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2008-104 Site plan control agreement between oro-medonte biosolids facility expansionTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-104 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte (Oro-Medonte Biosolids Storage Facility Expansion, Contract No. 2007-06} and The Corporation of The City of Barrie described as lands as follows: Part of the West Half of Lot 17, Concession 7 (Oro} Being Part 1 of Plan 51 R-17024, Part 1 of Plan 51 R-22925 and Parts 1 and 2 of Plan 51 R-15328. Being all of PIN #58546-0050 (Lt} Roll #4346-010-003-25301, Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.Q., 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. 2008-069, a By-Law to Designate Areas of the Township as Site Plan Contra) 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. 2008-069; NOW THEREFORE the Council of the Township of Qro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Control Agreement attached hereto as Appendix "A", on lands described on 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 Uro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, G and D" shah farm 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 10T" DAY OF SEPTEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 10T" DAY OF SEPTEMBER, 2008. THE CO~POR~4~'ION OF THE TOWNSHIP OF ORO-MEDONTE 111a~ror, H.S." Hughes ~,, Clerlf, J. Douglas Irwin APPENDIX "A" SITE PLAN AGREEMENT -between - THE CORPQRATIQN OF THE CITY C}F BARRIE - and - THE CCIRPQRATIC)N 4F THE TCIWNSHIP t~F QRC~-MEDC}NTE Oro-Medonte Biosoiids Storage Facility Expansion Contract No. 2007-06 DESCRIPTION OF LANDS Part of the West half of Lot 17, Concession 7 (Oro} Being Part 1 of Plan 51 R-17024, Part 1 of Plan 51 R-22925 and Parts 1 and 2 of Plan 51 R-15328. Being all of PIN #58546-0050 (Lt} Roll #4346-010-003-25301 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE July 2008 By-Law No. 2008-104 THE TOWNSHIP OF QRtJ-MEDt~NTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Qwner Section 2 Cavenants by the Township Sectian 3 Development Restrictions Section 4 Development Changes Sectian 5 Security Sectian 6 Compliance Section 7 Ca-operation Sectian 8 Binding Effect Sectian 9 Severability of Clauses Section 10 Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "G" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cast of Construction 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this 16th day of July 2008, in accordance with Section 41 of the Planning Act. BETWEEN: THE CORPORATION OF THE CITY BARRtE Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE GORPORATION 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 the construction of a new building to house additional storage tanks and centrals for the expansion of the Barrie Offsite Biosolids Facility 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 part of a "Site Plan Control Area"; AND WHEREAS the Owner intends to develop the Lands in accordance with the Site Plan drawings referred to in Schedule "B" (the "Approved Plans"}; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as fellows: 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 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 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 and the Approved Plans. 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 Lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable casts 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 $1,OOOAO. 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 TransfersfDeeds, Discharges and Easements, or other documents required by Schedule "C", as well as certification from the Owner's solicitor that the TransferfDeeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h} The Owner agrees 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 the construction of a new building to house additional storage tanks and controls for the expansion of the Barrie Offsite Biasolids Facility as described on the Approved Plans. 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 Lands, in accordance with the Approved Plans subject to the development restrictions contained herein. 3. ~7EVEL.OPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the Lands by the Owner shall be on and subject to the following terms and conditions: a} Site Plan The use and development of the Lands shall be in accordance with and as set out in the Approved Plans. b) t_i hg ting 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 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 entrance shall be kept free and clear of snow and ice and kept adequately drained. All entrances shall be constructed in accordance with the Approved Plans. The Owner agrees to obtain all necessary approvals from the Ministry of Transporkation, County of Simcoe and Township of Oro-Medonte. d} Outside Storage Except during the course of construction being carried out in accordance with the Approved Plans and materials and equipment related to such construction, 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 Approved Plans, 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. f} Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Approved