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2003-122 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY-LAW NO. 2003-122 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Janet Anne Nyhof and Charles Henry John Nyhof described as lands as follows: Lc)t 21, Registrar's Compiled Plan 1720, (geographic Township of South Orillia) Being all of PIN #58566-0053(Lt) 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; ANI) 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; ANI) WHEREAS the lands referred to in this By-Law are subject to Site Plan Control, pursuant to By-Law No. 94-149; NO~N 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 0" 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 26th day of November, 2003. By-law read a third time and finally passed this 26th day of November, 2003. THE: CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~wt May . J. Neil Craig ~ t' APPENDIX "A" SITE PLAN AGREEMENT - between - JANET ANNE NYHOF - and - CHARLES HENRY JOHN NYHOF - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Lot 21, Registrar's Compiled Plan 1720 Geographic Township of South Orillia Now Township of Oro-Medonte, County of Simcoe Being all of PIN #58566-0053 (Lt) September, 2003 By-Law No. 2003- 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" Schedule "E" 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 Standard Township Letter of Credit 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2003, in BETWEEN: JANET ANNE NYHOFANDCHARLESHENRYJOHN NYHOF Hereinafter called the "Owners" 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 Owners have applied to the Township of Oro-Medonte to permit a 16m x 14m addition to the existing automobile repair shop 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 Owners intend 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 OWNERS The Owners covenant and agree as follows: a) The Owners own the subject lands described in Schedule "A", attached hereto, and have 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 Owners 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 Owners 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 Owners 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 Owners acknowledge and agree that the Owners shall be responsible for the cost of performance of all the Owners' obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owners are obligated in any way, shall be deemed to include the words "at the expense of the Owners", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000.00. The Owners shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owners 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 Owners' 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 16m x 14m addition to the existing automobile repair shop described on the Site Plan. b) That the Township agrees that subject to compliance by the Owners with all relevant Municipal By-laws and Provincial Statutes and Regulations, the Owners 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 Owners 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 interterence 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 Owners agree 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 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) Landscapinq 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. g) 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. 5 5. SECURITY Prior to signing the Agreement, the Owners will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owners 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 Owners' 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 Owners, 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 Owners, 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 Owners' obligations under this Agreement have been completed, the Township will return said Letter of Credit. f) If in the event of default of the Owners 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 Owners for the performance of its covenants and agreements herein, and upon default on the part of the Owners 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 consent to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owners and agree 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 Owners, on behalf of themselves, their 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 ) ) As Joint Tenants ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) )~~~ ) ..( ) ~ eil Craig, Ma r ) ) " ) ) Mari yn 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 Janet Anne Nyhof and Charles Henry John Nyhof. LEGAL DESCRIPTION OF LANDS Lot 21, Registrar's Compiled Plan 1720, Geographic Township of South Orillia, now Township of Oro-Medonte, County of Simcoe, being all of PIN #58566-0053 (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 Janet Anne Nyhof and Charles Henry John Nyhof. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. A-01 Site Plan prepared by Andrew Mcintyre Design and Drafting dated October 29,2003. 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 Janet Anne Nyhof and Charles Henry John Nyhof. 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 Owners. 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 Janet Anne Nyhof and Charles Henry John Nyhof. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 1. 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) ]]