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2007-089 Site plan control agreement with Gary Despres and Gabriele HimmeroederTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2007-089 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Gary Despres and Gabriele Himmeroeder (as Joint Tenants) described as lands as follows: Part East 1/z of Lot 24, Concession 11 Being Part 2, 51 R-14728 Being all of PIN #58561-0140 (Lt) Roll #4346-010-011-07600-0000 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 Ora-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: i . 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 AND SECOND TIME THIS 15T" DAY OF AUGUST, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF AUGUST, 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE S~ Mayor, H.S. H hes CI , J. ougi Irwin APPENDIX "A„ To By-Law No. 2007-089 SITE PLAN AGREEMENT - between - GARY DESPRES - and - GABRIELE HIMMEROEDER (AS JOINT TENANTS) - and - OF TviE MEDONTE TION THE CORD OF O O TOWNSHIP DESCRIPTION OF LAND Part East'/2 of Lot 24, Concession 11 Being part 2, 51 R-14728 Being all of PIN #58561-0140 (Lt) Roll #4346-010-Oif-07600-0000 -TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE August, 2007 By-Law No- 2007-089 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 "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction 2 SITE PI-AN CONT G'i~ 7 in accordance T" daY of August, 200 , uadruglicate, this 15 reement made, in 4 . Act. This Aection 41 of the Pl ann~n Ato with S KItOA ROEpER GARY DESPRESNTS} GABRIELE BETWEEN'. (AS JOINTTENA „Owners" ~tRS-I pA1~T Kereinafter called the PARTY OF THE -and- F TKE TOtM1►NSKIP OP ORO"MECONTE TKE CORPORATION 0 t " ereinafter called the "Township PARTY OF TKE SECOND PART wnshiq of Oro. lee A"nattached he epb rch have applied to descrithe Tobed in Schedu of the law to provide for the designation andEde~kS on the the Oewxistiners ng house on lands enacted a ey ordance with the Site Plan AND WHEREAS the Township has Control Area , in acc Site Plan the lands lands as a ners intend to develop the the ,B consideration of trie ANQ ~KEREAS r edule Tin nt and agree as hereto as S eni W itnesseth THherebY covena attached Teem hereto ow TKEREpORE This A9 the parties NO hereinafter cont'ned, covenants follows: E OWNERS 1. C~v~ gy TH attached hereto, as faliowsSchedule the legal versant and agree described in deed containing The Owners co sublect lands istered and shall own the eg d the Township with a p The owners ect lands an a) and have Provide subject lands these sublto the sublect lands- 8) of the ainst title to ainst the title descrip may be registered egistratioris ag of the subject lands reement use made with all the over any b) This Ag subsequent lands, nor any conformity take priority on the except in med edor osed development, No work shall bfhe prop obtain all necessary c) resp echo reement• Agreement and Agencies, this A9 of this with of executron provisions to e and from all Ministries The Owners shaloPalssfrom the e Town county ship of Simcoe. all municipal taxes th d) its and aAP ited to, reement, P for the intended use perm but not lim 01 this Ag lands including, execution royal of these as may be all, Prior to the the app er{orm The Owners sh to obtaining ositfor such reaso f Abner and costs staff, P drafting, e) charges related engineer, Planner d and a refundable its solicitor, the PT owledge an Owners Shall pay to having ent, includi The ng ackn of all the f) TownshiP this Agreem Owners erformance with reement. The st of p Every ianYlwO k the connection of this Ag for the c0 wires. shall in ation responsible is way. any e req and registration be context 0th obligated inunless execution, der, unless the Owners are H ers , and actual cost agree that the Owners Is hereun by which the of the r e enses Owners oblig • reemen wt ords at the expense sit fo of this M r xP to its It 11 le dePo deposit, to its S IP' e provisioned to include the -the refun refundable p the . lenish the re submitted by be deem stated otherwise hall specificaN The Owners s rep eeds, pischar9es d actual costs a welt as N1A the expe rises an sferslD shall be S Township, all Tran eats amount, when b Schedule "C ' as Easem Ces bran shall have delivered ents hequired by eeds and Owners docum TransferlD all e ts or n0um fee and clear from stem en, °tOwners solicitor that l be g) The d Easem with good title, Sewage System cert from the ship of a building permit, a vironrn an ification Town in. try of the En shall provide the Prior to