2002-027 To Authorize the Execution of a Site Plan Control Agreement Between Heritage Hills Golf Club Limited and The Corporation of the Township of Oro-Medonte
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2002-027
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
Between Heritage Hills Golf Club limited a9d
The Corporation of the Township of Oro-Medonte,
described as lands as follows:
Part of Lot 10 and Lot D, Concession 2
and Road Allowance between Lot 10 and Lot D,
Being Part 1, 51 R-28593, being all of PIN #58552-0065
WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section
41 of The Planning Act, R.S.O., 1990, G. 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 "B", 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 Schedule "A" and Appendix "B" 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 20th DAY OF MARCH, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20 DAY OF March ,2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Acting 20r. J. Neil Craig~
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January, 2002
By-Law No. 2002-
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Schedule 'A' to By-law No.2002-027
APPENDIX "B"
SITE PLAN AGREEMENT
- between -
HERITAGE HILLS GOLF CLUB LIMITED
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of Lot 10 and Lot D, Concession 2 and
Road Allowance between Lots 10 and D
Being Part 1, 51 R-28593
Being all of PIN #58552-0065 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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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 Development Restrictions
Section 4 Development Changes
Section 5 Security
e Section 6 Compliance
Section 7 Co-operation
Section 8 Binding Effect
Section 9 Severability of Clauses
Section 10 Save Harmless
SCHEDULES
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Schedule "A"
Legal Description of Lands
Schedule "B"
Site Plan
Schedule "C"
Deeds and Easements to be Conveyed
Schedule "0"
Itemized Estimate of Cost of Construction
Schedule "E"
Standard Township Letter of Credit
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
2002, in
BETWEEN:
HERITAGE HILLS GOLF CLUB LIMITED
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 an eighteen
(18) hole golf course 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,
including, but not limited to, the Nottawasaga Valley ConseNation Authority,
Ministry of Natural Resources and Ministry of the Environment.
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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
$5,000.00. 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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h) That major golf course construction activity involving the use of heavy equipment
not occur in the critical breeding bird season, which is May to June in the
Northwest forest, with wetland content and central hardwood forest block that
straddles the creek.
i) That no construction activity take place between May and June within 30 metres of
the edge of the wood lot, in particular adjacent to fairways one (1) and thirteen (13),
before 7:00 a.m. and not into summer dusk periods of 8:00 p.m. to 9:00 p.m.
j) That appropriate Base Line Monitoring Stations be set up to identify water quality
prior to and after construction of the golf course.
k)
That the Turf Management Report be implemented to mitigate any adverse
environmental effects such as sediment and runoff losses of turfgrass chemicals,
contamination of groundwater and surface water due to pesticide and chemical
leaching, disruption of existing ecosystems, and impacts on other plants and
animals.
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I) All works shall be in conformity with all applicable provincial and federal legislation,
and also including the federal Fisheries Act.
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m)
That the Owner and the Municipality enter into a Road Agreement to upgrade Gore
Road, from Cashway Road to Line 1 South, under separate Site Plan Agreement
prior to the issuance of 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 an eighteen (18) hole golf
course 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.
c)
That the Township will not issue any building permits for future development of this
site until all Site Plans and specifications have been submitted and approved by
2.c.1 (Ministry of the Environment); 2.c.2 (Ministry of Natural Resources); 2.c.3
(Nottawasaga Valley Conservation Authority) and 2.cA (Township of Oro-
Medonte ).
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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) 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.
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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
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 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.
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f)
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.
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~ 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. 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 "D" to this Agreement (the "said Work"), the
following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost of
e 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.
e 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 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
e 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.
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6.
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.
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.
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.
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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 )
) HERITAGE HILLS GOLF CLUB LIMITED
)
) Owners Names:
) (1
)
)
! BruljSOn
) Don Hanninen
)
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
~ Q, ftJ ~
)JMII~;tm:seudX AC~aYOr,
> ) J. Neil Craig
)
)
) Cler , Maril
)
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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 Heritage Hills Golf
Club Limited.
LEGAL DESCRIPTION OF LANDS
Part of Lot 10 and Lot D, Concession 2 and road allowance between Lots 10 and D,
being Part 1, 51 R-28593, being all of PIN #58552-0065 (Lt), Township of Oro-Medonte,
County of Simcoe.
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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 Heritage Hills Golf
Club Limited.
SITE PLAN
Plan prepared by C. C. Tatham and Associates Ltd., Drawing No.'s OP-1, SP-1 and SP-2
dated July, 2001, revised dated January, 2002 and SAAR Environmental Ltd. Report "Golf
Course Land Use Impact Assessment" dated December 2, 1999.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
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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 Heritage Hills Golf
Club Limited.
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.
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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 "D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Heritage Hills Golf
Club Limited.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1. ITEMIZED 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
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