1990-106 Oro
THE CORPORATION OF THE TOWNSHIP OF ORO
site Plan Control
BY-LAW NO. 90-106
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Being a By-Law to Establish a Site Plan Control Area and
Authorize the Execution of a
site Plan Control Agreement
(Lot 20, Plan X-381, Lakewood Tennis Club)
WHEREAS the Official Plan, as amended, of the Corporation of the
Township of Oro has been approved by the Minister of Municipal
Affairs and specifically, that Amendment 44 was signed for the
Minister on the 4th day of September, 1990;
AND WHEREAS the Council of the Corporation of the Township of Oro
has established appropriate site plan control policies in the
Official Plan;
AND WHEREAS the Council of the Corporation of the Township of Oro
deems it necessary to designate these lands as a "Site Plan
Control Area";
AND WHEREAS authority is granted under Section 40 of the Planning
Act as amended to enter into site Plan Control Agreements and
Council deems it necessary to enter into an Agreement with
regards to the lands described herein;
NOW THEREFORE the Council for the Corporation of the Township of
Oro hereby enacts as follows:
1. That the area shown on Schedule "A", attached to and
forming part of this By-law, is hereby designated as a
site Plan Control Area.
2. The Reeve and Administrator/Clerk are hereby authorized
to execute the site Plan Control Agreement attached to
and forming part of this By-law as Schedule "B", on
behalf of the Corporation pursuant to Section 40 of the
Planning Act, as amended, for all areas of land
described in Schedule "A".
3. That By-law No. 90-46 is hereby repealed.
4. That this By-law shall come into force and take effect
upon being enacted by Council.
READ a first and second time this 4th day of September, 1990.
READ a third time and finally passed this 4th day of September,
1990.
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THE CORPORATION OF THE TOWNSHIP OF ORO
RZert { Pi7-
A~~bert W. Small
, Schedule 'A' to By-Law 90-106
This Is Schedule'A' to By-Law 90-106
passed the 4th day of ' September, 1990
_eeve ~. (~
Clerk ~~j/M '
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FOCH
AREA under Site Plan Control
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LOT 20 NA
LOT 21
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Document Generat
Form 4 - land Reglstl'lltlon Reform Act. 19M
',.", No 985
(1) Registry 0
(3) Property
Identifier( s)
Land Titles ~ (2) Page 1 of 8
Block Property
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Additional:
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(4) Nature of Document
Notice of . Agreement - Section 74
Land Titles Act
(5) Consideration
N/A
(6) Description
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Parcel 20-1 ,Section 51M-381, being Lot 20 on
Plan 51M-381, Township of Oro, County of Simcoe
New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See
Schedule
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(7) This
Document
Contains:
(a) Redescnption
New Easement
Plan/Sketch
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(b) Schedule for:
Description 0
Additional
Parties 0 Other IKJ
(8) This Document provides as follows:
APPLICATION TO REGISTER NOTICE OF
AN UNREGISTERED ESTATE, RIGHT, IMTEREST
OR EQUITY
(Section 74 of the Act)
See Schedule Attached
ell
Continued on Schedule ~
(9) This Document relates to instrument number(s)
175314
(10) Party(ies) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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THE CORPORATION OF THE TOWNSHIP OF ORO
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(Party of the Second Part) By Its
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administrator/Clerk, Robert W. Small
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) Address
for Service
P.O. Box 100,
(12) Party(ies) (Set out Status or Interest)
Name(s)
Oro Station, Ontario LOL 2EO
Signature(s)
Date Of Signature
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LAKEWOOD TENNIS CLUB INCORPORATED
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(13) Address
for Service
c/o Suite 1900, Thomson Building, 65 Queen Street, West, Toronto, Ontario. M5H2M6
(14) Municipal Address of Property
(15) Document Prepared by:
Not Assigned
Beth A. Oosthuizen
Deputy Clerk
Township of Oro
P.O. Box 100
Oro Station, Ontario
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10174 /12/114\
DYE & DURHAM CO. LIMITED
Form No. 990
~ Province
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Schedule
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Form 5 - Land Registration Refonn Act, 1984
Page
Additional Property ldentifier(s) and/or Other Information
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TO: The Land Registrar for the Land Titles Division of Simcoe
WE, THE CORPORATION OF THE TOWNSHIP OF ORO have an
unregistered estate, right, interest or equity in:
1. The land registered in the name of:
LAKEWOOD TENNIS CLUB INC.
in respect of the above described lands.
