2003-104 To authorize the execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and FSP Holdings Incorporated (Settler's Ghost Golf Course)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2003-104
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and FSP Holdings Incorporated (Settler's Ghost Golf Course)
described as lands as follows:
Lot 41, and Part East Half Lot 42, Concession 2
Being Part 1, 51R-30187 (formerly Medonte)
Township of Oro-Medonte
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. 94-149, a By-Law to Designate Parts 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. 94-149;
NOW THEREFORE the Corporation 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 come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 15th day of October, 2003.
By-law read a third time and finally passed this 15th day of October, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
i):- &J C~
Mayo! ;.I. Neil Craig
,
)(;
~Maril
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
FSP Holdings Inc.
(Settlers' Ghost Golf Course)
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 41 & Part E '12
Lot 42 Conc. 2
Being Part 1 51R-30187
(Formerly Medonte)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
October 2003
By-Law No. 2003- \ QI1
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 "8"
Site Plan
Schedule "c"
Deeds and Easements to be Conveyed
Schedule "D"
Itemized Estimate of Cost of Construction
Schedule "E"
Standard Township Letter of Credit
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 1'5'"" day of o dol:> 1;:(
accordance with Section 41 of the Planning Act.
2003, in
BET WEE N:
FSP HOLDINGS INC.
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 an eighteen
(18) hole golf course and associated buildings 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:
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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 Nottawasaga Valley Conservation Authority,
County of Simcoe and Ministry of the Environment.
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
$1,000.00. 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) That the Golf Course Management Plan developed by John F. Robinson, Golf
Course Architect, be implemented and is to be read and understood by the
superintendent and other key staff of the golf course.
i) That the recommendations from Michalski Nielsen Associates Ltd., Environmental
Impact Study, dated September 2001 (updated October 2002), be implemented
with respect to but not limited to; Golf Course Operations; Routing; Buffers and
Natural Area Protection; Natural Area and Corridor Enhancement; Buffer Zone
Adjacent to Horseshoe Valley Road; Retained Portion of the Plantation, Provision
of New Edge Plantings; Creation of Naturalization Zones, and Naturalized Pond
Edges.
j) That if at any time within the next three (3) years the Township undertakes a
monitoring program for the Coldwater River watershed, that the Owner will
participate financially pro-rata in accordance with other water takers within the
watershed.
k) The following residential well monitoring program shall be completed by and at the
cost of the Owners from time to time of Settlers' Ghost Golf Club.
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Prior to commissioning the irrigation well on the subject site, the following activities
shall be completed on the Renton/Ellesmere, Sinton/McNutt and Dunsmore Wells
("Subject Wells"):
. Perform short duration (up to 3 hours) test on each of the Subject Wells using the
existing pump to establish the current hydraulic performance of the well;
. Collect a water sample from each of the Subject Wells to be analyzed for
pesticides and general water quality parameters;
. Install a pressure transducer in the Renton/Ellesmere Well to facilitate automatic
water level monitoring;
. Establish the depth and pump setting in the Renton/Ellesmere Well;
. Where practical, the Subject Wells shall be modified by the installation of pipes to
facilitate water level measurements;
. The Subject Wells are to be chlorinated after the installation of the testing
mechanisms;
Commencement of the above work is to be undertaken as soon as possible, but no later
than August 22, 2003.
After the commissioning of the irrigation well, the following activities will be completed:
. Measure water levels manually on a weekly basis in the Sinton/McNutt and
Dunsmore Wells, and by transducer on the Renton/Ellesmere Wells starting one
month before the irrigation well has been put into operation and finishing one
month after the irrigation well ceases operation (typically between April and
November);
. Such monitoring is to continue until the completion of the first full season of golf
operation;
. Once monthly, supplement transducer readings (Renton/Ellesmere Well) with
levels measured manually;
. Download the transducers at least four times per year;
. Collect an additional set of water quality samples following the first full golf season;
. Produce a report in December after any partial year of operation and in the first full
year of operation in the month of December including the water level data of each
of the Subject Wells, plots of the Renton/Ellesmere Well and Irrigation well logger
levels. A final report with chemistry and all water level data is to be prepared after
the full year of operation;
. After the completion of the first Annual Report, continuation of the Monitoring
Program will be evaluated by the Owner and the Township.
. Collect an additional water quality sample from the Renton/Ellesmere Well five (5)
years after the first sample;
. Copies of such reports shall be delivered within 30 day of completion of the same
to each owner of the Subject Wells and the Township of Oro-Medonte;
. Azimuth Environmental Limited or another qualified consultant retained by the
Township, shall be the third party arbitrator and shall determine the necessity of
any modification, extension or reduction of any of the testing procedures or
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remedial action to be taken.
