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2008-161 Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Adam Joseph DuivenvoordenTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2008-161 z A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Adam Joseph Duivenvoorden described as lands as follows: Part of Lot 15, Concession 5 (Oro) Being Part 1 of Plan 51 R-35353, Being all of PIN #58525-0173 (Lt) Roll #4346-020- 002-07710, Township of Oro-Medonte, County of Simcoe And to Repeal By-Law No. 2008-115 WHEREAS authority to enter into Site Plan Gontrol 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 Gontrol 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 Control Areas, was passed by Gouncil for the Township of Oro-Medonte, pursuant to the provisions of The Planning Act, R.S.Q., 1990, c. P. i 3, as amended; AND WHEREAS the lands referred to in this By-haw are subject to Site Plan Gontrol, pursuant to By-Law No. 2008-069; NOW THEREFORE the Gouncil of the Township of Oro-Medonte hereby enacts as follows: 1. THAT the Township enter into the Site Plan Gontrol Agreement attached hereto as Appendix "A", an lands described on the attached Schedule "A"; 2. THAT the Mayor and Clerk are hereby authorized to execute the Site Plan Gontrol Agreement on behalf of the Corporation of the Township of Oro-Medonte; 3. THAT the attached Appendix "A" and Schedules "A, B, G and D" shall form part of this By-Law; 4. THAT By-law 2008-115 is hereby repealed in its entirety; 5. THAT this By-Law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THiS 2fiT" DAY OF NOVEMBER, 2008. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 26T" DAY OF NOVEMBER, 200$. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ! ,, _. Mayor, H:~. Hughes /~ - .~ , Clerk, J. Douglas Irwin APPENDIX "A" SITE PLAN AGREEMENT - between - ADAM JOSEPH DUIVENVOORDEN -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of Lot 15, Concession 5, being Part 1 on Plan 51 R-35353 Being all of PIN 58525-0173 (LT) 5379 i_ine 4 North Roll # 4346-020-002-07700 TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE August, 2008 By-Law No. 2008-161 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 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 a SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this 26"' day of November, 2008, in accordance with Section 41 of the Planning Act. BETWEEN: ADAM JOSEPH DUIVENVOORDEN 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 Ora-Medonte to permit construction of a new single detached dwelling on lands described in Schedule "A", attached hereto; AND WHEREAS the Township has enacted a By-law to prouide 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 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 Gounty of Simcoe. 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 sha(I be responsible far 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 far expenses and actual cost shall be $NlA. 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 TransferslDeeds, Discharges and Easements, ar other documents required by Schedule "C", as well as certification from the Owner's solicitor that the TransferlDeeds and Easements shall provide the Township with goad 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 TawnshiplMinistry 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 construction of a new single detached dwelling 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 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 andlor 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 #419186, 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 Owner agrees to obtain all necessary approvals from the Ministry of Transportation,. County of Simcae and Township of Oro-Medonte. d) Outside Storage 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 Site Plan, 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) Garbage Collection The Owner 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. ca(lectian services from the County of Simcae. Each 1. C. & I location and multi-unit residential location will be responsible far their own garbage and recycling disposal. g) Landscaping The Owner shall complete all landscaping and landscaped areas shown an 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 Owner 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 Owner agrees to maintain ail 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 on Engineering drawings. The nature of such record of amendment shall depend on circumstances. 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 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 (104%) of the estimated cost 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 (104%) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Gredit 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 Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer far approval When the cost 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 Gredit or security filed with the Township is based upon the estimated cost of completing the variousmatters 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 Owner's 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 wiN 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 }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 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 427 of the Municipal Act, 2001, S.O.2001, c. 25, as amended. 7. CO-OPERATION 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 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 or demands was not caused intentionally or through gross negligence on the part of the Township, its servants oragents orsub-contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seats under the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ,_ ~ , ~~ Adam Joseph Duivenvaorden, Owner Owner: The Corporation of the Township of Oro-Medonte J. t~ouglas Irwin, Cterk ~ ~' 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 LEGAL DESCRIPTION OF LANDS Part of Lot 15, Concession 5, being Part 1 on Plan 51 R-35353 Being all of PIN 58525-0173 (LT) 5379 Line 4 North Roll # 4346-020-002-07700 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of fJro-Medonte and SITE PLAN Site Plan Drawing A-1 prepared by Custom CADD dated March 2008 is not in a registerable form and is available from the Township of Qro-Medonte. 9 SCHEDULE "C" NOTEa It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medante and 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.Q~) 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 SGNEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Qro-Medonte and ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT NIA 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required N!A under the terms of this Agreement, as noted in Section 5 herein. LRO # 51 Notice The applicant(s) hereby applies to the Land Registrar. Receipted as SG703443 on 2008 12 01 at 14:35 yyyy mm dd Page 1 of 12 Properties P/N 58525 - 0184 LT Description PT LT 15 CON 5 MEDONTE BEING PT 1 PL 51R35353; ORO-MEDONTE Address ORO-MEDONTE Gonsideration Consideration $ 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 COL 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, Mayar and J. Douglas Irwin, Clerk. ~ Party Ta(s) Capacity Share ~ Name DUIVENVOORDEN, ADAM JOSEPH Registered Owner Address for Service Oro-Medonte This dacument is not authorized under Power of Attorney by this party. Statements This notice is pursuant to Section 71 of the Land Titles Act. This notice is far an indeterminate period Schedule: See Schedules Signed By Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Signed 2008 12 01 Oro Station Applicant(s) L0~ 2E0 Tel 705-790-2677 Fax 7054870257 Submitted By SHIRLEY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 2008 12 02 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 Glient File Number : 1-839