Loading...
2009-041 Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Pratham CorporationTWE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW N0.2009-041 Control Agreement Site P an of Oro-Medonte Authorize the Executione fT a ownship A f law to he Corporation ofa d between Pratham Corporation 793137, Being all of PIN 58530- described as lands as follows' N►edon e H ghway 12 Nest Part of Lot 1, ConcessiQ336 (LT)I 91 O f prO_Medonte, County of Simcoe Township ° provided for in reemennded, and Council 1990, c. p. 13, as am, on the lands it to enter into Site Plan Control g WHEREAS author Y Act, RS-O" Control Agreement Section 41 of The Planni er into a Site Plan deems it necessary bed here-w to Designate Areas 0, the of own hip descri 9 a By La cil or the AS gy-Law No. 2()08-06 was passe AND d by Coun #R.S O 1990, c P WHERE Planning Act, Oro-Mnship as site Pla nto the prv~ sions of The o T edonte, pursuant 13, as amended; Law are subject to site Plan AN ds referreds By acts as D S the tar WHEREA Law No. 2()08-069; nship of Oro-Medonte hereby en Control, pursuant to By- E the Council of the Tow NOW TWEREFOR Agreement attached hereto follows: Control Agreree en "A"; Township enter Into the site Pthe attached A Site 1 • TWAT the , as Appendix on (ands des Site Plan hereby authorized to the Township 01 Oro- of 2. TWAT the MaYor and Clerk ar oration ent on behalf of the or Control t Agree," s "A g, C and D" shall form part Medan Schedule the attached Appendix and 3. THAT Laws thereof. of this BY' the final passing pT this By-Law shall take effect on 4. TW 2009. THIS gT" DAY OF APRIL, A FIRST AND SECOND TIME LAW' READ y PASSED THIS 6M DAY OF BY- FINALE .LAW READ A TWIRD TIME AND BY APRIL, 2009- EDpNTE r=-rHE TOWNSHIP OF ORO-M s~ pppEHo1X r,c A pGREEMEtIT E PLAN ~►T . between . oRpoRATIO0 PfIATHAM C and - TIOH of: THE THE CON of: ORo.mej)o TE. NCH1P of .row CR1PTt~ L D' 14y Medonte as ►n Co s►on 793137 0338 (LT) part of Lot 1 , Ro gein9 all of p1% 58530 west 9110 K , 0.2Y0^004-23300 Roll # 4346'p2 of: oROwMEDDNTE TowNgH►P couNTY of StMcQE J a NQ x,009'041 Jay-Law THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co-operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 8"' day of April, 2009, in accordance with Section 41 of the Planning Act. BETWEEN: Pratham Corporation Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit construction of a gas canopy and new underground storage tank on lands described in 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 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, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these 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, prior to the execution of this Agreement, obtain all necessary permits and approvals from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. e) The Owner 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. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its solicitor, engineer, planner and staff, 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. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $N/A. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers/Deeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the Transfer/Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System Permit approval must be received by the Township/Ministry of the Environment. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit construction of a canopy and new underground storage tank 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 subject lands, as indicated on the Site Plan attached hereto as Schedule "B", subject to the development restrictions contained herein. 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, such as floodlights, shall be directed away from any adjacent residential use and/or roadway, not to cause interference in any way. C) Parking Areas and Driveways All parking areas and driveways shall be constructed in conformity with Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulation #419/86, and such parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. f) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping 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 any Engineering drawings submitted, shall be done on all lawn areas. h) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 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 by all parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering drawings. The nature of such record of amendment shall depend on circumstances. R1TY •twith the Treasurer of th~hs°wnship, 5. SECS owner will deposit, under n the Agreement, the obligations Of the owner arising ks and service prior to sign, g eCformance of the ties: construction of the woe following securi to cover the faithful p but not limited to the the "said Work th Agreement including „D„ to this Agreement estimated in Schedule It 100%) of the Council o he Of' identified ( Township wnship Engineer and by the To hundred Cash in the amount of dnp cordance with the a) as approve issued ►n ac said work, chartered bank, of Credit from a matic renewal clause in k e and ist ° b) An irrevocable Letter „E„ with an auto inimum ents of Schedule of the estimated costs Green Sall be for a m and shall requireCn ercent (100%) The Letter O t one hundred p Engineer. Township iration. approved by the T°wnship ea, or such time 30~ eays prior to exp period of one (1) y guaranteed fil nec