2009-002 Agreement - Site Plan Control - Guest/KimTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-002
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Christopher Guest and Betty Kim
described as lands as follows:
Part of Lot 1, Range 2, Part 5, 51 R-31725
Being all of PIN 58554-0101 (LT)
17 Pemberton Lane
Roll # 4346-010-007-08500
Township of Oro-Medonte, County of Simcoe
and to repeal By-Law No. 2008-119
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. 2008-069, 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.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 Oro-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 on behalf of the Corporation of the Township of Oro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall form part of
this By-Law;
4. THAT By-Law No. 2008-119 is hereby repealed in its entirety;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 14TH DAY OF JANUARY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF
JANUARY, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~ M
C1,; rk, J. c uglas Irwin
44 11
A"ENplX
EW'~'N*' SIT E pLAtA AGO
- between -
PEER G~EST
c ~,!~1ST ANp
SETT,y KOA
and -
VIOS of TVAE
VAE Coftpo?, 0RO"MEt)O%T
10WOVAIP Of
SCRIpTtON QF
pE 5, 51R-3V25
e 2, part l.T))
part of Lot 1
all t of piN 58554"0A01 (Being , Pemberton Lane
# 4348'00-40.7-08500
Bol
TOWt Of SIMGOE
COUNT
3anUaw No 2009-002
BY.La
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
2
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this 14th day of January 2009, in accordance with
Section 41 of the Planning Act.
BETWEEN:
CHRISTOPHER GUEST and
BETTY KIM
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 construction
of a new two storey single detached dwelling 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:
1. COVENANTS BY THE OWNER
Thp Owner covenants and agrees as follows:
a)
b)
C)
d)
e)
f)
g)
h)
The owner owns the subject lands described in d h edle'W', atta h edleg hereto,
and has provided the Township With a Registere containing
description of the subject lands.
the stitle ubject
tot e subject shalnds.
This Agreement may be registered against title to these
take priority over any subsequent registrations against of th No work shall be performed on the lands, nor any use made
or mity wets all subject lands
with respect to the proposed development, except the
provisions of this Agreement.
The owner shall, prior to the execution of tapsdA orm m Ment, in stir es anld necessary
Agenc es,
permits and approvals from the Township
including, but not limited to, the County of Simcoe.
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.
The owner shall pay a refundable deposit for such reasonable costs smap be
involved to the Township in having its solicitor, engineer, planner and st,
reparation, drafting,
any work in connection with this Agreement, including Ownerthe and
execution, and registration of this Agreement. The
agrees that the Owner shall be responsible for the cost of perfo mane o ell he
Owner's obligations hereunder, unless the context o wa shall be
provision of this Agreement, by which h Owner
of the Owner", uin any nless specifically
deemed to include the words at the expense
ll be
itactual s full cost sha
stated otherwise. The refundable deposit for expense deposit and
, to amount, when
The Owner shall Township.
the expenses and actual costs are submitted by the
The Owner shall have delivered to the Township, acl~a Schedule as Dscharges
and Easements, or other documents required by well
certification from the Owner's solicitor that the Transfer/Deeds and Easements shall
provide the Township with good title, free and dear from all
Sewa The Owner agrees that prior to issuance of a Building Permit, the En groSmenm
Permit approval must be received by the Town p
The Owner acknowledges that the lot does not front
or snowplow publ
they salad,
that the Township does not or is not required to maintain
road, that the Township will not take over assume been lta C~rding to he Township
Township public road or street unless it as
standards, then in force, and that the Township is t liable for a~ngyPe m ts' losses
or damages as a consequence of the Township issuing 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 two storey
single detached dwelling as described on the Site Plan.
That the Township agrees that subject to compliance b the tOhe er with all relevant
b)
Municipal By-laws and Provincial Statutes and Regulations, Owner may
proceed to develop the subject lands, as indicated oSite Plan httachied hereto
contained .
as Schedule "B"", subject to the development restrictions
TR1 1045 use o{ the subject lands by the
ANT RES
DEVELOPM and agree that any and conditions:
acknowledge foilo\Mng
The parties hereto and subject to the
Owner shalt be °n with and as
n accordance
shall be i „B it
Sites the subject lands schedule
a} ment of ereto as The use and developattached h away
set out on the Site plan' directed
hts, shall be terlerence in any
such as {ioodlig cause
001111 outs,de, aY, not to
b} stems installed andfor roadw
A11 jightrn adjacent residential use
from any with Sections
way s on#ormityguilding Code
ACeas and privet 11 be constructed an e and Ontario shall be
parkin s sha access areas
driveway
areas and dv No g7-95 ,as amended loading, drained. All e
ntrance
to obtain
areas, adequately
c) All paid 5,20 0# Vk such and
and kept Owner agree
o{ Simc°e and
5.'19 an 191 $6~ and ice a County
attached' T e
Regula#ion and clear snow and ortation,
kept free and in Schhe Mjni s ry o{ Transp
nstructed, as
shat) be CO royals {rom t
ecessary appedonte. ises and
all o n wnship of Orothe preen compound,
d any building the fenced comp
tte be~een
St°ra e ermfi
d} Outside . rage shall be contain ed
storage shall be p
No outside other outside storage
any street. pn Schedule d waste, as
as identified on for garbage an d
e around
e areas I ers in an the
Lora e storage litter Contain e contained in
suitable maintain dated Ce#us
e} Garba S rovide and
Owner agrees top to install ass°
The on the Site Plan, andpli metal scrap an ly basis.
