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2000-091 ~ ,J . . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY-LAW NO. 2000-91 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between Charles and Theresa Spears and The Corporation of the Township of Oro-Medonte, described as lands as follows: Part of Lots 1 & 2, Concession 13 Being all of PIN #58531-0027 (Lt) 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.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, 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 15TH DAY OF NOVEMBER, 2000. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF NOVEMBER, 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE /.-~ ~ / Mayor, Ian Beard / /'j '\ . ~ \'~._l,S1 A~_ Acting Clerk, vicki I. Robertson . . . \.... . ... . . " APPENDIX "B" SITE PLAN AGREEMENT - between - CHARLES AND THERESA SPEARS - and - THE CORPORATION OF THE TOWNSIllP OF ORO-MEDONTE July, 2000 By-Law No. 2000- q I DESCRIPTION OF LANDS Part Lots 1 & 2, Concession 13, Being All of PIN 58531-0027 (Lt) TOWNSIllP OF ORO-MEDONTE COUNTY OF SIMCOE .1 ,t . . Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" THE TOWNSIDP OF ORO-MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Covenants by the Owner Covenants by the Township Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Harmless SCHEDULES Legal Description of Lands Site Plan Deeds and Easements to be Conveyed Itemized Estimate of Cost of Construction Standard Township Letter of Credit 2 .' . . SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this Section 41 of the Planning Act. day of 2000, in accordance with BETWEEN: CHARLES AND THERESA SPEARS 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 a Five (5) lot Residential development 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: 3 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. 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 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 works "at the expense of the Owner" unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1000.00. The owner shall replenish the refundable deposit, to its full amount, when the Township submits the expenses and actual costs. g) That there is presently NO mortgage(s) registered against the title to the subject property in favour of the Mortgagee. h) The Owner shall deal directly with all Utilities, Commissions and Companies to obtain all approvals and permits to service the development. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a Five (5) lot Residential development, 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: 4 a) SITE PLAN The use and development of the subjed lands shall be in accordance with and as set out on the Site Plan attached hereto as Schedule "B". . b) DRAINAGE AND LOT GRADING All lots and blocks within the Plan and all lands abutting the Plan shall be graded to drain in accordance with the overall grading plan 300 123 - l.D1 to be prepared by the Owner's Engineer for approval by the Township Engineer and the Simcoe County Distrid Health Unit. Some fill and regrading of lots may be necessary during or after building construdion. The grading Plan shall show aU existing and final grades on lot corners, as well as mid lot elevations, where deemed necessary by the Township Engineer. It is understood and agreed by the parties hereto that drainage of surface water on the lots and blocks on the plan is the sole responsibility of the respective lot owners once the required drainage works have been constructed by the Owner. The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose of the storm swales is to accommodate storm drainage waters from the subjed lot and adjacent lands. No lot owner in the Development shall encumber or impede storm drainage in any manner whatsoever. In the event that the Owner, or any subsequent lot owner , obstructs, impedes, or interferes with the storm drainage flow through any part of the storm swale, or interferes with the acceptance of water from any conneding swales, then the Township shall have the right, if it so elects, to enter upon the subject lands to rectify such problems so that the swales can serve their original purpose. Within the swale area, the Owner, and any subsequent lot owner, shall not, construct any works, remove or permit to be removed any soil from the said swale/easement, excavate, drill, install, erect or permit to be excavated, drilled, installed or ereded in, over, upon, under or through the said swale/easement, any fence, well, foundation, pavement, building or other structure or other installation. The lot owner of any lot in the Development upon which the Township elects to enter for the purpose of rectifying the said work, hereby agrees to indemnify and release the Township from and against all claims, demands, actions or causes of action whatsoever arising as a result of the Township or of its servants or agents entering upon the lands for the purpose of correcting drainage problems. The cost of such work will be for the account of the lot owner. Any invoices not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a like manner as realty taxes, as per section 326 of the Municipal Act. The Owner agrees to deliver a copy of this Clause to each and every prospective purchaser and/or builders obtaining a building permit for any lot or part of a lot. . c) PRESERVATION OF TREES The Owner must preserve all healthy trees within the limits of the Development where