I) The Owner shall upon the receipt of any complaint from the owners of those wells
known as:
M.O.E. Well # 1816 (Renton and/or Ellesmere Well)
M.O.E. Well # 1831 (McNutt/Sinton Well)
M.O.E. Well # 16142 (Dunsmore Well)
provided always that the owners of such wells from time to time have afforded the
Owner an opportunity to conduct an initial well monitoring program, the results of
which shall be delivered to the owners of such wells from time to time, immediately
advise the Ministry of the Environment that a complaint has been received. In the
event of a disruption of water supply or serious water quality fluctuations in any or
all of the aforementioned wells subject to the monitoring program, the Licensee
shall supply a temporary water supply within twenty-four (24) hours and thereafter
until such time as the cause of the disturbance can be determined and the problem
corrected.
Where the Ministry of Environment has determined that the operation of the
Settlers' Ghost Golf Course, owned and operated by the Owner, has caused such
well or wells to be adversely affected, the Owner shall, at the Owner's expense,
either restore or replace the well or take such other remedial steps such as
lowering the pump and/or deepening the well as may be necessary to ensure that
the historic water production capacity and historic water quality as revealed by the
water monitoring program are maintained.
m) That except as may be otherwise provided in specific provisions of this Agreement,
the Township undertakes no obligation to Elizabeth Earle-Renton, McNutt/Sinton
and Dunsmore (hereinafter referred to as "'well owners") with respect to the
enforcement of this Agreement with respect to provisions relating to the monitoring
of the impact of the golf course water usage on their respective properties or the
rehabilitation measures to be undertaken pursuant to the terms of this Agreement.
The Owner and the well owners acknowledge and agree that with respect to the
obligations undertaken by the Owner to the well owners with respect to the
monitoring of the impact of the golf course use on their respective wells and any
obligations of rehabilitation as a result of adverse impacts, that the law of contract
applies. Without limiting the generality of the foregoing, that vis a vis these
particular parties, the site plan agreement is not intended to be interpreted as a
planning instrument per se and the principle set out in Hi Rise Structure Inc. v. The
City of Scarborough (1991), 24 O.M.B.R. 60 shall not apply.
In addition to all other securities to be provided by the Owner to the Township
pursuant to the Agreement, the Owner shall provide an irrevocable Letter of Credit
drawn on a financial institution approved by and in a form acceptable to the
Township and/or the Township's solicitor in the amount of $15,000.00 to provide
security for the obligations of the Owner with respect to the water
monitoring/rehabilitation process referred to herein. In the event of a dispute
between the well owners and the Owner, the parties agree that the Township's
consulting engineer and/or hydrogeoglist shall review and determine the dispute
and in his or her sole and unfettered discretion shall determine the substance of
the dispute and determine the appropriateness that, and the extent to which
recourse may be had to the Letter of Credit to enforce such obligations. It is
acknowledged and agreed by the parties that in the event that the security is
insufficient to satisfy the obligations of the Owner that the well owners shall have
recourse against the Owner to otherwise enforce the terms of the Agreement.
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n) All works shall be in conformity with all applicable Provincial and Federal
legislation, and also including the Federal Fisheries Act.
0) That the Owner and the Municipality enter into a Road Agreement to upgrade Line
1 North from County Road 22, approximately 400 m northerly.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit an eighteen (18) hole golf
course and associated buildings 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) Liqhtinq
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) Parkinq Areas and Drivewavs
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 Storaqe
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) Garbaqe Storaqe
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) Landscapinq
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.
4. DEVELOPMENT CHANGES
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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.
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 Owners' 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 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended.
8
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.
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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 )
) DINGS INC.
)
) Lana Bertram
) Has the Authority to Bind the Corporation
)
)
)
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
~ .,~>~j;
) J. N~raig, Mayor
)
) " ,
I .
)
)
)
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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 FSP Holdings Inc.
LEGAL DESCRIPTION OF LANDS
Lot 41 & Part E %
Lot 42 Conc. 2
Being Part 1 51R-30187
(formerly Medonte)
Township of Oro-Medonte, County of Simcoe.
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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 FSP Holdings Inc.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
The following drawings and reports from part of the Site Plan.
G00196 - SWM1 Storm Water Management Pond Grading Plan,
prepared by Burnside Golf Services, dated September 2002
Figure 2 SILT Fencing / Overall Site Plan,
prepared by R. J. Burnside & Associates Limited,
dated December 2002.
Settlers' Ghost Golf Club Environment Impact Study,
prepared by Michalski Nielsen Associates Limited,
dated September 2001 (updated October 2002).
Settlers' Ghost Golf Club Water Budget and Final Stormwater Management
Design Report,
prepared by Burnside Golf Services, dated October 2002.
Traffic Impact Study, prepared by R. J. Burnside & Associates Limited,
dated February 2001.
Hydrogeologic Assessment, prepared by R. J. Burnside & Associates Limited,
dated October 2002.
Settlers' Ghost Golf Club Sewage System Design, prepared by
R. J. Burnside & Associates Limited,
Dated November 2002.
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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 FSP Holdings
Incorporated.
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
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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 FSP Holdings
Incorporated.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1. ITEMIZED CONSTRUCTION ESTIMATE
AMOUNT
1.2 Site Work
$15,000.00
$ 1,000.00
(refundable deposit)
1.1 Water Monitoring / Rehabilitation Process
LETTERS OF CREDIT
AMOUNT
2.
Letter of Credit 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.
$15,000.00
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