1990-036 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 90-36
Being a By-Law to Authorize the Execution of a
Site Plan Control Agreement
(Part Lot 21, Concession 5)
WHEREAS the Official Plan of the Township of Oro was approved by the
Minister of Municipal Affairs on March 25, 1973;
AND WHEREAS Site Plan Control policies have been established in the
Official Plan for the Township of Oro;
AND WHEREAS lands zoned as Industrial are subject to Site Plan
Contro 1 pursuant to By-l aw # 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;
NOW THEREFORE the Council for the Corporation of the Township of Oro
hereby enacts as follows:
1. 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 on behalf of
the Corporation of the Township of Oro.
2. THAT the Site Plan Control Agreement referred to in
Section 1 of this By-Law is attached as Schedule "A" to
this by-law.
3. THAT this By-law shall come into force and take effect
upon being enacted by Council.
READ a first and second time this 5th
day of March
, 1990.
READ a third time and finally passed this 5th
day of March ,1990.
THE CORPORATION OF THE TOWNSHIP OF ORO
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Administrator/Clerk, Robert W. Small
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THIS AGREEMENT made in quadruplicate as of the 16th day of October,
1989
BETWEEN:
T , T HOLDINGS COMPANY LIMITED
(herein called the "Owner")
PARTY OF THE FIRST PART
- AND -
THE CORPORATION OF THE TOWNSHIP OF
ORO
(herein called the "Township")
PARTY OF THE SECOND PART
WHEREAS the Owner has applied to the Township to permit a heavy
equipment sales and service business 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 of an Agreement under section 40 of the Planning Act
1983.
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1. COVENANTS BY OWNER:
The Owner covenants and agrees as follows:
(a) The Owner owns the subject lands.
(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)
obtain all necessary permits and
Township and from all Ministries and
the County of Simcoe District Health
The Owner shall
approvals from the
agencies including
unit.
(e) The Owner shall, prior to the execution of the Agreement,
pay all Municipal taxes and charges related to obtaining
the approval of the subject lands for the intended use.
(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.
2. TOWNSHIP AGREEMENT:
(a) That the Township has enacted a By-law to permit the
development on the subject lands of a heavy equipment
sales and service business.
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(b) 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 herein contained.
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 of buildings such
as floodlights shall be directed away from any adjacent
residential use and/or roadway.
(c) Parkinq Area and Drivewavs:
All parking areas and driveways shall be constructed with
375 mm gravel base and 50 mm of hot mix asphalt.
(d) outside Storaqe:
No outside storage shall be permitted any closer than 12
metres of the lot line abutting Provincial Highway No.
11 and the lot line abutting Oro Concession Road 4, and
15 m from the daylighting triangle. Storage of USED
equipment shall NOT BE in the front or exterior side
yards. All open storage shall be screened from any
residential uses with a fence or vegetative screen of
mixed coniferous and deciduous trees. Notwithstanding
the foregoing, the Township agrees that the Owner shall
be entitled to display for sale used construction
equipment, tractors, bulldozers, excavators, loaders and
other items of inventory provided that such are complete
goods that are ready for immediate use and in a good
state of repair and condition and further provided that
such items shall be displayed in an organized fashion and
in a reasonably attractive manner.
(e) Existing Buildinqs:
The separation distance required between any new
structures and display areas shall be in keeping with the
Township Zoning By-Law.
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 both the Owner and the Township.
5.
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 the 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
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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.
6.
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 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.
7.
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 the enure to the benefit
of the Parties hereto and their respective successors and
assigns.
IN WITNESS WHEREOF the Owner has hereunto set hi~ hand on this
day of February, 1990.
Per:
LI1IITED
cis
President
IN WITNESS the Corporate Seal of the Township attested to by its
duly authorized signing officers this day of
19
THE CORPORATION OF THE TOWNSHIP
OF ORO
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A m1n1stratorl
Clerk Robert W. Small
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SCHEDULE "A"
In the Township of Oro, in the County of Simcoe and being composed
of the whole of Parcels 21-2 and 21-3, section 51-0ro-5 being
composed of Parts of Lot 21, Concession 5, Township of Oro
designated as Part 4 on Plan 51R-7767 and Part 4 on Plan 51R-5093.
Part of Lot 21, Concession 5
Township of Oro, County
of Simcoe
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King's Highway No. 11
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New Building
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Scale: 1 :250
INDUSTRIAL BUILDING FOR
TRUCK & TRACTOR EQUIPMENT lTD.
