1990-008 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
SITE PLAN CONTROL
BY-LAW NO. 90-8
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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
(Part Lot 20, Concession 11)
WHEREAS The Official Plan of the Township of Oro was approved by the
Ministry of Municipal Affairs on March 25, 1973;
AND WHEREAS THE Council for the Corporation of the Township of Oro has
established Site Plan Control Policies in the Official Plan;
AND WHEREAS THE Council for the Corporation of the Township of Oro deems
it necessary to designate certain areas as "Site Plan Control Areas" and
enter into agreements regarding the development of those areas;
AND WHEREAS authority to designate Site Plan Control areas and enter into
Site Plan Control Agreements is provided for in Section 40 of The
Planning Act, 1983, as amended;
NOW THEREFORE THE Council for the Corporation of the Township of Oro
hereby enacts as follows:
1. That the area shown on the attached Schedule "A" is hereby
designated a "Site Plan Control Area".
2. That 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 of the Township of Oro.
3. That the attached Schedules "A" and liB" shall form part of
this by-law.
4. That this By'law shall come into force and take effect upon
being enacted by Council.
READ a first and second time this 15th day of January , 1990.
READ A third time and finally passed this 5th day of February ,1990.
eve, Robert E. Drury
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Administrator/Clerk, Robert W. Small
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Schedule "A"', to
By- 1 aw NOt 90-8
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Part Lot 20, Cone. 11
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(1) Registry CJ
(3) Property
I dent/fler(.)
Land Title. (2) Page 1 of 7
pages
Block Property
Additional:
See 0
Schedule
(4) Nature of Document
Registration of a Site Plan Agreement
Section 40(10) - Plannin Act
(5) Con.iderat~n
n/a
Dollars $
(6) Description
Part 1 of Reference Plan 51R7305
Part of Lot ~a, Concession II, ~
Township of Oro, County of Simcoe,
Province of Ontario
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
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(b) Schedule for:
Description 0
Additional
Parties 0 Other 0
(8) This Document provides as follows:
See Site Plan Agreement 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)
p
Date of Signature
Y M D
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(11) Address
for Service
P.O. Box 100, Oro Station, Onto LOL 2EO
(12) Party(les) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M D
William Stewart (Tenant)
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..... .Ur.S, ~!-I~~rj!l. ~9~~~rL................,...
Li11iane Buechin (Owner)
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(13) Address
for Service
R. R. #1
Hawkestone, Onto LOL lTO
(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, Onto
LOL 2EO
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Fees and Tax
10174112/1\4\
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THIS AGREEMENT made in quadruplicate this 5th
day of February
, 1990.
BET WEE N
Wi 11 i am Stewart
(hereinafter called the "Tenant")
Party of the First Part
-and-
Urs Buechin and lilliane Buechin
(herei nafter ca 11 ed the "Owners"
Party of the Second Part
-and-
The Corporation of the Township of Oro
(hereinafter called the "Township")
Party of the Third Part
WHEREAS the Tenant has applied to the Township to permit a trailer sales
business in addition to the existing commercial operation on those lands
in the Township of Oro, as described on Schedule "A" attached hereto.
AND WHEREAS the Township has enacted a By-law providing for the entering
into an Agreement under Section 40 of the Planning Act, 1983.
NOW THEREFORE the Parties hereto agree as follows:
1 . COVENANTS BY OWNER S
The Owners covenant and agree as fo]ows:
a) The Owner~'own the subject lands.
b) This Agreement may be registered against the titre to the
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 this Agreement.
d) The Owners shall prior to the execution of this Agreement, pay
all Municipal taxes and charges related to obtaining the
approval of these lands for the intended use.
2. bQVENANTS BY TENANT
The Tenant covenants and agrees as follows:
a) The Tenant has entered into an agreement with the property owners
to locate a trailer sales business on the subject lands.
b) The Tenant shall obtain all necessary permits and approvals from
the Township and from all Ministries and agencies including the
Simcoe District Health Unit.
e) The Tenant, prior to the execution of this Agreement shall pay
all charges related to obtaining the approval of these lands for
the intended use.
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Site Plan Control A~ment - Stewart/Buechin P.
d) The Tenant 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 Tenant acknowledges and agrees that the Tenant
shall be responsible for the cost of performance of all the
Tenant's obligations hereunder unless the context otherwise
requires.
3. COVENANTS BY TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit the development
of a trailer sales business.
b) The Township agrees that subject to compliance by the Owners
with all relevant Municipal By-laws and Provincial Statutes and
Regulations. the Owne~may proceed to develop the subject lands
as indicated on the Site Plans attached hereto as Schedule "B"
and "C", subject to the development restrictions herein
contained.
4. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject
lands by the Owne~and Tenant 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 accord-
ance with, and as set out on the Site Plan attached hereto and
forming part of this Agreement 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 Driveways:
All parking areas and driveways shall be constructed with a
roadway having a minimum 375 mm gravel base.
d) Outside Storage:
No outside storage including trailers shall be permitted any
closer than 12 meters from the lot line abutting Provincial
Highway No. 11.
e) Signage:
Any and all signs shall be located in compliance with the
Township of Oro's Zoning By-Law.
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 the Owners the Tenant,
and the Township.
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Stewart/Buechi n pI3
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Site Plan Contro~reement -
6. SECURITY
As evidence of the good faith of the Tenant and as security for the
performance by the Tenant of his obligations hereunder, the Tenant
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 TEN THOUSAND ($10,000.00) 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 this Agreement, provided that there have been no violations by
the Tenant of any of the substantive terms of this Agreement.
7. REGISTRATION OF AGREEMENT
The Parties consent to the registration of this Agreement by the
Township upon the title of the subject lands at the expense of the
Owne~ or Tenant 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.
8. CO-OPERATION
The Parties undertake and agree to co-operate with one another with
respect to the implementation of this Agreement.
This Agreement shall be binding upon and endure to the benefit of
the Parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF THE Owners have hereunto set their hands and seals on this
(;).. rJ- day of ~a"';"7 ,1990. I
SIGNED, SEALED and DELIVERED
in the presence of:
~ tJo~
A Commissioner, etc.
Owner,
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Owner, Lil1iane Buechin
IN WITNESS WHEREOF The Tenant has hereunto set his hand and seal on this
day of , 1990.
SIGNED, SEALED AND DELIVERED
in the presence of:
IN WITNESS WHEREOF the Corporate Seal of the Township, attested to by it
duly authorized signing officers this 5th day of February , 1990.
THE CORPORATION OF THE TOWNSHIP OF ORO
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Re~e, Robert E. Drury
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Administrator/Clerk, Robert W, Small
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Schedule -A-
lands to which this Site Plan Control Agreement applies:
Part 1 of Reference Plan 51R7305
(Part of lot 11, Concession 20)
Township of Oro, County of Simcoe
Province of Ontario
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Number of Trailers May
Vary But Will No~
Beyond theTraile~les
Area as lndicat~~
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