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2003-070 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY-LAW NO. 2003-070 . Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Napoleon Systems & Developments Ltd. (Phase II and Phase III) described as lands as follows: Part Lot 11, Concession 1; Part Lot E, Concession 1; Part Road Allowance between Lots 11 and E, Concession 1 being all of PIN#58552-0009(Lt) 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 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 Schedule "A" 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 25th day of June, 2003. By-law read a third time and finally passed this 25th day of June, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE M~;' 11:!c~~ ..'1' I," ~ 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 Secu rity Section 6 Compliance Section 7 Co-operation . Section 8 Binding Effect Section 9 Severability of Clauses Section 1 0 Save Harmless SCHEDULES Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit . . 2 .. . . . . J '" SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this 5 day of accordance with Section 41 of the Planninq Act. 2003, in BETWEEN: NAPOLEON SYSTEMS & DEVELOPMENTS LTD. 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 2,719 sq.m. (Phase II) and a 6,155.7 sq.m. (Phase III) warehouse addition 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 "8"; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 3 'It . . . . 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 Ministry of Transportation and Nottawasaga Valley Conservation Authority. 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 $200.00. 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. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 2,719 sq.m. (Phase II) and 6,155.7 sq.m. (Phase III) warehouse addition 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: 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". 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 "8", attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and 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) Land$capinQ . 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, in writing, by all Parties. . 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 "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 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 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. 1 O. 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-.....' ) Owner: NAPOLEON SYSTEMS ) & DEVELOPMENTS ) LTD. ) Wolfgang Schroeter ) Has the Authority to Bind the Corporation ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. ) ) ) ) Marilyn P ) 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 Napoleon Systems & Developments Ltd. LEGAL DESCRIPTION OF LANDS Pt. Lot 11, Concession 1; Pt. Lot E, Concession 1; Part Road Allowance between Lots 11 and E, Concession 1, being all of PIN #58552-0009 (Lt). 8 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 Napoleon Systems & Developments Ltd. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Drawings prepared by J. Foster Engineering Ltd. dated April 11, 2003; revised May 26, 2003; approved by R. G. Robinson and Associates (Barrie) Ltd. on June 11,2003. SS-1 Phase 2 Site Servicing Plan SS-2 Phase 3 Site Servicing Plan . SG-1 Phase 2 Site Grading Plan SG-2 Phase 3 Site Grading Plan RD-1 Phase 2 Road Works Plan RD-2 Phase 3 Road Works Plan SEP-2 Phase 3 Sewage Disposal System D-1 Phases 2 & 3 Details and Notes . . 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 Napoleon Systems & Developments Ltd. 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 and Napoleon Systems & Developments Ltd. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 1 .1 Rip rap; asphalt spillway; ditching Remove and replace culverts $ 4,825.00 $ 8,400.00 1 .2 SWMP #2 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. $~ \ 11 __ ~""It. ...11 Credit Compliance Group 1907 Oxford Street East London, Ontario N5V 4L9 Transit #3550 Telephone No. (519)457-5000 Fax No. (519)457-3227 IRREVOCABLE STANDBY LETTER OF CREDIT Date: June 18,2003 The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro ON LOL 2XO We hereby authorize you to draw on The Toronto-Dominion Bank,50 Dunlop Street East Box 220 Barrie, Ontario L4M 4T3, for the account of our customer, Wolf Steel Limited up to an aggregate amount of Sixteen Thousand One Hundred Thirty Five----- 50/100 Dollars ($16,135.50) available on demand as follows: Pursuant to the request of our Customer, we The Toronto-Dominion Bank hereby establish and give to you an irrevocable Standby Letter of Credit (the "Credit'') in your favour in the total amount of Sixteen Thousand One Hundred Thirty Five-----50/100 Dollars ($16,135.50) which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you, which demand we shall honour without inquiring whether you have a right as between yourself and our *stomer to make such demand and without recognizing any claim of our customer. ~ovided, however, that you are to deliver to us at such time as written demand for payment is made upon us a certificate purported to be signed by an authorized officer of The Corporation ofthe Township of Oro-Medonte, agreeing and/or confirming that monies drawn pursuant to this Credit No. 9950340-18 will be retained and used by you to meet our Customer's obligations in connection with the Agreement between the customer, others (if any) and the Beneficiary. The amount of this Credit shall be reduced from time to time as advised by notice in writing given to this branch from time to time by you. This credit will continue to the18th day of June, 2004 and will expire at the Branch address at the close of banking business on that date. It is a condition of this Credit that it shall be deemed to be automatically extended for one year from the present or any future expiration date hereof, unless thirty days before any such date we notify you in writing by Registered Mail that we elect not to consider this Credit renewed for any such additional period. Upon receipt by you of such notice, you may draw by means of your demand accompanied by your written certification, that the amount will be retained and used by you to meet obligations incurred or to be incurred in connection with the Agreement. Partial drawings are permitted. THIS LETTER OF CREDIT IS ISSUED SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY ,REDITS (1993 REVISION), ICC PUBLICATION NO 500. THE TORONTO DOMINION BANK ~ c::2--- -!1Jrv~il ff,))-'i Faye Franze Compliance Officer gp f(22 Mil' . 1'Lf7 KellyF . . Team Lead, Commercial Banking LRO # 51 Notice Under 5.71 Of The Land Titles Act The applicant(s) hereby applies to the Land Registrar. Receipted as SC133059 on 2003 07 17 yyyy mm dd at 14:38 Page 1 of 13 I Properties ariPtion Address 58552 - 0009 L T Estate/Qualifier Fee Simple Lt Conversion Qualified PT L T 11 CON 1 EPR ORO; PT L T E CON 1 EPR ORO; PT RDAL BTN L TS 11 & E CON 1 EPR ORO AS IN R01374390; 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 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Address for Service Box 100 Orc, 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 Service NAPOLEON SYSTEMS & DEVELOPMENTS LTD. ORO-MEDONTE I, WOLFGANG SCHROETER, 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 'irley Joy Partridge I 7057902677 Fax 7054870257 168 Lakeshore Rd. W. RR#1 Oro Station LOL 2EO acting for Applicant(s) Signed 20030717 I Submitted By SHIRLEY PARTRIDGE REGISTRY 168 Lakeshore Rd. W. RR#1 SERVICES INC Oro Station LOL 2EO Tel 7057902677 Fax 7054870257 2003 07 17 I Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 .