2005-040 Authroize Execution of a Site Plan Control Agreement with Elizabeth Tanger and Cyr Child & Youth Resources Inc.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-040
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and Elizabeth Tanger and Cyr Child & Youth Resources Inc.
described as lands as follows:
Part of Lot 21, Concession 9, Designated as Part 1, 51 R-1 0632
- Being all of PIN # 58549-0052 (Lt) - Roll # 010-009-07600
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. 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 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;
I 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 AND SECOND TIME THIS 20TH DAY OF APRIL, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF APRIL,
2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~ ~
..~
or, J. Neil crai~
r
APPENO\X "fj'
to By~law No. 200~~040
5
May 6, 2005
By-LaW registered as 2004-040
(typographiCal error-s\1Quld be 2005-040).
Registrar Otlice indicated By-Law number
at bottom 01 Site Plan sutlicient - no need
to re-register.
S\TE PLAN AGREEMENT
_ between -
EUZABETH TANGER
(OWNER)
_ and -
CYR CH\LO & YOUTH RESOURCES \NC.
(TENANT)
- and -
THE CORPORAT\ON OF THE
TOWNSH\P OF ORO-MEOONTE
Part of Lot 21, Concession 9, Designated as part 1, 51R-10632
Being all of PIN #58549.0052 (Lt)
Roll #010_009-07600
DgSCRIPTION Of LANDS
TOWNSHIP Of ORO-MEDONTE
COUNT'l Of SIMCOE
January, 2005
By-LaW No. 2005- 040
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 1 0
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
2
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this 20th day of
accordance with Section 41 of the Planninq Act.
April,
2005, in
BETWEEN:
ELIZABETH TANGER
Hereinafter called the "Owner"
PARTY OF THE FIRST PART
- and-
CYR CHILD & YOUTH RESOURCES INC.
Hereinafter called the "Tenant"
PARTY OF THE SECOND PART
- and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE THIRD PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a
residential care home for six (6) residents 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:
3
1. COVENANTS BY THE OWNERlTENANT
The Owner/Tenant 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/Tenant 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 Ministry of Community and Social
Services.
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/Tenant 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/Tenant
acknowledges and agrees that the Owner/T enant shall be responsible for the cost
of performance of all the Owner's/Tenant's obligations hereunder, unless the
context otherwise requires. Every provision of this Agreement, by which the
Owner/Tenant is obligated in any way, shall be deemed to include the words "at
the expense of the Owner/Tenant", unless specifically stated otherwise. The
refundable deposit for expenses and actual cost shall be $1,000.00. The
Owner/Tenant 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.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a residential care home for six
(6) residents described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner/Tenant with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the
Owner/Tenant 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/Tenant shall be on and subject to the following terms and conditions:
4
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".
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.
5
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/Tenant for the performance of its covenants and agreements herein, and upon
default on the part of the Owner/Tenant 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.
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/Tenant 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.
6
SIGNED, SEALED AND DELIVERED
7
(j~-
L-. -I- ~
-v,' I...
). ~~ R.
) her: Elizabeth Tang~
) / .7.../.. / 7:
/'~'L. / L/
) C7?/ Y2?</i.I!""C7 C>,~'7
) . / C........--:l /J
) ~..;rd:t!tf 4,
) Tenant: Cyr Child & y . th ~
) Resources Inc.
) Charles Cyr
) Elaine Cyr
) Have the Authority to Bind the Corporation
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
) J~ - ~~
).~I
ti-Neil Craig, May
)
)
)
) Marilyn P
)
SCHEDULE "A"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, Elizabeth Tanger and
Cyr Child & Youth Resources Inc.
LEGAL DESCRIPTION OF LANDS
Part of Lot 21, Concession 9, designated as Part 1, 51R-10632, being all of PIN
#58549-0052 (Lt), Roll # 010-009-07600, Township of Oro-Medonte, County of Simcoe
8
NOTE:
SITE PLAN
SCHEDULE "B"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, Elizabeth Tanger and
Cyr Child & Youth Resources Inc.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
9
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, Elizabeth Tanger and
Cyr Child & Youth Resources Inc.
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
SCHEDULE "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte, Elizabeth Tanger and
Cyr Child & Youth Resources Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
2.
LETTERS OF CREDIT
AMOUNT
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 Sections 1 f) and 5 herein.
$1,000.00
(refundable
deposit)
II
LRO # 51 Notice Under S.71 Of The Land Titles Act
Receipted as Sc326859 on 2005 05 06
at 14:07
The applicant!s) hereby applies to the Land Registrar.
I Properties
PIN
yyyy mm dd Page 1 of 12
Description
Address
58549 - 0052 L T Estate/Qualifier Fee Simple Lt Conversion Qualified
PT LT 21 CON 9 ORO PT 1, 51R10632; ORO-MEDONTE
ORO-MEDONTE
I Consideration
Consideration
$ 2.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
Address for SeNice
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Box 100, Ora, ON LOL 2XO
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation J. NEiL CRAIG, Mayor and MARILYN PENNYCOOK, Clerk.
I Party To(s)
Capacity
Share
Name
Address for SeNice
TANGER, ELIZABETH
Ora-Medonte
Beneficial Owner
This document is not authorized under Power of Attorney by this party.
I Statements
This notice is for an indeterminate period
Schedule: See Schedules
I Signed By
Shirley Joy Partridge
168 Lakeshore Rd. W. RR#1
Ora Station LOL 2EO
acting for Applicant(s)
Signed
2005 05 06
Tel 705-790-2677
Fax 7054870257
I Submitted By
SHIRLEY PARTRIDGE REGISTRY 168 Lakeshore Rd. W. RR#1
SERVICES INC Oro Station LOL 2EO
Tel 705-790-2677
Fax 7054870257
2005 05 06
I Fees/Taxes/Payment
Statutory Registration Fee
$60.00
Total Paid
$60.00