showia ment on the 1 an bs' removed on
deve compound sh
t
mer NNAI no
ienced industrial, C°m Over) oe r
f} ach 1. C
Garba e Collection es and agrees that an six (5} units and
County of s'o their own
caner acknowled9 d multi-unit localionfrom the s onsible
The O C, & 1} an services e re p
collection will b
Instil ~tie°curblside waste
ce ulti_unit residenllai location
& 1 location disposal.
on the
& and m cling sho d wn alt grading
garbage and recy areas
- and landscaped an
her permits, milted,
te shall be
weat sub
bandsca in landsca0fig s
g} comple as soon a drawings
s Schedule „S , lneering
The owner a
ttached a according to any ng
a u
Site Plan,
and sodding reqareas
done on all lawn erosion and
Conlroi ons to prevent Site plan, and
Siltation SsarY precauLi within the aintain all
h to rn een
} Erosion and all nece The Owner agrees
ust take culverts, slopes, cover has b
odd reir until vegetative
The Oentation of dto and and construction. pa
sed► rior to evices in g
downstream p control d
and siltation
erosion established
success#uliy
5
Agreement or
ed by all
T CHANGES no changes to this rov be
pE FELOPMEN es have been app
4. e and agree that there shall be hang reement
ac until such ments to this Ag ending
The parties knawledg hereto, unless and istered Am
art that material amend
of a rag record Memorandum of
the Schedules attached meets may take the form ondenCe,
It is the intention of the amend p e of corT
parties. Such Agreement, exchang drawing s The nature of such of
properly recorded • unregistered En ineering
stances.
Agreement, an Confirmation, or notations depend on circgum the
Township
ant shall the Treasurer of this
amendment ,
with arising under, cV4?IT"Y.
Agreement, the Owner will deposit, 'ices
works and services
signing the obligations of the owner
rmanCe of the obiig
prior to sig faithful pert( ited to the construction of the e the following
to cover the but not limited (the ,fsaid W0%} ork of the estimated cost, the
Agreeme, Schediu e „D„ to this Agreement
ouncil, or,.
t (10 Township
identified n ercen C
punt of one the T w P hip Engineer and issued in with the
a} Cash in the am roved by et of
id work, as app rtered bank, accordance
sa cha as
r of Credit from a utomatic renewal clause and Du. um
irrevocable Lette h „ with an a costs of the s shall Minim
c(ute
An
%100°~} estimated of Credit decides, and shall
wnship t be or
b) requirements of S of the
The Letter
one hundred percent Engineer. as theT Iration•
approved by the Township , or such time 30} days prior to exp
eriod atcaone lly, as yea, thirty
guaranteed per,'
of these alternatiWner,s
be renewed auto m ect any the O
accept or re}
es the right to ositing the securities iownship
resew prior to depositing'
ep works to the . will be set
c} The TOwnshividtng securities cost of the roved,
e
been app
Enginee for the limits oft the
methods °f allosubmit an estimate of th h
r sh n the cost estimate has
come the basis
Engineer for ate rovat. of NNW this Agreement and will b
out in Sche based upon the estimated
securities. Township is Agreement. However, all
filed with the this Ag as security for
rs prescribed by be used
Any Letter of Credi the varioru5 matte, b the Township may Agreement, is the
d) completing receivd by s of tYti of the foCeg
cost oing,
of comp security under the term generality
Letters of Credit and matter. which, without limiting the the
any item Township=
or any , ncluding reement,
Of the Owner Tanning or other costs, eInc
s of his Ag
responsibility ineering, legal, p weer, under the works
payment of eng onsibility of the O that all required
which are the resp agent, certifying completed in accordance
e) r its agent that
iori by the Owner's have been o
submitted ha the Township
Upon written n°ettteraof Credit was nt confirmation hbyave been completed, the
a
for which fthe L ans submitted and upon Teem
with the Plans under this Ag
the Owner's ovisians of this
• will return said Letter of Credit.
Township of the pr its security or
Owner under any to realize on one (21) day's the for the Township il twenty-
If in the event of defes °fecessarY b registered ma
f} Agreement, it bec a shalt give, by or deposit.
deposits, then the Township on the security
notice, its intent to draw down
reement shalt be in
ursuant to this Agven on behalf of the
6. Ca_... M. P- SCE guarantee g default on
Township or °n its behaifor other and upon
security a Ceements herein, other remedy
Any action tod without the prejudice to any nicipei Act,
addition to and anGe of its shah, in addition 4427 of the M
perform cov Tov ns p g
ns of Section
Owner for the to utilize the provisio
art of the Owner h under, the
the p at liberty ended
available to it be c•
25, as am
2001, S.O. 2001,
b
upon the title
the Township such ; further and
RpTt0N on of this Agree and agrees to exe oste of Securing
7 , co---915E istratl er an
eats to the regense of the pwn aired, for the PUrp
The pwner cot`s at the exP as req reement-
or agplicabosons of this Ag
of the subJett lands,
documents, e{{ect to the p
other and giving on the successors
registration aitached
1NG EFFECT ed herein, shall bb g upSctiedUl agreed that
8. "s ping contain lands and it is fu
antand every and upon the lands,
Teem hereto, description of the red title.