AND HEREBY apply under section 74 of the Land titles Act
for the entry of a Notice of Agreement in the register
for the said parcel.
DATED:
January 30, 1991
L~~ CLERK
THE CORPORATION OF THE TOWNSHIP OF ORO
The address of the applicant for service is:
P.O. Box 100
Oro station, Onto
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Schedule "BW to By-Law No. 90-106
BITE PLAN CONTROL AGREJ:I,IENT~ .-{I L/j;t-
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THIS AGREEMENT made in quadruplicate this cJ-..1I1day of~, 1990 in
accordance with Section 40 of the Planning Act, 1983.
BETWEEN
LAKEWOOD TENNIS CLUB INC.
(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
lands described on Schedule "A" attached hereto to be used as a
non-commercial tennis club;
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 hereto as Schedule "B";
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 the title to the
subj ect 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 this 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 I s obligations hereunder /~less the context
otherwise requires. .J~ ,/ ~/
That there is presently /Vo mortgages 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) The Township has enacted a by-law which will permit the
lands described on Schedule "A" to be used for a non-
commercial tennis club.
(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. COVENANTS BY THE MORTGAGEE
The Mortgagee covenants and agrees as follows:
(a) That registration of this Agreement against the title to
the subj ect 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) 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) Parkinq Areas and Driveways
All parking areas and driveways shall be adequately
drained.
(c)
It
( d)
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.
Landscaping
The Owner shall complete all landscaping and landscaped
areas as shown on the site Plan attached as Schedule "B"
and shall complete all grading and sodding requirements.
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(e) Prior to the construction of the parking area, driveway
and tennis courts, a drainage plan be prepared and
approved by the Township engineer.
.
(f) The Owner shall maintain all required fencing and
landscaping and keep the property in a clean and tidy
state.
s. 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 recognized financial institution acceptable
to the Township with the Township of Oro being named as
beneficiary for the sum of TEN THOUSAND ($10,000.00) DOLLARS.
The Letter of Credit must contain the following phrase. nIt
is a condition of this irrevocable Letter of Credit that is
shall be deemed to be automatically extended, without
amendment, for one year from the present or any future
expiration date." The TownshiP~./U rtakes and agrees to
release the Letter of Credit thre (3 years from the date of
this Agreement, provided that the 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 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.
8. 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.
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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
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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10.
SEVERABILITY OF CLAUSES
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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 )
)
) Per:
~ Per:
) JOEL WESLEY
~THECORPORATION OF THE TOWNSH P OF ORO
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SCHEDULE "A"
All and singular that parcel or tract of land lying within the
County of Simcoe in the Township of Oro and described as Lot 20,
Plan 51M-381.
I, Robert W, Small, CI~rk cf t:le Corporation of the
Township of Oro do h"reSy cer:;fy under my hand
and the corporiJi~ sodl ,h.;J the foregoing is a true
and correct copy of Site Pl an Agreement
with Lakewood Tennis Club Incorporated
which was duly pass!;d in COllocil on
Dated January 28, 1991
Oro Station, Ontario ~ ~rk
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SCHEDULE "B" TO SITE PLAN CONTROL AGREEMENT
BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO AND
LAKEWOOD TENNIS CLUB INC.
The site Plan is not in registerable form and is available
from the Township of Oro offices.
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33.388
BLOCH 25
(WIDENING)
LOTS 20 AND 21
SITE Pl-AN QF
LAKEWOOD TENNIS CL.UB
l_OT 20,
PLAN 51 N1-381
TOWNSHIP OF ORO
COUNTY OF SIMCOE
ROAD ALLOWANCE' BETWEEN
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PAUL R, KITCHEN SURVEYING LTD.
1990
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