1992-033 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
site Plan Control
BY-LAW NO. 92-33
Being a By-Law to Authorize the Execution of a
Site Plan control Agreement
WHEREAS By-Law No. 90-32, a By-Law to Designate Parts of the
Township as site Plan Control Areas was passed by Council for
the Township of Oro pursuant to the provisions of the Planning
Act, 1983, S.O. as amended;
AND WHEREAS the lands referred to in this By-Law are subject
to site Plan control pursuant to By-Law No. 90-32;
AND WHEREAS authority to enter into site Plan Control
Agreements is provided for in section 40 of The Planning Act,
1983, 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 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 Reeve and Clerk be authorized to execute
the site Plan control Agreement on behalf of the
corporation of the Township of Oro;
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.
a first and second time this 1st day of
, 199 2 .
APRIL
a third time and finally passed this 1st
day of APRIL
, 199 2 .
THE CORPORATION OF THE TOWNSHIP OF ORa
/1.1, /.R.u:. / ~lI'-&..r:/'7
Clerk, Darlene Shoebridge
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Province
of
Ontario
Document General
Form 4 - Land Registration Reform Act, 1984
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(1) Registry Ga
(3) Property
Identifler(s)
Land Titles 0
(2) Page 1 of 7 pages
Block
Property
Additional:
See 0
Schedule
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lor)
(4) Nature of Document
~~iBtrati'On M Site Plan AgreEment under
Section 41(10) of the Plannin Act.
(5) Consideration
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(6) Description
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Part of Lot 16, Concession 14
Reference Plan 51R-19270, Parts 2, 3, 4 and 5
Township of Ora, County of Simcoe
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as described in
New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See
Schedule
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
o
(b) Schedule for:
Description 0
Additional
Parties 0 Other Ut
(8) This Document provides as follows:
Site Plan Agreement as attached.
Continued on Schedule 0
(9) This Document relates to instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
i, . .']}IE .CORroRAT.IPN Or. :mE. ~:rp. . . . . . . . . . . .
Dat'8 Of Signature
Y M D
I have the authori
(11) Address
for Service
. . . ~1uni~.ipality. . . . . . .. . . . .. . .. . . .. . . . . . . . .
to bind the Co:rporation
,
1992
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. . . .OF .OID,. .by .its. C~;rk#. Da:r:lwe. $boet;)];:iQ.g~ . . .
P.O. Box 100, Oro, Ontario LOL 2X0
(12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ................ * . . . . . . . . . . . . . . . .. .....
(13) Address
for Service
(14) Municipal Address of Property
(15) Document Prepared by:
I Fees and Tax
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Not Assigned
Lynda Aiken
Deputy Clerk, Twp. of Ora
P.O. Box 100
Ora, Ontario
LOL 2XO
1'<ewsome and Gilben
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Page 2
SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 1st day of April, 1992 in
accordance with section 41 of the Planning Act.
BETWEEN:
ONTARIO HYDRO
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
WHEREAS the owner has applied to the Township of Oro to permit
a service and storage building on those lands in the Township of Oro,
as described in Schedule "A" 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 "Schedule B" 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
Schedule "A" 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.
g)
That there is presently no 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
described use 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 Schedule "B", 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) 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 Schedule "B".
b) Lightinq
All lighting systems installed outside, such as
floodlights, shall be directed away from any
adjacent residential use and/or roadway.
c) 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 adequately
drained. All entrances shall be constructed as
in Schedule liB" attached. The owner agrees to obtain
all necessary approvals from the Ministry of
Transportation.
d)
t
e)
Outside Storage
No outside storage shall be permitted between any
buildings on the premises and any street.
Garbaqe 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.
If
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f) Landscapinq
The Owner shall complete all landscaping and
landscaped areas shown on the site Plan, attached as
Schedule "B" 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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4.
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.
5. 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
benef iciary for the sum of FIFTY THOUSAND ($ 50,000.00)
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
the 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.
6 . 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.
7.
CO-OPERATION
f
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.
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8. BINDING EFFECT
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This Agreement and everything contained herein shall
be binding upon the successors and assigns of the
Parties hereto and upon the lands described in
Schedule "A" 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.
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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.
SIGNED, SEALED AND DELIVERED
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~ lerk, Darlene Shoebridge
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Page 6
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SCHEDULE "A"
LEGAL DESCRIPTION OF LANDS
Part of Lot 16, Concession 14
Reference Plan 51R-19270, Parts 2,3,4, and 5
Township of Ora, County of Simcoe
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SCHEDULE "B" TO THE
ONTARIO HYDRO SITE PLAN CONTROL AGREEMENT
site Plan is not in registerable form and is available from the
Township of Oro offices.