1991-033 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 91-33
Being a By-Law to Authorize the Execution
of an Agreement between the
corporation of the Township of Oro and David McKee Holdings
WHEREAS section 40(7) (c) of The Planning Act, 1983 authorizes
Township to enter into agreements with owners of land for deal
with and ensuring the provisions of any and facilities or works
to be included on a site plan;
AND WHEREAS David McKee Holdings Inc. is the Lessee of Part of
Lot 11, Concession 2 in the Township of Oro and intends to
develop the lands for use as a mini car track, kiddy car track,
miniature golf, bumper boats and batting cages;
AND WHEREAS both parties are desirous of entering into an
Agreement with respect to the improvements of the First
Concession Road;
NOW THEREFORE Council for the Corporation of the Township of Oro
hereby enacts as follows:
l. The Reeve and Clerk are hereby authorized to enter
the Agreement, attached hereto and forming part of
By-law as Schedule "A", on behalf of the Corporation
the Township of Oro.
2. This By-Law shall come into effect on its date of
passage.
READ a first and second time this 6th day of May, 1991.
READ a third time and finally passed this 6th day of May, 1991.
THE CORPORATION OF THE TOWNSHIP OF ORO
Ret>~ a~
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Administrator/Clerk, Robert W. Small
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Schedule "A" to Bylaw No. 91- 33
DEVELOPMENT AGREEMENT
THIS AGREEMENT made this 15th day of April, 1991.
In accordance with and pursuant to Section 40(7)(c) of The Planning Act, 1983.
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BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF ORO
(hereinafter referred to as the "Township")
OF THE FIRST PART
and
DA VID MCKEE HOLDINGS INC.
(hereinafter referred to as "McKee")
OF THE SECOND PART
WHEREAS McKee IS the Lessee of Part of Lot II, Concession 2 in the
Township of Oro;
AND WHEREAS McKee intends to develop the lands for use as a mini car
track, kiddy car track, miniature golf, bumper boats and batting cages;
AND WHEREAS as a condition of rezoning, the Township requires McKee to
enter into this Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of the mutual covenants hereinafter contained, the parties hereto hereby
covenant and agree as follows:
1. McKee agrees to upgrade and improve the first concession line of the
Township of Oro from the edge of the pavement of Highway 11 running north to the
northerly limit of the subject lands. The concession shall be paved and improved to
Township requirements in accordance with the standards as set out in Schedule "A" and shall
be subject to the approval of the public service administrator for the Township of Oro.
2. McKee agrees that the work required to upgrade and improve the first
concession line from Highway 11 to th.~__n<- ting entrance to the subject property shall be
completed on ~r before .~-3\J, 1991. '
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3. McKee agrees that the ork required to improve and upgrade the first
concession line from the existing e rance north to the northerly limit of the said lands
shall be completed on;,r .b~~or.eJ~3&; 1~92.
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4. McKee agrees to viost with e Township, in the form satisfactory to the
Township's solicitor, a Letter of Credi In the amount of $30,000.00 as security for the
construction of the first concession li e, and to be used by the Township for completion of
the said work in the event McKee fails to do so within the time permitted under the terms
of this agreement. .
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5. The Township agrees to reduce the Letter of Credit to $20,000.00 upon
completion, by McKee, of the work required to upgrade and improve the first section of the
first concession line l't~J);o;;~;~, 1991. ,
6. McKee c&v1~~t/' agr not to commence construction on the subject
lands or undertake any site prepar . n until a Site Plan Agreement has been entered into
with the Township of Oro and registered against the said lands. .
7. 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 McKee for the performance of its covenants and agreements herein and upon
default on the part of McKee 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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8. Every provision of this Agreement by which McKee is obligated in any way
to undertake certain works shall be deemed to include the words "at the expense of "McKee"
unless specifically provided otherwise.
IN WITNESS WHEREOF the parties have hereunto affixed their respective
seals under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
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