2005-142 To Authorize the Execution of a Site Plan Control Agreement between the Corporation of the Township of Oro-Medonte and Paige Custom Homes Inc.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-142
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Paige Custom Homes Inc.
described as lands as follows:
Part of Lots 14 and 15 Fronting Kempenfelt Bay and
Part Water Lots 14 and 15 Lying in Front of Lots 14 and 15, s/s Davis Street
Plan 1, Being Part 2, 51 R-32684, Together with Right-of-Way over
Part 1, 51 R-32684, Together with Right-of-Way over Parts 2, 3, 4 and 5, 51 R-15199
Being all of PIN #58554-0142 (Lt)
Roll #4346-010-006-00600-0000
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. 2005-124, 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. 2005-124;
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 0" 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 21sT DAY OF DECEMBER,
2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21sT DAY OF
DECEMBER, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~
APPENDIX" A"
to By-Law No. 2005-142
SITE PLAN AGREEMENT
- between -
PAIGE CUSTOM HOMES INC.
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of Lots 14 and 15 Fronting Kempenfelt Bay and
Part Water Lots 14 and 15 Lying in Front of Lots 14 and 15, s/s Davis Street
Plan 1, Being Part 2, 51 R-32684, Together with Right-of-Way over
Part 1, 51 R-32684, Together with Right-of-Way over Parts 2, 3, 4 and 5, 51 R-15199
Being all of PIN #58554-0142 (Lt)
Roll #4346-010-006-00600-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
November, 2005
By-Law No. 2005-142
. "
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
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 21st day of December 2005, in accordance
with Section 41 of the Planninq Act.
BETWEEN:
PAIGE CUSTOM HOMES 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 a single
family home on lands deiScribed in Schedule "A", attached hereto;
AN.D WHEREAS the Township has enacted a By-law to provide for the designation of the
lands as a "Site Plan Control Area";
AN.D 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 hereinaftercontained, the parties hereto hereby covenant and agree as
follows:
3
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,
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.
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.
b)
c)
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 TransferlDeeds 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.
i)
The Owner acknowledges that the lot does not front on an improved public road,
that the Township does not or is not required to maintain or snowplow the said
road, that the Township will not take over or assume the private road as a
Township public road or street unless it has been built according to the Township
standards, then in force, and that the Township is not liable for any injuries, losses
or damages as a consequence of the Township issuing a Building Permit.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit a single family home 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.
4
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) Liohtino
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) Parkino 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 Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d) Outside Storaoe
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) Garbaoe Storaoe
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) Landscapino
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.
g) 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
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 "0" 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 "0" 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.D. 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.
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 the" respective seals
under the hands of their proper officers duly authorized in tha ehalf.
SIGNED, SEALED AND DELIVERED
) Owner: Paige Cus om Homes
) Inc.
)
) David Seaman
) Has the Authority to Bind the Corporation
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
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7
'. .'
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 Paige Custom
Homes Inc.
LEGAL DESCRIPTION OF LANDS
Part of Lots 14 and 15 Fronting Kempenfelt Bay and Part Water Lots 14 and 15
Lying in Front of Lots 14 and 15, s/s Davis Street, Plan 1, Being Part 2, 51R-32684,
Together with Right-of-Way over Part 1, 51 R-32684, Together with Right-of-Way
over Parts 2,3,4 and 5, 51R-15199, being all of PIN #58554-0142 (Lt), Roll #4346-
010-006-00600-0000
8
SCHEDULE "6"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Paige Custom
Homes Inc.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Lot Grading Plan (71 Barrie Terrace) prepared by Richardson Foster Ltd. dated October,
2005.
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 and Paige Custom
Hornes 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
NIA
]0
.
,. .
, .,
'. .
SCHEDULE "0"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Paige Custom
Homes 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 Section 5 herein.
N/A
11
LRO # 51 Notice Under 5.71 Of The Land Titles Act
The applicant!s) hereby applies to the Land Registrar.
I Properties
PIN
Receipted as 5C403587 on 200601 12
at 15:24
yyyy mm dd Page 1 of 12
Description
58554 - 0142 L T
PT LTS 14 & 15 FRONTiNG KEMPENFELT BAY AND PT OF WATER LTS 14 & 15
LYiNG IN FRONT OF L TS 14 & 15 S/S DAVIS ST PLAN 1 BEING PT 2 51 R32684; T/W
ROW OVER PT 1 51R32684IN SC215636; T/W R0935161; ORO-MEDONTE
71 BARRIE TERRACE
ORO-MEDONTE
Address
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 SelVice
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Box 100, Ora, ON LOL 2EO
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 JENNIFER ZIELENIEWSKI, Acting Clerk.
I Party To(s)
Capacity
Share
Name
Address for SelVice
PAIGE CUSTOM HOMES INC.
Registered Owner
71 Barrie Terrace, Ora-Medonte, ON
I. DAVID SEAMAN, have the authority to bind the corporation
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
Oro Station LOL 2EO
acting for Applicant(s)
Signed
200601 12
Tel 705-790-2677
Fax 7054870257
I Submitted By
SHIRLEY PARTRIDGE REGISTRY 168 Lakeshore Rd. W. RR#1
SERVICES INC Ora Station LOL 2EO
Tel 705-790-2677
Fax 7054870257
200601 12
I FeesITaxes/Payment
Statutory Registration Fee
$60.00
Total Paid
$60.00
I File Number
Applicant Client File Number:
1-403