TOWNSHIP OF ORs .COUNTY OF SIMCOE
Site S_ry
Building Classification: OBC?2 Table 3.2.2 Q
1 storey unsprinklered
Site Area: 4.29 acres
Building Area: Office. Warehouse and Service Shop: 9773 sq. f
Site Coverage: 5.2%
Parking Spaces: 23 including 1 Handicapped parking spot
Parking Size: 2.7 x 5.5 m; Handicapped: 4.5 x 5.5 m
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planted
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New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See
Schedule
(8) This Document provides as follows:
DYE & DURHAM CO liMITED
Form No. 985
Document General
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Form 4 - Land Registration Reform Act, 1984
(1) Registry 0
(3) Property
Identifier( s)
Land Titles ~
(2) Page 1 of 4 pages
Property
Block
Additional:
See 0
Schedule
of an
(4) Nature of Document Application To Register Notice
Unregistered Estate, Right, Title or Interest
(Section 70(1) of the Act)
(5) Consideration
Dollars $
(6) Description
!',
In the Township of Oro, in the County of Simcoe and
being composed of Parcels 21-2 and 21-3, Section
51-0ro-5 being composed of Parts of Lot 21, Concession
5, Township of Oro designated as Part 4 on Plan
5lR-7767 and Part 4 on Plan 5lR-5093
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(7) This
Document
Contains:
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(b) Schedule for'
Description 0
(a) Redescription
New Easement
Plan/Sketch
Additional
Parties 0 Other 00
The Corporation of the Township of Oro has an unregistered estate, right, interest or
equity in the lands registered in the name of T & T Holdings Company Limited in respect
of the lands registered as Parcels 21-2 and 21-3 in the register for Section 5l-0ro-5,
and hereby applies under Section 70 of the Land Titles Act for the entry of a Notice
of Agreement in the register for the said parcels.
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
Continued on Schedule 0
Agreement -<<JlII! 1.8
S~::,"~('~ . . . . . ~ . Lkftc-:tZ20f S.! ::""ffiO
N~' . ~:hert Drury i
Ti tIe: Reeve :
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f
,:1992 ;12
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. :t;~~ . ~~v:~ .au:tp.o.r.i :ty. :t!>. ~:i~~. ~~e. 9<?:q><?~C!-~i,~n. .
(11) Address
for Service
P.O. Box 100, Oro Station, Ontario. LOL 2EO
(12) Party(les) (Set out Status or Interest)
Name(s)
T & T HOLDINGS COMPANY LIMITED
Date of Signature
Y M D
Per:
. . . 'Name:'
Title:
1992 12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .
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(13) Address
for Service 1655 Britannia Road East , Mississauga, Ontario.
(14) Municipal Address of Property (15) Document Prepared by:
not assigned
L4W lS5
Fees and Tax
PHILLIP P. MACDONALD
Smith, Lyons, Torrance,
Stevenson & Mayer
Scotia Plaza, Suite 6200
40 King Street West
TORONTO, Ontario
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Total
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Page 2 of 4 pages
THIS AGREEMENT made in quadruplicate as of the 1st day of December, 1992.
BETWEEN:
T & T HOLDINGS COMPANY LIMITED
(herein called the "Owner")
PARTY OF THE FIRST PART
-and -
THE CORPORATION OF THE TOWNSHIP OF ORO
(herein called the "Township")
PARTY OF THE SECOND PART
WHEREAS the Owner is the registered owner of certain lands in the Township as
described in Schedule" A" hereto (the "Lands") and has applied to the Township to permit a
heavy equipment sales and service business on the Lands;
AND WHEREAS the Owner and the Township entered into an agreement dated as of
October 16, 1989 (the "Site Plan Agreement") pursuant to Section 40 of the Planning Act
(Ontario) which was registered against title to the Lands on AH~WlJt 28~O as Instrument No.
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AND WHEREAS pursuant to Section 5 of the Site Plan Agreement, the Owner posted
a letter of credit in the amount of $10,000 (the "Letter of Credit") with the Township;
AND WHEREAS the Owner has delayed its development of the Lands and has requested
that the Township release and return the Letter of Credit to it;
AND WHEREAS the Township has agreed to release and return the Letter of Credit to
the Owner subject to the Owner entering into this Agreement.
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS:
1.
The Owner covenants and agrees that prior to any work being commenced on the Lands
with respect to the proposed development thereof it shall post an irrevocable letter of
credit with the Township in the amount of $10,000.00 and otherwise in compliance with
the terms specified by Section 5 of the Site Plan Agreement.
2.
The parties hereto consent to the registration of this Agreement by the Township upon
the title of the Lands at the expense of the Owner and agree to execute such further and
other documents as required for the purpose of securing registration and giving effect to
the provisions of this Agreement.
3. This Agreement shall be binding upon and enure to the benefit of the parties hereto and
their respective successors and assigns.
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Page 3 of 4 pages
IN WITNESS WHEREOF the Owner and the Township have executed this Agreement as of
the 1st day of December, 1992.
S COMPANY LIMITED
Per:
I have authority to bind the Corporation
THE CORPORATION OF THE TOWNSHIP OF
ORO
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Name Robert rlrury ~
Title: Reeve
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'~ame: Darlene Shoebridge "
Title: Clerk
We have authority to bind the Corporation
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Page 4 of 4 pages
SCHEDULE "A"
In the Township of Oro, in the County of Simcoe and being composed of Parcels 21-2 and 21-3,
Section 51-0ro-5 being composed of Parts of Lot 21, Concession 5, Township of Oro designated
as Part 4 on Plan 51R-7767 and Part 4 on Plan 5IR-5093.