2002-039 To Authorize the Execution of a Site Plan Control Agreement between Larry Dare and Joyce Dare and the Township of Oro-Medonte
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2002-039
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Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
Between Larry and Joyce Dare and
The Corporation of the Township of Oro-Medonte,
described as lands as follows:
pt. E. pt. Lot. 1, Cone. 1,
Being Parts 4 and 16, 51R-28412
being all of PIN # 58554-0075 (Lt)
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;
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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 JIB", on lands described on the attached Schedule JI 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;
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3. THAT the attached Schedule JlA" and Appendix JIB" 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 17th DAY OF APRIL, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 17th DAY OF APRIL,
2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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On..." Ontario
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APPENDIX "8"
SITE PLAN AGREEMENT
- between -
LARRY GARTH DARE
-AND-
JOYCE NANCY DARE
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
pt. E, pt. Lot 1, Concession 1,
Being Parts 4 and 16, 51R-28412,
Being all of PIN #58554-0075 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
March, 2002
By-Law No. 2002- 039
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
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TABLE OF CONTENTS
Section 1 Covenants by the Owner
Section 2 Covenants by the Township
Section 3 Covenants by the Owner and Township
Section 4 Development Restrictions
Section 5 Development Changes
Section 6 Security
Section 7 Compliance
e Section 8 Co-operation
Section 9 Binding Effect
Section 10 Severability of Clauses
Section 11 Save Harmless
SCHEDULES
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "0"
e 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
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this 11 day of Mf-II....
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
LARRY GARTH DARE AND JOYCE NANCY DARE
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 Township and the Owner have, pursuant to Section 41 of the Planning
Act, entered into a Site Plan Agreement regarding development of the subject land;
AND WHEREAS the Township has approved, pursuant to Section 41 of the Planning Act,
site plans regarding development of a portion of the first site plan, as described in
Schedule "An attached, for single family uses;
AND WHEREAS the Township intends for the within agreement to supersede the first
Site Plan only insofar as it relates to the lands described in Schedule "A", which former
approval and agreement shall otherwise remain in full force and effect;
AND WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a
residential home 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:
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1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
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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.
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.
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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.
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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 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.
3. COVENANTS BY THE OWNER AND TOWNSHIP
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The parties agree that the within agreement and the site plan approval of the Township,
pursuant to Section 41 of the Planning Act, given on March 7, 2002, shall supersede the
site plan approval, pursuant to Section 41 of the Planning Act, provided by the Township
on March 3, 1999 and the Site Plan Agreement dated March 3, 1999, insofar as if affects
the subject lands only. In all other respects, the former site plan approval continues to
apply.
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4. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by the
e 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) 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 Owner agrees to obtain all necessary approvals from the
Ministry of Transportation, County of Simcoe and Township of Oro-
Medonte.
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d) Garbage Storage
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.
e) Landscaping
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.
5. DEVELOPMENT CHANGES
e 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.
6. 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 approved by the Site Plan Committee 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. 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.
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c) The Township reserves the right to accept or reject any of these alternative
methods of providing securities. When approved, it will be set out in Schedule "D"
of this Agreement and will become the basis for the limits of the securities.
d)
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 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 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) days
notice, its intent to draw down on the security or deposit.
7. 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,
RS.O. 1980, Chapter 302, as amended.
8. 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.
9. 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.
10. 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.
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11. 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
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) Owner:
) LARRY GARTH DARE
)
)
)
) Or net.
:.
) JO CE NANCY DARE
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
)
)
)
)
)
)
) Clerk, Mar yn Penny
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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 Larry and Joyce
Dare.
LEGAL DESCRIPTION OF LANDS
pt. E, pt. Lot 1, Concession 1, being Parts 4 and 16, 51 R-28412, being all of PI N
#58554-0075 (Lt), Township of Oro-Medonte, County of Simcoe.
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NOTE:
SITE PLAN
SCHEDULE "8"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Larry and Joyce
Dare.
Site Plan A2 prepared by Robertson Architects and Associates dated January 22, 2002.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
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SCHEDULE "C"
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NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Larry and Joyce
Dare.
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.
e 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
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SCHEDULE "0"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Larry and Joyce
Dare.
NOTE:
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
2.
LETTERS OF CREDIT
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 6 herein.
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AMOUNT
AMOUNT
$800.00