2008-064 Being a By-law to Amend By-law No. 95-85, Being a By-law to regulate the parking of vehicles (Lakeshore Road)THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO, 2008-64
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte and
Vincent Petrasso and Mauro Cesarone
(as Joint Tenants}
described as lands as follows:
Part of Lot 16, Concession 14, Oro
Fart 3, 51 R18928; Oro-Medonte
Being all of PIN #58548-00$1 (LT}
(3 Small Crescent), Roll #4346-010-005-24182-0040
Township of Oro-Medonte, County of Simcae
WHEREAS authority to enter into Site Plan Control Agreements is prouided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council
deems it necessary to enter into a Site Plan Control Agreement on the lands described
herein;
AND WHEREAS By-Law No. 2005-124, a By-Law to Designate Areas of the Township
as Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.Q., 1990, c. P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Site Plan Control,
pursuant to By-Law No. 2005-124;
NOW THEREFORE the Council of the Township of C}ro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described an the attached Schedule "A";
2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Control
Agreement on behalf of the Corporation of the Township of fro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, G and D" shah form part of
this By-Law;
4. THAT this By-Law steal! take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 2$T" DAY OF MAY, 2008.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28T" DAY OF MAY,
2008.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
,~
Maywot`ir, }i.S. Nughes
~:. m
Clerk, J. Dougfas Irwin
APPENDIX "A"
(By-Law No. 2008-064}
SITE PLAN AGREEMENT
-between -
VINCENT PETRASSt~
-and-
MAURO CESARC~NE
(As Joint Tenants)
- and -
THE CC}RPORATIC}N QF THE
TOWNSHIP OF t~RC}-MEDtJNTE
DESCRIPTION OF LANDS
Part of Lot 16, Concession 14 ORO
Part 3, 51 R18928; ORO-MEDONTE
Being all of PIN #58548-0081 (LT)
(3 SMALL CRESCENT}
Roll #4346-010-005-20182-0000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
May 2008
By-Law No. 2008-064
THE TQWNSHIP t)F ORQ-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CfJNTENTS
Section 1 Covenants by the Qwners
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 PLAN CONTROL. AGREEMENT
This Agreement made, in quadruplicate, this 28th day of May, 2008, in accordance with
Section 41 of the Planning Act.
BETWEEN : VINCENT PETRASSO AND MAURO CESARONE
(As Joint Tenants)
Hereinafter called the "Owners"
PARTY OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter calved the "Township"
PARTY OF THE SECCJND PART
WHEREAS the Qwners have applied to the Township of Oro-Medonte to permit a 451.41
square metre Industrial building 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 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:
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 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 Owners shall, prior to the execution of this Agreement, obtain all necessary
permits and approuals from the Township and from all Ministries and Agencies.
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 shat! 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 acknowledges and
agrees that the Owners shall be responsible for the cast of performance of all the
Owners's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owners is obligated in any way, shah be
deemed to include the wards "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 TransferslDeeds, Discharges
and Easements, or other documents required by Schedule "G", as well as
certification from the Owner's solicitor that the TransferlDeeds and Easements
shall provide the Township with good title, free and clear from all encumbrances.
h} The Owners agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the TownshiplMinistry 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 a 451.41 sq.m. industrial
building 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 an 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) 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 Cade
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 agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe and
Township of Oro-Medonte.
d} Outside Storage /Display
Any outside storage andlor display shall be contained wholly on the subject lands,
and be in compliance with Section 5.2 and Section 5.3 of Zoning By-law 97-95,
and as identified on Schedule "B" of this Agreement.
e) Garbage Storage
The Owners agree to provide suitable storage areas far garbage and waste, and to
install and maintain litter containers in and around development on the lands. All
metal scrap and associated refuse shall be removed on a weekly basis.
f) Landscaping
The Owners shall complete afl 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
erasion and siltation control devices in good repair until vegetative cover has been
successfully established.
4. DEVEL.t?PMENT 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. 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 foNowing securities:
a) Gash in the amount of one hundred percent (100°f°} of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, ar:
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°I°) of the estimated costs of the said works, and as
approved by the Township Engineer. The t_etter 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 ar reject any of these alternative
methods of providing securities. Prior to depositing the securities, the Owner's
Engineer shall submit an estimate of the cast of the works to the Township
Engineer for approval When the cast estimate has been approved, it will be set
out in Schedule "D" of this Agreement and will became 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 ar 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 Owner's agent, certifying that aN 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 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 427 of the Munieipa/Act,
2001, S.O. 2001, c. 25, as amended.