This g assigns of the Parties a legal roved and registe °n
and Such Schad repared s app
hereto, Ceement shall be p ant be
this Ag OF CLAUSES of this Agrnot
or provision e shall not af{eso the itie h
SE~E~p~tt 1TY aragrap,
, p other than the provision s
, be invalid,
action clause
sub ect'O nt -jurisdiction ° thereof, OM et t Should any y a art of c or any p
ant as a whole
declared Ceem
validity °f the Rg valid.
declared to be in Ile
nifY and Sa
agrees to rode and demands
SAVE HA'~m~FSS and assigns Suits, actlori or service
and all claims, of any work \Nork
14. successors
its reason complete the
behalf of Itself and against any tty by rtler to matter of
er, on or Indirer sublact
The Cwn TownShap (arise either'anks lof sub contractors I provided the toss
harmless, the hich m Y ants ll or through g
eveery the Township' its jet d under this Agr used Intentiona Y contractors
whats°
pedorme bd torb or demands was not caul ants
or service or eats aJ or sub
s require sere
gL1ltS, C'laa~ of the .TownSYllp, Its seals
such action, the P their respective
negligence on hereunto ave affixed that behalf.
d in the
Of the P artles sauthor
hized 1NNERE4 er 01fice .
1N WITNESS ds °f their prop
gW~,er:
under the han her~Guest,
ANp pELIyERED . Christ°p
SiGNEa' SEAI-EU }
}Betty Kirn,
}
}
} °f the
The C°rp°rf On rostAed°nte
} Township °
}
} per'
} ugheS Ray
} '-~,1Cwirt}Clerk
}
"I
cc
SCHEDjJLe A
greed that this Schedule forms pad of the Site Plan
ood and afire hiP of Gro-Medonte and
Np't'E: it ~ regiment be~een the -howns
Ag
SCRip11 N 0v
LEGAL r
e 2, part 5p 51R.31721
Part of Lot j' Rannge 2, ,0i (LT) of Pj% Being aban Lane
V pe bert 010.007'08500
Ro11 #
s
SCHEDULE it B!!
Part of the Site Plan
d and agreed that this are Medonte and
Of
NOTE- It is understoa Agreement between the Townshrp
Associates dated tune 2008 is not in a
SITS John D. Bell
L_1 prepared by of Oro-Medonte.
Site Plan drawing
Ie farm and is available from the Township
Cegisterab
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
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
10
scHe°Ut'J.. iia
art o1 the Site Plan
educe dorms Pa
this Sch edente and
and agreed of pro -M
it is understood
NOTE : pgreement between
AMA
TR~GTIONS~TiN1A.-T
S NSA
x5v1Z~ CON
LETTERS a ~R~.- b j Owner Nip,
rovided aired
CCedW to be of all works req oted
Letter of completion reen'tent, as n
to ensure s of this A9
under the term
in Section 5 herein.
11
LRO # 51 Notice Receipted as SC713639 on 2009 01 22 at 15:12
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN 58554 - 0101 LT
Description PT LT 1 RANGE 1 ORO PTS 4 & 5 51 R31725, S/T & T/W R01 138468; ORO-MEDON TE
Address 17 PEMBERTON LANE
ORO-MEDONTE
Consideration
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 for Service Box 100, Oro, ON LOL 2X0
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Harry S. Hughes, Mayor and J. Douglas Irwin, Clerk.
Party To(s) Capacity Share
Name GUEST, CHRISTOPHER Joint Tenants
Address for Service 17 Pemberton Lane, Oro-Medonte, ON
This document is not authorized under Power of Attorney by this party.
Name KIM, BETTY Joint Tenants
Address for Service 17 Pemberton Lane, Oro-Medonte, ON
This document 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 for an indeterminate period
Schedule: See Schedules
Signed By
Shirley Joy Partridge
168 Lakeshore Rd. W. RR#1 acting for Signed 2009 01 22
Oro Station Applicant(s)
LOL 2EO
Tel 705-790-2677
Fax 7054870257
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC
168 Lakeshore Rd. W. RR#1 2009 01 22
Oro Station
LOL 2EO
Tel 705-790-2677
Fax 7054870257
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
01 22 at 15.12
113639 on 20Q9 Page 2 of 2
Rece►pted as SC YYYY mm dd
~------i
~ 51 Notice Registrar,
by applies to the Land ,pplicant(s) here
le Number 1-852
'plicant Client File Number