1992-023 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 92- 23
Being a By-Law to
Authorize the Execution of a
site Plan Control Agreement
(Pt. Lot 20, Concession 3 - Kelland)
WHEREAS authority is granted under section 40 of the Planning
Act, 1983 as amended, to enter into site Plan Control Agreements;
AND WHEREAS Council of the corporation of the Township of Oro by
By-law No. 89-041, designated an area described as Part Lot 20,
Concession 3, as a site Plan Control Area;
AND WHEREAS By-law No. 89-041 further authorized the execution of
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an Agreement dated September 20, 1989; !
AND WHEREAS Council deems it necessary to rescind the above noted
agreement and enter into a revised site Plan Control Agreement;
NOW THEREFORE the Council of the Corporation of the Township of I
Oro hereby enacts as follows: !
1. That the site Plan Control Agreement dated September 20,
1989 is hereby rescinded;
2. That the Reeve and Clerk be authorized to execute the site
Plan Control Agreement attached hereto and forming part of
this By-law as Schedule "A";
3. That this By-law shall come into force and take effect upon
its final passing thereof.
READ a first and second time this 4th day of MARCH 1992
READ a third time and finally passed this 4th day of MARCH 1992,.
THE CORPORATION OF THE TOWNSHIP OF ORO
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Robert E.
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~ lerk, Darlene Shoebridge
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New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See
Schedule
(8) This Document provides as follows:
Document General
Form 4 - Land Registration Reform Act, 1984
o
(1) Registry IX]
(3) Property
Identlfler( s)
Land Titles 0 (2) Page 1 of 7 pages
Block Property
Additional:
See 0
Schedule
(4) Nature of Document
a8!J'!iB:t1!:18ti:;j;;g=:~Q;jc Site Plan Agreement under
Section 41(10) of the Planning Act.
(5) Consideration
n/a
(6) Description
Dollars $
All that part of the west half of the west half of
Lot 20, Thi:rd Concession, Township of Oro, County
of Simcoe, situate northerly and westerly of Kings
Highway No. 11 as widened in InstIunent No. 685946.
as described in 889290
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(7) This
Document
Contains:
o
(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
Description 0
Additional
Parties 0 Other G1
Site Plan Agreement as attached.
(9) This Document relates to Instrument number(s)
Continued on Schedule 0
.Huni.c.ipali.ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
oration
(10) Party(les) (Set out Status or Interest) . · · '
Name(s) Signature(s) . /"
. . THE. .COllPORATION. .oJ;'. TIlE . 'f01iJi.SIIH'. . . . . . ~. .~.~
.OF. QRO, . by. .1tS. Clerk... .Dar:L~.ne. S1'1p.ebrJ.dge . . . " . . . . . . . . . . . . . . . . .~. :,:
. . . . . . . . . . . . . . . . . . . .
I have the author it
(11) Address
for Service
to bind the Co
P.O. Box 100, Oro, Ontario LOL 2XO
(12) Party(ies) (Set out Status or Interest)
Name(s)
Date of Signature
Y M D
Signature(s)
PAUL KELLAND IN TRUST
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LAND. Paul. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Owner
(13) Address
for Service
(14) Municipal Address of Property
Not Assigned
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) Document Prepared by:
Fees and Tax
Lynda Aiken
Deputy Clerk. Twp. of Oro
P.O. Box 100
Oro, Ontario
LOL 2XO
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Page 2
SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 11th day of
1992 in accordance with section 41 of the Planning Act.
March
,
BET WEE N :
PAUL KELLAND IN TRUST
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
the development of a modular home and recreational vehicle sales
facility, on those lands in the Township of Oro, as described on
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 ~
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 a 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 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) 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 Drivewavs
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 "B" attached. The
owner agrees to obtain all necessary approvals from
the Ministry of Transportation.
d)
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outside Storage
No outside storage shall be permitted between any
buildings on the premises and any street. A display
area for motor homes, mobile homes and recreational
vehicles shall be permitted between the existing
structure and Highway 11 and between the existing
structure and the West lot line.
e) Garbaqe 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.
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f) Landscaping
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
beneficiary for the sum of TWO THOUSAND ($ 2000.00)
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
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.
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
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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
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.
This agreement replaces an agreement registered on
title on December 13, 1989 and supersedes the previous
agreement. Further, all parties agree that this new
agreement replaces the agreement already registered on
title on December 13, 1989.
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 : ~ ~.P
~, Paul Ktllland
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corporation of/h~~
Township 071,ftt~Sp,1
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SCHEDULE nAn
LEGAL DESCRIPTION OF LANDS
all that part of the west half of the west half of Lot 20, Third
Concession, Township of Oro, County of simcoe, situate northerly
and westerly of Kings Highway No. 11 as widened in Instrument No.
685946.
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SCHEDULE "B" TO THE
KELLAND SITE PLAN CONTROL AGREEMENT
site Plan is not in registerable form and is available from the
Township of Oro offices.