl'ARIO LTD. (WOLF STEEL) SITE PLAN AGREEMENT
Site Plan is not in registerable form and is available from the
Township of Oro offices.
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