Plans, 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 Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Lands being developed in accordance with the Approved Plans, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVE~UPMENT 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 on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY It is acknowledged and agreed that the Owner is a municipal corporation that has agreed pursuant to Section 10 of this Agreement to indemnify the Township with respect to al( claims, suits, actions and demands which may arise in connection with the obligations of the Owner arising pursuant to this Agreement either directly or indirectly by reason of any work. ar service performed by the Township. In view of this indemnity and the status of the Owner as a municipal corporation, the Township has agreed that no further security is required in the circumstances. 6. C(JMPLIANCE Any action taken by the Township ar 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 far 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 427 of the Municipal Acf, 2001, S. ©. 2001, c. 25, as amended. 7. CQ-4PERATIC}N The Owner consents to the registration of this Agreement by the Township, upon the title of the 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 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 Gourt of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whale or any part thereof, other than the provision sa 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 ar demands was not caused intentionally or through grass negligence on the part of the Township, its servants or agents or sub-contractors. IN WITNESS WHEREOF, the Parties hereunto have afhxed their respective seals under the hands of their proper ofFicers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED The Gorporation of the City of } Barrie } J~ )per: x' ~ ~,~. : ~, _ } Name: ~~~~ ~~rt~~u ~. ASPDEN Title: Mayor ,.,: ', ~ , -~ per: -- ,~ } } } The Corporation of the ~ Township of Oro-Medonte } per: } } - '~~' '~ ~~ M ~- ' ` ., .S. i~~ughes, ~JEayor } ~ _.,~ f:, ,, J. ougia~s Irwa~~, GlerlC } )Name: ~i~~x caxE~ aE~ox~~x Title: ~ ~ ~~ c~~ cvExx ~d./(JG~.B~~G Gi /-!! NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and The Corporation of the City of Barrie. LEGAL DESCRIPTION OF LANDS Part of the West Half of Lot 17, Concession 7(Oro), Township of Ora-Medonte Being Part 1 of Plan 51 R-17024, Part 1 of Plan 51 R-22925 and Parts 1 and 2 of Plan 51 R-15328. Being all of PIN #58546.0050 (Lt} Roll #4346-010-003-25301 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule farms part of the Site Plan Agreement between the Township of Oro-Medonte and The Corporation of the City of Barrie. SITE PLAN Site Plan is not in a registerable form and is available from the Township of fro-Medonte, BO-C-141 -Site Plan (civil) prepared by GH2MHI~L dated July 2007 BO-C-140 -Existing Site Plan (Civil} prepared by CH2MHIL~ dated July 2007 BO-C-142 -Grading, Erosion Control and Drainage Plan (Civil) prepared by CH2MH1~~ dated July 2007 BO-C-143 -Drainage Part Plan (civil) prepared by CH2MHILt_ dated July 2007 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 The Corporation of the City of Barrie. . 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 Twa Do/tars ($Z,QO) and the cost of preparation, execution and registration thereof, shall be borne by the Qwner. 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 NIA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP NIA Io SCHEDULE "D" N®TE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Ora-Medonte and The Corporation of the City of Barrie. ITEMIZED ESTIMATE OF CC3ST QF CQNSTRUCTIC}N 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 Sections 1(f) herein. AMOUNT N/A AMOUNT $1,000.00 (refundable deposit} 11 t_RO # 51 Notice Under 5.71 Of The Land Titles Act Receipted as SC684Q03 on 2008 09 22 at 16:00 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 12 Properties PlN 58546 - 0050 LT Description PCL 17-1 SEC 51-ORO-7; PT W 1i2 LT 17 CON 7 ORO PT 1, 2, 3, 4 & 5, 51R25563 ; ORO-MEDONTE Address ORO-MEDONTE Consideration Consideration $ 2.00 (Appticant(s} ' The notice is based on or affects a valid and existing estate, right, interest or equity in land Name THE CORPORATION OF ORO-MEDONTE Address for Service Box 100, Oro, ON LOl 2X0 This dacument 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, Glerk. Party To(s} Gapacify Share Name THE CORPORATION OF THE CITY OF BARRIE Address for Service Bax 400, Barrie, ON This document is being authorized by a municipal corporation David Aspden, Mayor and Carey deGorter, Deputy City Clerk. This document is not authorized under Power of Attorney by this party. Statements This notice is for an indeterminate period Schedule: See Schedules Signed By Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Signed 2008 09 22 Oro Station Applicants} LOL 2E0 Tel 705-790-2677 Fax 7054870257 Submitted Sy SHIR~EY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 2008 Og 22 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 Fite Number : 1-807