2001-070 To Authorize the Execution of a Site Plan Control Agreement between Heather Janet Owen 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. 2001-70
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
Between Heather Janet Owen and
The Corporation of the Township of Oro-Medonte,
described as lands as follows:
Lot 12, Plan 712, Former Township of Oro
together with a Right-of-Way for all Usual Purposes
Over Block C, according to Registered Plan No. 712
Being All of PIN #58556-0091 (Lt)
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, RS.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. 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, RS.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 22nd DAY OF AUGUST, 2001.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF AUGUST,
2001.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
/'k- /k~
Mayor, Ian Beard
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Cle , Mari n pennycoo . .
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APPENDIX "B"
SITE PLAN AGREEMENT
- between -
HEATHER JANET OWEN
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 12, Plan 712, Former Township of Oro
Together with a Right-of-Way for all Usual Purposes
Over Block C, According to Registered Plan No. 712
Being All of PIN #58556-0091 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
July, 2001
By-Law No. 2001-
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THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
. 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 Compliance
Section 6 Co-operation
Section 7 Binding Effect
Section 8 Severability of Clauses
Section 9 Save Harmless
SCHEDULES
Schedule "A"
Schedule "B"
Legal Description of Lands
Site Plan
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
2001, in
BETWEEN:
HEATHER JANET OWEN
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 addition
to their existing bungalow 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:
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.
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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 County of Simcoe District Health Unit.
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 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.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit an addition to their existing
bungalow 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. 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)
LiQhtinQ
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 save for personal privacy lights.
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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, in
writing, by all Parties.
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5. COMPLIANCE
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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.
6. CO-OPERA TION
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.
7. 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.
8. 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.
9. 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
) (' ~:C/ZU~\_
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) Owner::~_/ .
) HEATHER JANET OWEN
)
) The Corporation of the
) Township of Oro-Medonte
) per:
)
)
) Mayor, Ian Beard
)
)
) Clerk, Marilyn pennycook
)
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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 Heather Janet Owen.
LEGAL DESCRIPTION OF LANDS
Lot 12, Plan 712, former Township of Oro, together with a right-of-way for all usual
purposes over Block C, according to Registered Plan No. 712, being all of PIN #58556-
0091 (Lt).
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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 Heather Janet Owen.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
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APPENDIX "B"
SITE PLAN AGREEMENT
- between-
HEATHER JANET OWEN
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 12, Plan 712, Former Township of Oro
Together with a Right-of-Way for all Usual Purposes
Over Block C, According to Registered Plan No. 712
Being All of PIN #58556-0091 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
July, 2001
By-Law No. 2001-
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