essary, th► these ai be renewed automatically, accept or reject any of eC.urities, the owner's The Township reserves the right to Prior to depositing the s works to the Township c) providing securities. roved, it will be set methods °f ubmit an estimate of the cost e the been app Engineer shall s hen the cost estimate ecome the basis for the limits of the Engineer for approval. W Agreement and will b out in Schedule "D" °f this is based upon th owe eatad securities. this Agreement. H t or security filed with the bed Y1p be used as security for d) Any Letter of Credo Township may b is the of completing the various matters pres ement, Ding, cost received by the of the foreg rs of Credit and secur►trwhich, under the terms he genera re lity ownship, Lette other matter without limiting any item or any including or other costs incurred by thCeement. responsibility of the owneegal planning en ineering, owner, under the terms of this Ag works required payment of g responsibility of the certifying that all which are the the owner's agent, feted in accoe t nce e) that submitted have the been compT°wnship or its ag Dforponwwhich rittenthe Lenotate aof Credi was nfirmation by leted, on co with the the plans submitted and up under this Agreement have been co the Owner's obligations r of this d Letter °f Credo f the p security or Township will return sai ovisions er and T wns ip to realr- on its one (21) day's event of default of the Own far the ail, twentY- f) 1f in the it becomes necessary tVe by registered m Agreement, Township down shall g or deposit. deposits, then the on the security notice its intent to draw Agreement shalt be in 6. Cp►NPwpI , r ursuant to this Agven on behalf of the or on its behaio,C other guarantee gaud upon default on the Township security Any action taken by re udice to any regiments herein, ny other remedy without P I of its 'Township and ag al Act, the ownship shalt, in addition to a addition to and ner for thpedormance reunder, ions of Section 427 of the Municip Ow wner he roves the part °f the o to utilize the p available to it, be at liberty 1 5.0.2001, c. 25, as amended upon the title 200 7. co-oPER ATION the Township, reemen to execute such further and nsents to the reg►strat+on of this and agrees of the o the purpose of securing The owner co at the expense as required, far ect lands, lications, reement. of the subl consents or app rovisions of this Ag other documents, giving effect to the p registration and 6 8. 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. 9. 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. 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub-contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub-contractors. 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 I C 'v1v'-"-L, L-44-4 Pratham Corporation )Owner: Chaman Uppal nPr* ) The Corporation of the ) Township of Oro-Medonte A SCNEjWLE ii Site Plan Schedule toms par of the nd pratham rood and agree pwnsh•p of Oro-M N pTE: this edonte a It is end ent bebNeen the T Agreem Co fPorat►on. ~AN~S ,)f SC lip -"0'4 0 1.EG,A A 41 Medonte session Lot 1, C°n 0336 (LT) part of 1N 58530. all of P est 9A 1 Wghw 0 0 004^23300 Roil 0 4346 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Pratham Corporation. SITE PLAN Site Plan Drawing is available from the Township of Oro-Medonte. SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Pratham Corporation. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered shall be prior approved by the solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 scN f)OLE G4 )ll ad of the Site plan Schedule forms pad reed ,,,at hh~ of Oro-Medonte and e Towns p rst een agreed It is uncle N0YE: Agreement betN Corporation. 6MOUUN T1UN ESTIMATE Nip, CCNSTRUC 1 ITEMIZE ANt F CFkEp1T ~5g0C0.00 2 ~ETTE~S O be prodded b st eqO eder redtt to of all gwork noted fetter ofi Completion A reement, as to ensuCe c this under the terms in Section 5 herein 11 a LRO # 51 Notice Receipted as SC745182 on 2009 06 24 at 14:44 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2 Properties PIN 58530 - 0336 LT Description PT OF LOT 1 CON 14 MEDONTE AS IN R0793137; ORO-MEDONTE Address 9110 HIGHWAY 12 WEST ORO-MEDONTE Consideration Consideration $ 2.00 Applicant(s) I The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service Oro, ON This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation Harry S. Hughes, Mayor and J. Douglas Irwin, Clerk. Party To(s) Capacity Share I Name PRATHAM CORPORATION Registered Owner Address for Service Oro, ON I, Chaman Uppal, A.S.O. and Ravnish Uppal, A.S. 0., have the authority to bind the corporation This document is not authorized under Power of Attorney by this party. Statements This notice is pursuant to Section 71 of the Land Titles Act. This notice is for an indeterminate period Schedule: See Schedules Signed By Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Signed 2009 06 24 Oro Station Applicant(s) LOL 2E0 Tel 705-790-2677 Fax 7054870257 I have the authority to sign and register the document on behalf of the Applicant(s). Submitted By SHIRLEY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 2009 06 24 Oro Station LOL 2E0 Tel 705-790-2677 Fax 7054870257 Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 LRO # 51 Notice The applicant(s) hereby applies to the Land Registrar. File Number Receipted as SC745182 on 2009 06 24 at 14:44 yyyy mm dd Page 2 of 2 Applicant Client File Number : 1-898