issuance hi IM ree that P the Towns P an improved public road, said The Owners a9 st be received by lot does not tront on a h) the sa Perm royal Mu maintain or snowplow road a Township cknowledge that is not required to m e the private injuries, The Owners a does not or over or assum ccarding t0 losses it has been built a for any i at the TownshiP ship w not not take of liable permit. that g Town nship is . a Buil in d road, that the or stree{hat the TOw issuing Township public road of the Township then in force, and nce standards, as a conseq Or damages T~WNgHtP Y THE deck on the 2 EpVENANIS B and agrees as foiloaw to permit a porch and The Township covenants enacted a BY' with alt the Site Plan. the Owners Owners That the house Town descr bed on compliance and bYRegulations, the a) existing the Site Plan attached agrees that subje ct to Statutes ial e Township laws and Provinc as indicated on s contained herein b) That ttr uniCipal By, sublect lands, nt restriction relevant M develop the ect to the deveIOPme may proceed to subl hereto as Schedule B S subject lands by the TRfCStONS use 01 the 3 QEVE1-0?MEN"f RE e and agree that any terms andconditions. acknowleegtto the following Parties hereto and subj The n Owners shall be o a 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) 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 Owners agree to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. d) Outside Storage 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) Garbage Storage The Owners agree 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) Garbage Collection The Owner acknowledges and agrees that any Industrial, Commercial and Institutional (I. C. & 1) and multi-unit locations (six (6) units and over) will not receive curb side waste collection services from the County of Simcoe. Each I. C. & I location and multi-unit residential location will be responsible for their own garbage and recycling disposal. g) Landscaping The Owners 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. h) Erosion and Siltation Control The Owners 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 Owners agree 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. with the Treasurer of the ers under osit, of the Owners ices 5• SECS the Own will dep services the °biigations works and Wing the Agreemernt, erforrnance of securities'. faithfu4 p construction of the following prior to sig but not limited to ll" c „said W ork' Township, to cover the ( cost of the ent, including yearnent estimated this Agreem to this Ag 100%~ of the Coun ide cil, orl ntified In Schedule ` p Went { Township hundred P Engineer and with Cash in the amount of one the Township . accordanc amount a) as approved by bank, issued' said work, a chartered 1 clause in the as Credit from automatic renew a said works, and Letter of edule "E", vnth an costs of the {or a minimum An irrevocablen s of Sch 14©ojo) of the estimated and b) the requirem ercent ( The Letter of CredQWnshipe decides, iration. hundred p ineer• tune as the n°r to exp of one b the Township En ear or such thirty l30) days P approved Y eriod of one (i) Y ecessary, guaranteed P automatically, as n ect any of these alternative the securities, the Owners' shalt be renewed ht to accept depositing SOP s the rig Prior to deor rej p orks to the `Town Township reserve roved, it will be set The cl of Providing securities• of the cost of the wbeen aPP , its of has methods it an estimate e the basis for the limits shall su o " val W hen the cost esti w 1t becom of this Agree ment and engineer for app on the estimated out in Schedule p is based up However, all with the TOWnsh1P reement. the securities. {pled cr'bed by this Ag be used as security security matters Pies ownship may , reement isthe d) Any Letter of Credi the variou ived s s of this Ag • the completing $ecurity rece bunder the tern the generalltY cost of tter which, in9 Letters of Credit another Ina Without limit s of this tem or any including legal, Planning or other costs incurred by the for anY i the Owners, of respons, ',I ayrnent of engineennstbility the Owners, under the foregoing, which are the resp uired works T, certifying that all completed ireqn acco reement rdance ow nship the Owners'age nt, been ent that Ag. otification fitted hav b the Township or its e ,Pon written n edit was subm completed, the e} the Letter of C on confirm ennt have been for which submitted and uP. reem 'obligations under this C edit. of this With the Plans the Owners said Letter of o{ to the provisions