possible. If, in the opinion of the Township Engineer, indiscriminate removal of trees takes place within the limits of the Development including road allowances, the Township shall have the option of having a stop work order on construction of the services and/or building on a particular lot where the removal is taking place. Work will 5 . not be allowed to proceed until the Township is satisfied that the practice will not continue and the Owner!Builder agrees to carry out remedial work requested by the Township. A minimum 3.0 metre Natural Buffer is to be preserved as per approved Lot Development Plan prepared by C.C. Tatham and Associates Ltd., dated June 2000, revised July 2000. The Owner agrees to provide a copy of this clause to each and every prospective builder! prospective lot purchaser. d) ACCESS ROADS All access roads must be maintained by the Owner in good repair, acceptable to the Township Engineer and Township Public Works Official during the time of construction, including dust control and the removal of any mud or debris tracked from the development. e) EROSION AND SilTATION CONTROL The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches, culverts, slopes, etc. both within the Development and downstream prior to and. during construction. Failing adequate precautions being taken, the Owner shall be responsible for correcting any damage and paying all maintenance costs resulting therefrom. The Owner agrees to carry out or cause to be carried out the work approved in the Plan, and such work will be certified in writing by the Owner's Engineer and provided to the Township Engineer. The Owner agrees to maintain all erosion and siltation control devices in good repair during construction. f) SIMCOE COUNTY DISTRICT HEALTH UNIT APPROVAL 3.)f)1 ) The Owner further agrees that he or any person, persons, or Corporation claiming title througn the Owner, will not apply for a Building Permit for any part or portion of the said lands or on any lot therein, and no Building Permit shall be issued until Simcoe County District Health Unit approval has been received for the land in question. The Owner's Engineer shall prepare an overall lot development plan for ~pp{oval by the Simcoe County District Health Unit and the Township Engmeer. The plan shall include the following: . a) envelopes for the proposed house and any adjacent structures on each lot; b) an envelope showing the location, size and elevation of the subsurface sewage system on each lot and all pertinent engineering design criteria; c) existing and proposed grades of the disturbed area of lot after building, drainage and sewage works have been completed; d) existing and proposed grades on lot corners and mid lot elevation; e) location and type of proposed drinking water supply; 3.)1)2.) The Owner agrees to advise all prospective lot Developers that a detailed site development plan for each lot may be required to be prepared by a Professional Engineer registered with the Association of Professional Engineers of Ontario, for approval by the Township Engineer, prior to the issuance of a Building Permit for each respective lot. Site development plans which conform to the overall lot 6 ~. development plan at an approved metric scale using metric dimensions and elevations, shall include the following: the location, dimensions and elevations of the proposed dwelling and any structures to be located on the lot, as well as any adjacent structures on the adjacent lot(s); the location, size and elevation of the sewage system; all engineering design criteria and standards pertaining thereto, shall be provided; the location and type of water well including the water service line to the dwelling; the existing and proposed grades of the disturbed area on the lot after building, drainage and sewage works have been completed; the location and grades of any proposed drainage swales; the consultant may be required to check the elevations of the footings of the buildings prior to further construction to ensure conformity with the approved plans noted above; the consultant may be required, prior to the issuance of a Final Inspection Report, to certify to the Simcoe County District Health Unit, in writing, that the foregoing works have been carried out in accordance with the approved plans noted above. a) b) . c) d) e) f) g) The Owner further agrees to construct all works required under Clause 3(b) and as shown on the approved Lot Development Plan and Lot Grading Plans, prepared by C.C. Tatham & Associates Ltd., to the satisfaction of the Simcoe County District Health Unit and Township Engineer. _ The Owner further agrees to advise all prospective lot owners of the requirement, that it may be necessary for the sewage system to be installed prior to construction of the home subsequent to the issuance of a Sewage System Permit. g) REQUIREMENTS FOR BUILDING PERMITS Plans for underground services such as Bell Telephone, Hydro or Natural Gas have been approved. A Certificate Letter and Lot Development Plan has been given by the Developer's Consulting Engineer or a Professional Engineer registered with the Association of Professlonaf Engineers of Ontario, that the building to be erected on any lot or block within the plan, for which a Building Permit has been applied for, is in conformity with the General Location and Cot Grading Plans or has received the approval of the Township Engineer with respect to any variance to the grading plan. The individual