7. CO-OPERATIQN
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 Qwners, 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
ar 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 grass
negligence on the part of the Township, its servants or agents ar 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 }
~1
}per -____
Name: Vincent Petrasso
per -_
Name: Mauro Cesarone
}(As Joint Tenants)
}
}
) The Corporation of the
Township of Oro-Medonte
} per:
H.S. Hughey, Mayor
J,oug~as Irwin, Clerk
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 Vincent Petrasso
and Mauro Cesarone.
LEGAL DESGRlPTION OF LANDS
Part of Lot 1fi, Goncession 14 ORO
Part 3, 51 R18928; ORO-MEDONTE
Being all of PIN #58548-0081 (LT}
(3 SMALL GRESCENT)
Roll #434fi-010-005-20182-0000
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 Vincent Petrasso
and Mauro Cesarane.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Qro-Medonte.
• Drawing No. Al - "Site Plan", Natale Architect, June 2007 (Rev. May 2008}
• Drawing No. A2 - "Floor Plan", Natale Architect, June 2007 (Rev. April 15 2008}
• Drawing No. A3 - "Elevations" Natale Architect, June 2007 (Rev. April 15 2008}
• Drawing No. E-1705 - "Lot Grading and Septic System Design Plan", Dearden & Stanton
Ltd., February 7 2007 (Rev. April 16 2008)
• Drawing No. F-2 - "Fire Fighting Water Supply Tanks & Installation Details", Gunnell
Engineering Ltd., February 28 2007 (Rev. April 8 2008}
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 Vincent Petrasso
and Mauro Cesarone.
DEEDS AND EASEMENTS TO BE GtJNVEYED
All title documents shalt 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 far all conveyances shat! be the sum of Two DoJJars ($Z.OQ) and the
cost of preparation, execution and registration thereof, shall be borne by the Owners.
All documents to be registered shat! be prior approved by the solicitor for the Township.
The fallowing land and easement shall be conveyed:
1.0 LANDS TQ BE GQNVEYED Td THE TQWNSHIP
N/A
2.0 DRAINAGE EASEMENTS TD BE CQNVEYED TO THE TOWNSHIP
N/A
~o
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule farms part of the Site Plan
Agreement between the Township of Qro-Medonte and Vincent Petrasso
and Mauro Cesarone.
ITEMIZED ESTIMATE OF COST QF CONSTRUCTION
1. ITEMIZE CONSTRUCTION ESTIMATE
2. LETTERS 4F CREDIT
Letter of Credit to be provided by the Owners
to ensure completion of all works required
under the terms of this Agreement, as noted
in Sections 1(f} and 5 herein.
AMOUNT
N1A
AMOUNT
$1,OOQ.4Q
(refundable
deposit}
SRO # 51 Notice Under 5.71 Of The land Titles Act
The applicant(s) hereby applies to the Land Registrar.
Receipted as SC653698 on 2008 06 10 at 13:32
yyyy mm dd Page 1 of 12
Properties
PIN 58548 - 0081 LT
Description PT LT 16 GON 14 ORO PT 3 51 R18928; ORO-MEDONTE
Address 3 SMA~I CRESCENT
ORO
Consideration
Gonsideration $ 2.00
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 far Service Box 100, Oro, ON LOI. 2X0
This document is not authorized under Power of Attorney by this party.
This dacument is being authorized by a municipal corporation Harry S. Hughes, Mayor and J. Douglas Irwin, Clerk.
Party To(s) Capacity Share
Name PETRASSO, VINGENT Joint Tenants
Address for Service 3 Small Crescent, Oro-Medonte, ON
This dacument is not authorized under Power of Attarney by this party.
Name CESARONE, MAURO Joint Tenants
Address for Service 3 Small Crescent, Ora-Medonte, ON
This document is not authorized under Power of Attorney by this party.
Statements
This notice is far an indeterminate period
Schedule: See Schedules
Signed By
Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting far Signed 2008 06 09
Oro Station Applicants}
~0~ 2E0
Tel 705-790-2677
Fax 7054870257
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVIGES INC 168 Lakeshore Rd. W. RR#1 2008 06 10
Oro Station
LOL 2E0
Tel 705-790-2677
Fax 7054870257
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client File Number : 1-765