TOwnshlp will return any realize on its security ay's Owners under Township enty one for thb registered mall , tw in the event of default °ecessarY five, Y osit. f) reement, it becom shall g e security or dep Ag then the do do non deposits, draw notice, its intent to shall be m this Agreement, If of the 6 pQMP suant to given on beha or on its behalf, Put uarantee and upon default on Township security or other gents here's, other remedy T taken by the to any and agreem to any ai Apt, out prejudice shall in addi42~ of the Municip Any action and vditI addition to an edormance of its cov T wnship Owners for the p the provisions of section of the Owners hereunder, the ze the Part to it be at liberrY to ut ili c. 25 , asamended• availableO 20p1 ° on the title 2001, S' the [ownship,up and TtON ent by execute such further an of securing 7 Gp ~p~on of this Agreem dagree to consent to the registrat ense of the Owners an d, for the purpose The Owners at the e)(P tications, as require ree Of the ment. subject la) ds, rhos, Ins of this Ag merits, conseflect to he p other docum registration and giving 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 Owners, on behalf of itself, its successors and assigns, agree 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 ) / ~ t-4 Owner: Gary Despres Owner: Gabriele Himmeroeder The Corporation of the Township of Oro-Medonte per: x )0,1, )L H.S. Hug es, MI` yor J. oug g't in, erk SCHEDULE «A„ art of the site Plan of Oro Medonte and Gant QespreS and It is understood and agreTo nshi p Schedule forms g NOTE' Agreement between the Gabriele Himmeroeder. 14, 147281 being all of PIN L DESCRIPSIQN QF lA 11, being part 2, 51R- t EGA of Lot 24, concession 07600-0000 Part East'/2 Roll #4346.010'0 11- #58561-0140 (Lt), S~~C~~` ~ ts+~tf Schedule forms Part of thpe prey and and agreed that t P of ire Medonte and Gary It is understood ee Agree n the'Cown NOTE ment be eroeder. Gabriele N~mm vailabie from the Township of Oro-~ed°nte. SfT~ isterabte form and is a not in a reg Site plan 15 if 77 SCHEDULE C that this Schedule forms Part oft De Ares and and agreed _lvledornte and Gary It is understood the Township of Oro ROTE: Agreement between Nimmeroeder. Gabriele CONS w the parties, ith ent, the and the DS AHD EASEMENTS TO Be executed by of the docum arties D EE drawn and description docu ate is for the p ents shall be pr Number i erly nserted ~n the the solicito All Num left blank, to be inserted by Black title ~t or shall be ber assigned' the appropri umber 2.00 nanders. d and a plan NUM Dollars ad plan N lstere of Two the O register re w lan is g the sum of I borne qY after the P arices shall be of shall be , Township. for all conveand registration there execution roved by the solicitor for the The Consideration cost of preparation' rior apP ents to be registered shall be g ed: T nvey All docum easement shall be co he fallowing land and 1A LAN*S E TO B THE Tom" iP COB~EYEp TO NlA 2.0 t4lA io SCxEDULE ficD 77 Pkan dine forms pad o{ thpe Ypres and Sctle It is understood and he e own hip of Oro-Medonte and Gary t4pTE: A9reee ~ ,mmeeo der. Gabri of COST O TF, ON ITEWtIZED ESTIMATE AMA ESTIMA; E NIA ITEMIZE CONSTRUCTION AMA 4 ETOF" --'T b the Owners NIA 2 rovided Y aired Credi to on o{ all works re as noted letter o{ reement, this 9 to ensure te1rms o{ A under the in Section 5 herein. tit LRO # 51 Notice Under S.71 Of The Land Titles Act The applicant(s) hereby applies to the Land Registrar. Receipted as SC574751 on 2007 08 20 at 12:16 yyyy mm dd Page 1 of 1 I Properties PIN 58561 - 0140 LT Description PT E 1/2 LT 24 CON 11 ORO PT 2,511914728; ORO-MEDONTE Address 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, 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. I Party TO(s) Capacity Share Name DESPRES, GARY Joint Tenants Address for Service Oro-Medonte This document is not authorized under Power of Attorney by this party. Name HIMMEROEDER, GABRIELE Joint Tenants Address for Service Oro-Medonte This document is not authorized under Power of Attorney by this party. Statements This notice is for an indeterminate period Schedule: See Schedules Signed By Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Signed 2007 08 20 Oro Station Applicant(s) LOL 2E0 Tel 705-790-2677 Fax 7054870257 Submitted By ' SHIRLEY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 2007 08 20 Oro Station LOL 2E0 Tel 705-790-2677 Fax 7054870257 I Fees/Taxes/Payment Statutory Registration Fee $60.00 Total Paid $60.00 File Number Applicant Client File Number: 1-645