2008-049 Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Markus Schneider and Sonja Marion SchneiderTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2008-49
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte and
Markus Schneider and Sonja Marion Schneider
(as Joint Tenants}
described as lands as follows:
Part of Lot 1, Concession 7, Oro, as in 801338595
Being all of PIN 58533-0016 {LT)
3224 Line 7 North, Roll # 4346-010-003-27900
Township of Oro-Medonte, County of Simcoe
WHEREAS authority to enter into Site Plan Control Agreements is provided far 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 Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended;
AND WHEREAS the (ands 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:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described an the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement an behalf of the Corporation of the Township of Ora-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 23R° DAY OF APRIL, 2008.
BY-LAW READ A THIRD TIME AND FINALt_Y PASSED THIS 23RD DAY OF APRIL,
2aos.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
.~
Mayor, H.S. Hughes
,,
,-
,, ~,
i f _ -'
C~~rk, J. Douglas Irwin ~~
APPENDIX "A"
to By-law No. 2008-049
SITE PLAN AGREEMENT
-between -
MARKUS SCHNEIDER
SONJA MARION SCHNEIDER
{As joint tenants}
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LAND
PART OF LOT 1, CONCESSION 7 ORO
AS IN 801338595
Being all of PIN 58533-0016 (LT}
3224 LINE 7 NORTH
Roll # 4346-010-003-27900
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
APRIL, 2008
By-Law No. 200$-049
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Section 1 Covenants by the Owners
Section 2 Covenants by the Township
Section 3 Development Restrictions
Section 4
Section 5
Section 6
Section 7
Section $
Section 9
Section 1 Q
Development Changes
Security
Compliance
Go-operation
Binding Effect
Severability of Clauses
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 P1~4N CONTROL. AGREEMENT
This Agreement made, in quadruplicate, this 23rd day of April 2048, in accordance
with Section 41 of the Planning Act.
BETWEEN: MARKUS SGHNEIDER
SONJA MARION SCHNELDER
{As joint tenants)
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 Ora-Nledante to permit asite-
specific home industry on lands described in Schedule "A", attached hereto;
AND WHEREAS the Township has enacted a By-law to provide far 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:
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 far the intended use.
f) The Owners shall pay a refundable deposit far 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 aN the
Owner's 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 $N/A. 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 TransferslDeeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owners solicitor that the TransferlDeeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h) The Owners agree that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township/Ministry of the Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit asite-specific home industry,
as 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:
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". The site-specific home
industry shall be limited to the following:
4
i. The restoration and sale of military jeeps, parts and accessories
ii. The home industry will also permit the repair of military jeeps only. No outside
storage related to the above-noted home industry shall be permitted on the subject
lands
iii. The firing af, or the simulation of firing military weapons on the subject lands shall
be expressly prohibited
iv. Na construction of additional buildings for the home industry shall be permitted
*miiitary jeep(s) is defined as a Universal Jeep produced from 1944 to 1985 up to and
including Model CJ-$*
b) Li htin
All lighting systems installed outside, such as floodlights, shall be directed away
from any adjacent residential use andlar roadway, not to cause interference in any
way.
c} Parking Areas and Drivewa}~
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. Ali entrances
shall be constructed, as in Schedule "B" attached. The Owners agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
i. Nottawasaga Valley Conservation Authority
That the owner shall agree to the parking area remaining unpaved or, if paved, a
detailed Stormwater Management Plan shall be submitted to address resulting
Stormwater quality and quantity issues.
d) Outside Storage
No outside storage shall be permitted between any buildings on the premises and
any street.
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 an the lands. All metal scrap and associated refuse contained in the
fenced compound shall be removed on a weekly basis.
f) Garbage Collection
The Owners acknowledges and agrees that any Industrial, Commercial and
Institutional (I. C. & I) 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) t_andscaping
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 farm of a registered Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of
Confirmation, or notations an Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
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 "D" to this Agreement {the "said Work"), the following securities:
a} Cash in the amount of one hundred percent {100%} of the estimated cast 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 acceptor 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 "D" of this Agreement and will become the basis for the Eimits of
the securities.
d} Any Letter of Creditor 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
far 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 ar 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 427 of the Municipal Act,
20Q1, S.O. 2Q01, c. 25, as amended.
7. CO-OPERATION
The Owners 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.
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 sane
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 orsub-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 ar demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents orsub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorised in that behalf.
;.-
SIGNED, SEALED AND DELIVERED ~ " - ~ ~ ~ _~ ~-
.~ _
)Owner: Markus Schneider
~'
Owner: Sonja Marian Schneider
(as~joint tenants}
The Corporation of the
Township of Oro-Medonte
per:. ~ ~,
} .. ~_~ '
H.S. Hughes, Mayor
-a,.....-. .~.
~ K -s~ t .. _.-
} Doug ~ s Irwin, Clerk
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Qro-Medonte and Markus Schneider
and Sonja Marion Schneider.
LEGAL DESCRIPTION OF LANDS
PART OF LOT 1, CONCESSION 7 ORO
AS IN 801338595
Being all of PIN 58533-0016 {LT}
3224 SINE ?NORTH
Roll # 4346-010-003-27900
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Ora-Medonte and Markus Schneider
and Sonja Marian Schneider.
SITE PLAN
Site Plan drawing "Site Plan" by Traw Associates Inc. dated February 28, 2008 (as
attachment to "Drainage Investigation Report", Trow Associates Inc. dated February 28,
2008) is not in a registerable form and is available from the Township of Oro-Medante.
y
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Qro-Medonte and Markus Schneider
and Sonja Marian Schneider.
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with the
appropriate Lat 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 far all conveyances shall be the sum of Two Dollars t$2.Qt?) 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
N1A
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 Markus Schneider
and Sonja Marion Schneider.
ITEMIZED ESTIMATE OF GOST OF GONSTRUGTION
ITEMIZE C4NSTRUCTI4N ESTIMATE AMOUNT
N/A
2. LETTERS OF CREDIT AMOUNT
Letter of Credit to be provided by the Qwners
to ensure completion of all works required N/A
under the terms of this Agreement, as Hated
in Section 5 herein.
LRO # 51 Notice Under 5.71 Of The Land Titles Act
The applicant{s) hereby applies to the Land Registrar.
Receipted as SC643$63 on 2008 05 02 at 13:46
yyyy mm dd Page 1 of 12
(Properties I
PIN 58533 - 0016 LT
description PT LT 1 CON 7 ORO AS IN 801338595; ORO-MEDONTE
Address 080-MEDONTE
Consideration
Consideration $ 2.00
'Applicant(s) I
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 far Service Box 100, Oro, ON LOL 2X0
This document is not autharized 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.
~ Party To(s) Capacity Share ~
Name SCHNEIDER, MARKUS
Address for Service Oro-Medante
This document is not authorized under Power of Attorney by this party.
Joint Tenants
Name SCHNEIDER, SONJA MARION
Address far Service Oro-Medante
This document is not authorized under Power of Attorney by this party.
Joint Tenants
Statements
This native is far an indeterminate period
Schedule: See Schedules
Signed By
Shirley Jay Partridge 168 Lakeshore Rd. W. RR#1 acting for Signed 2008 05 02
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 2008 05 02
Oro Station
LOL 2E0
Tel 705-790-2677
Fax 7054870257
FeeslTaxeslPayment
Statutory Registration Fee. $60.00
Total Paid $60.00
File Number
Applicant Client Fite Number : 1-752