Lot Development Plan must be approved by the Township Engineer prior to h;suance of a Building Permit. All dead trees within the limit of the Lots have been removed. Arrangements have been made and approved by the Township for Municipal Address System numbering. (vi) Any development charges have been paid in full in accordance with the applicable development charge by-laws, enacted pursuant to the Development Charges Act, 1997, as well as by-laws enacted pursuant to section 257.53 of the Education Act or alternate arrangement satisfactory to the body enacting the 7 (iii) . (iv) (v) The approval of the plan by the Township or the acceptance by the Township of the works shall not be deemed to give any assurance that the mUnicipal building permits, when applied for, will be issued in respect of the lots or blocks shown on the plan. Notwithstanding th~ foreg~ingr no building permits will be given and the Township may refuse any application until: (i) Simcoe County District Health Unit approvals have been obtained and submitted to the Township. Simcoe County District Health Unit requirements are set out in Clauses 3(b) and 3(f). (ii) development charge by-law have been made and the same has been communicated to the chief building official for the Township of Oro-Medonte in writing by such a body. 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. 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 underthis Agreement, including but not limited to the construction of the works and services identified in Schedule "0" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one-hundred percent (100%) of the estimated cost ofthe 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 "0" of this Agreement and will become 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 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 security or deposits, then the Township shall give by registered mail twenty-one (21) days 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 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 8 a . to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. 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. 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. 9 a . 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 ) ) Charles Spears, Owner ) ) ) --/' ~ ) ~ ~J?~~,~-c.J )Theresa Spears, Owner ) ) The Corporation of the ) Township of Oro-Madonte ) per: ) ) ) Mayor, Ian Beard !6R~, ) Vicki Robertson, Clerk 10 e . NOTE: SCHEDULE "A" It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Charlie and Theresa Spears. LEGAL DESCRIPTION OF LANDS Part Lots 1 & 2, Concession 13, Being All of PIN 58531-0027 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE 11 a . 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 Charles and Theresa Spears. SITE PLAN Lot Development Plan Drawing, LD-1 prepared by C.C. Tatham & Associates Ltd., dated June 2000 Revised Dated July 2000; Site Plan is not in a registerable form and is available from the Townshi~ of Oro-Medonte. 12 - . 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 Charles and Theresa Spears. 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. 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 N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 13 ~ . "' 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 Charles and Theresa Spears. ITEMIZE ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT Re-grade existing ditch Fronting Part 1-5 on Greenwood Ave. as per Lot Development Plan. Prepared by C.C. Tatham & Associates Ltd., dated June 2000 & revised July 2000. $5,000.00 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. $5,000.00 14 PEMfH!C'SHALL B€' .....><.A;TE:R S.rGNE:~ B,vA. .THORI .SIqNit~GDF.A'''/'> . 1',.",,(., ..C(}~ Ii OR fiTIO~il;.....;,':~1;lij~.:;!9~iNSHtP..QF;,.qR./;l7;~~QP,rtrr::"i~r.tl~!:~(t~. 6.1. N~.~ i:;.~;lI~~~;;q ii,., , .'~,~,P.l...~ MYSTB E;..tftn:: S'~tfT:~fR;~g;~Q;,;.g.~~,~11JHE:~ A~~:Qf.'..P!OYfl~~9 r ~..~f,P.~.T8PIR; J~,\T,gR.~f:\l ..~."JB;,; $ERR IC ~ S? .~ t'F$., . 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CONSERVER 51 AVIS BREF/COMPlETEM1s PAR CABLEISWIFT) ~ _ AOVI~ING 8ANKf8ANOUE NOTtFICATRICE 4 - 8RANCHfSUCCURSAlE 443 (3198) . ",'" 81443 (3i98) . ... , '" ~:' (ISSUING BANK NOTE: RETAIN IF ISSUED BY BRleFcABwFuLl CABLElSWIFT) (NOTE A LA BANQUE EMETTRICE : A CONSERVER 51 AVIS BREF/COMPLET EMISPAR CABLEISWIFT) 3 _ ADVISING BANKIBANOUE NOTlFICATRICE 4 - BRANCHISUCCURSALE 1 _ nR'mNAI. ? - r.t ISTOMF.:R !ClIENT e a..~ I)p!,..... ,. r- c ('\.J to to ~.,.,.,..:::t.- 'I. t ii.. u.. o a: f? :::r- r-i >- ...J Z o New Property Identifiers Additional: See 0 Schedule Executions Additional: See 0 Schedule uocument General Form 4 - Land Registration Reform Act """",,,tlU !'tUY. 1992 o (1) Registry 0 (3) Property Identltler(s) / (2) Page 1 of / ~ pages Property Land Titles 0 Block ~?sS-31 (4) Nature of Document 00 ;) 7 C1- r) Additional: See 0 Schedule .' no+/('~ 0-( Ikf-ee P) 11 rLt (5) Consideration niL Dollars $ (6) Description PO(.f 0 {Lo1-) C1 V1d J- COn'ecss/'uY\. /3 TOIA) r1 SJl/'p ~ 0 to - )r[~JIl-fe I -Po V yYUJ( IV ~ '.I 0 W AS. h I f P f Or 0 / t QlA. nf-y JQ S i VV7f. oe k;1e r't C1 / I f}! f1\.P /J;1t} (7) This (8) Redescription : (b) Schedule for: ~~=t New Easement i Additional PlanlSketch 0 i Description 0 Parties 0 Other KI (8) This Document provides as follows: fu Co YPO((),+/D'~ of 'Jiu TQlAJ,!) 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