1990-038 Oro
THE CORPORATION OF THE TOWNSHIP OF ORO
Site Plan Control
BY-LAW NO. 90-38
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement
(Part Lot E, Cone. 1)
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 Administrator/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.
READ a first and second time this 19th day of March
, 1990.
READ a thi rd time and fi na lly passed thi s 19th day of March
, 1990.
THE CORPORATION OF THE TOWNSHIP OF ORO
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~eve, Robert E. Dr y
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Administrator/Clerk, Robert W. Small
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 12th day of February, 1990
in accordance with Section 40 of the Planning Act, 1983.
BET WEE N
MUSKOKA HOMES
(Hereinafter called the "Owner")
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO
(He rei nafter called the "Townshi p")
PARTY OF THE SECOND PART
-and-
7065820 ONTARIO LTD.
(Hereinafter called the "Mortgagee")
PARTY OF THE THIRD PART
WHEREAS the Owner has applied to the Township of Oro to permit a
commercial development on the lands 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 accordance with
the Site Plan attached as Schedule "B" 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 the title 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 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 covenants to improve the Township Concession Road
from which access to the property is provided to Municipal
standards within one year of the date that the first commercial
use building permit is obtained. Furthermore the Owner shall post a
Letter of Credit in the amount of an estimate for road upgrading,
such estimate to be prepared by a qualified professional and agreed
upon with the Township of Oro's Public Services Administrator.
Page 2 - Site Plan Control Agreement
(Muskoka Homes)
f) 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.
g) 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.
h) That there is presently one outstanding 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 commercial
development 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 ~ubject
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
subject property shall be made and postpones 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) Lighting:
All lighting systems installed outsid~ such as floodlight~ 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 in
conformity with Section 9.1.2 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.
Page 3 - Site Plan Control Agreement
(Muskoka Homes)
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d) Outside Storage
No outside storage shall be permitted between any buildings
on the premises and any street line.
e) 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.
f) Landscapi ng
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 the Engineering drawings submitted shall be done on all
lawn areas.
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 all Parties.
6. SECURITY
As evidence of the good faith of the Owner and as security for the
performance by the Owner of his 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 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 Owner of any of the substantive terms of
this Agreement.
7. COMPL lANCE
Any action taken by the township or on its behalf pursuant to this
Agreement shall be in addition toa~ 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.
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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9.. BINDING EFFECT
Page 4 - Site Plan Control Agreement
(Muskoka Homes)
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.
10. 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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MUSKOKA HOMES
per:
CORPORATION OF THE TOWNSHIP OF ORO
PE~rt r~
~g2/LflI
Clerk, Robert W. Small
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Schedule "A" to Site Plan Control Agreement
(Muskoka Homes)
Legal Description of Property Affected:
Concession I, E.P.R., Part Lot E, in the Township of Oro in the
County of Simcoe.
Owner as of the date of this Agreement: Muskoka Homes
Roll No. Identifier: 6-163 (office use)
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Schedule "B" Site Plan Control Agreement
(Muskoka Homes) Page 2
SITE INPOJUtATlOR
LOT AREA
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LOT COVERAGE
GRO$S BUILDING AREA
GROSS FLOOR AREA
PARKING PROVIDED
SETBACKS
FRONT YARD MINIMUM: CZ>,O""1
REAR YARD 8.0 }1
EAST SIDE 4. ~ H
WEST SIDE ~. 0 H
PARKING STRUCTURE I SPAc:e f"e~ 2B D41-
L1\NDSCAPED AREA 1,?9~.4; '1'
PLANTING SCHEDULE
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TYpa DOTAIIIICAL MJUUI CtIMI'I01IC MJUUI MO. CALIP.. JUUGIft'
A PIca GLAUCA CORICA DNMtP AI.BIUTA SPRUCIf 21 1000 MIl
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II 'l'ILEA CORDAT1!I GLIDn.EVBII GI.IDn.EVBII LINDKL 3 1800 MIl
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C SYRIRGA MIJRImSIS JAPONlCA IVORY BILIt 'fRJU! LILAC 1 1800 ""
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D JIJIIIPUUS SADIRA 'l'AHAItISClPOLIA 'l'AHAItIX JIMIPU 8 400 MIl
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