2011-142 Site Plan Control - HilliardBY -LAW NO. 2011 -142
A By -law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro - Medonte
Timothy Jay Hilliard and Donna Louise Hilliard
described as lands as follows:
Concession 11, West Part Lot 1
Being all of PIN 58529 -0120 (LT), 856 Horseshoe Valley Road East
TOWNSHIP OF ORO- MEDONTE
Former Township of Medonte
PIN 58529 -0120 (LT)
Roll# 4346- 020 - 010 -14300
Township of Oro - Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas of the Township
as Site Plan Control Areas, was passed by Council for the Township of Oro - Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By -Law are subject to Site Plan Control,
pursuant to By -Law No. 2009 -062;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A ", on lands described on the attached Schedule "A ";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro - Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By -Law;
4. THAT this By -Law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7T" DAY
OF SEPTEMBER, 2011.
• ,- • - • • • i • • •
ayor, I .S. Hug
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APPENDIX "A"
SITE PLAN AGREEMENT
- between -
TIMOTHY JAY HILLIARD
and
DONNA LOUISE HILLIARD
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
DESCRIPTION OF LANDS
Part of West' /2 Lot 1, Concession 11
(Former Township of Medonte)
856 Horseshoe Valley Road East
PIN 58529 -0120 (LT)
Roll# 4346 - 020 - 010 -14300
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
September 7, 2011
By -Law No. 2011 -142
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
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Development Changes
Security
Compliance
Co- operation
Binding Effect
Severability of Clauses
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
PA
SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 7t" day of September 2011, in accordance with
Section 41 of the Planning Act.
BETWEEN: TIMOTHY JAY HILLIARD and DONNA LOUISE HILLIARD
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 construct a 62.4
square metre (672 square foot) one storey addition to an existing two storey building with
a ground floor area of 173.9 square metres (1,872 square feet) used for a motor vehicle
repair garage purpose 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 subject to "Site Plan Control ";
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 shall have delivered to the County of Simcoe, 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 County with good title, free and clear from all encumbrances.
i) 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, if
applicable.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By -law to permit the construction of a 62.4
square metre (672 square foot) one storey addition to an existing two storey
building with a ground floor area of 173.9 square metres (1,872 square feet) used
for a motor vehicle repair garage purpose as 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
4
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 drawing dated August 31, 2011, attached hereto as
Schedule "B ". Only the buildings and structures as identified on Schedule "B" shall
be permitted on site.
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 Township of Oro - Medonte.
d) Outside Storage
No outside storage of any materials or supplies shall be permitted between any
buildings on the premises and any street, unless specifically identified on Schedule
«B„
e) 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.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owner arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "D" to this Agreement (the "said Work "), the following securities:
a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordance with
the requirements of Schedule "E ", with an automatic renewal clause in the amount
of one hundred percent (100 %) of the estimated costs of the said works, and as
approved by the Township Engineer. The Letter of Credit shall be for a minimum
guaranteed period of one (1) year, or such time as the Township decides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cost of the works to the Township
Engineer for approval. When the cost estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will become the basis for the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated
cost of completing the various matters prescribed by this Agreement. However, all
Letters of Credit and security received by the Township may be used as security
for any item or any other matter which, under the terms of this Agreement, is the
responsibility of the Owner, including without limiting the generality of the
foregoing, payment of engineering, legal, planning or other costs incurred by the
Township, which are the responsibility of the Owner, under the terms of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all required works
for which the Letter of Credit was submitted have been completed in accordance
with the plans submitted and upon confirmation by the Township or its agent that
the Owner's obligations under this Agreement have been completed, the
Township will return said Letter of Credit.
f) If in the event of default of the Owner under any of the provisions of this
Agreement, it becomes necessary for the Township to realize on its security or
deposits, then the Township shall give, by registered mail, twenty -one (21) day's
notice, its intent to draw down on the security or deposit.
6. 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 427 of the Municipal Act,
2001, S. 0.2001, c. 25, as amended.
7. CO- OPERATION
The Owner consents to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owner and agrees 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. 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 �)
A //-I
Timothy J4y Millard
Owner
Donna Louise Hilliard
Owner
The Corporation of the
Township of Oro - Medonte
per:
) , .S. Hughes, May r
4L 7.�
F
. Dou in, erk
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Timothy Jay Hilliard
and Donna Louise Hilliard.
LEGAL DESCRIPTION OF LANDS
856 Horseshoe Valley Road East
Part of West 1/z Lot 1, Concession 11, Medonte
(Former Township of Medonte)
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
PIN 58529 -0120 (LT)
Roll# 4346- 020 - 010 - 14300 -0000
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 Timothy Jay Hilliard
and Donna Louise Hilliard.
SITE PLAN
Building Location Survey of Part of W1/2 Lot 1, Concession 11, Township of Oro - Medonte,
County of Simcoe, dated November 16, 1988, as annotated August 31, 2011 is not in a
registerable form and is available from the Township of Oro - Medonte.
M
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 Timothy Jay Hilliard
and Donna Louise Hilliard.
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 LANDS TO BE CONVEYED TO THE COUNTY OF SIMCOE
N/A
3.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
10
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Timothy Jay Hilliard
and Donna Louise Hilliard.
2
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
N/A
LETTER OF CREDIT AMOUNT
$ 1000.00
Security to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
it
LRO # 51 Notice. Receipted as SC930368 on 2011 09 12 at 15:19
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 13
Properties
PIN 58529 - 0120 LT
Description PT W1/2 LT 1 CON 11 MEDONTE AS IN RO1035088; ORO- MEDONTE
Address 856 HORSESHOE VALLEY ROAD EAST
COLDWATER
Consideration
Consideration $ 2.00
Applicant(s)
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 Box 100, Oro, ON ' LOL 2X0
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
Name HILLIARD, TIMOTHY JAY Joint Tenants
Address for Service 856 Horseshoe Valley Road East
Coldwater, ON
This document is not authorized under Power of Attorney by this party.
Name HILLIARD, DONNA LOUISE Joint Tenants
Address for Service
This document is not authorized under Power of Attorney by this party.
I 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
Oro Station
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
Tel 705 - 790 -2677
Fax 7054870257
168 Lakeshore Rd. W. RR #1
Oro Station
LOL 2E0
acting for Signed
Applicant(s)
2011 0912
2011 0912
LRO # 51 Notice
The applicant(s) hereby applies to the Land Registrar.
�ees/Taxes /Payment
Statutory Registration Fee $60.00
Total Paid $60.00
Receipted as SC930368 on 2011 09 12 at 15:19
yyyy mm dd Page 2 of 13
I File Number I
Applicant Client File Number: 1252