2009-011 Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Melissa Lenna ElliottTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-011
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Melissa Lenna Elliott
described as lands as follows:
West Part of Lot 26, Concession 9, Being Part 3, on Plan 51 R-36216, Being all of
PIN 74032-0222 (LT), 47 Springhome Road East
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. 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., 1994, 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 this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 28TH DAY OF JANUARY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF
JANUARY, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
ayor, . . H ghes
Clerk, J. Douglas Irwin
ApP04I)m 44 97
CaREE'~~"~T
SITE - between .
Ns A eLLJpTT
MEtISC A Ls
and
~IOo OF *T",-:
~E P~yptA O9~:
TO ej)OtATe
T wtASVA1P of j)s
FT1Q, of LAN
~E
Lot 26,
51 R-36216
plan -74032.6222 ~t-T}
Being all of P1N a VAOme
47 Spring 10-06g„68g4Q
~otl # 4346.0
O~,~~ypNTE
TOwNSN1P OF
Y OF SiMCOE
GOVNT
January 1yo4200g'011
8Y l.a
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
Ate'
St,~ Pte` C4NTR01. 2009 S in accordance
te, this 2a~ dal of 3anuarYs
e, in quadruplrca
This Agreement 'ad e Plann'n pct.
,With Section - - °f th
T W E ev ssa henna Eltiott
t~
8 Owner14 OF THE FIRST PA~T
Hereinafter called the
pAR
-and'
D OF ORO4A f-D %T'~
~.~w~gKl
00 of: ~e
~~R~yRpT1
r tailed the ~TownshiP'
Hereinafte
F THE Seca~~ PART
pARV 4
nit construction
of 010_ ~edonte to Pu
Township u „ a°hed hereto,
apPvjedd to . Schedule A designation of the
K,,REA$ the Owner r as lands de il0ed In -law to provide for the
deck and P° enacted a 81
plan
ship has u.
rdance with the Site
of a theTown
AND WHIR 6ntrol Area ' in acc o
elop the
mite Plan 1v lands
lands as e
net intends to de mutual
n
attach sidera kon °f the as follows
AND v4viff as ~~dule th THAT 'n co and agree
hereto en0itnes h herebY RE This A9reem ad;es hereto
NQ~1U SREa pO after contained, the P
'Ovenants here'
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.
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 words "at the expense of the Owner', unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$N/A. 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 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.
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 construction of a deck and porch
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 and/or 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 entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to obtain
all necessary approvals from the Ministry of Transportation, County of Simcoe 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. & 1) and multi-unit locations (six (6) units and over) will not
receive curb side waste collection services from the County of Simcoe. Each I. C.
& I location and multi-unit residential location will be responsible for their own
garbage and recycling disposal.
g) Landscaping
The Owner shall complete all landscaping and landscaped areas shown on 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 all
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 form 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. SEA 17Y deposit, with the Treasurer ofethth Township'
Wing the Agreement, the owner will wanks and services
prior to s►g ice of the obligations of thea~er arising un ti
to cover the fa►thful perfbutormanot limited to the COt~r` said mark"), the following secur►
Agreement, including es:
identified in Scheduled„ to this Agreement percent (100°f°) of the estimat~auncost ci , oor
hundred pe Engineer and
a) he
b the Township with the
Cash in the amount ofiane Township accordance said work, as approved Y
from a chartered bank, issued
clause .in the amount of
I be for works, and as
duler"E" t with an automatic renewal c a minimum
b) An irrevocable Of Letter
o p the estimated costs of the said
requirements
100 /a)of th
accent (100%)'
decides, and shall
one hundred p Engineer. The Letter of CCed't shall
approved by the Township s Prior to expiration.
one (1) Year, or such time 30 the y op nship
guaranteed period of thirty
be renewed automatically, as necessary, any of these alternative 's
ht to accept or reject
the securities, the wnen
Township reserves the rig Prior to depositing
methods of p to the cost of the works to the Township
c) rav'ding securities. roved, it will be set
The neer shall submit an est►ma
hen the cost estimate has been
Engi W o the
a nd will became the basis for the limits
an
Engineer for pi,D" royalof this Agreement
out in Schedule on the estimated
securities. is based up
filed with the Township is Agreement. However, all
d) Any Letter of Credit or security prescribed by this be used, security for
cost of completing the various matters the Township may reement, is the
of the foregoing,
Letters of Credit and security received by
other matter which, under the terms Of this
t limiting the generality
Township}
the
any item or any w►tho
responsibility of the Owner, al, planning ar other casts tincurred erms ot by t Agreement.
engineering, legal, p
of of the owner, under the terms of this g works
payment legal, p
which are the responsibility , certifying that all required
the Owner's agant feted in accordance
by
or its agent that
e) upon written notification the Township d the
ca to ,
Letter of Credit was submidhae by been been c°mpte
for which the on confirmation
with the plans submitted and upon
is Agreement have
the owner's obligations u
Township will return said Letter of Credit. he provisions of this
realize on its se cu
day's
f} if in the event of default of the owner under any oftTownship to twe
nt -one (21) day's
istered mall,
Agreement, it becomes necessary shall for
give, the by reg or deposit,
deposits, then the notice , its intent to draw down on the security
CCDMP - ANCE reement, shall be in
or an its behalf, pursuant to this Ag
the Township guarantee given upon ~ ft of the
Any action taken by re udice to any security or other herein, and
remedy
e To nts and agreements
addition to and without p j wnship shall in addition t°any e Municipal Act,
for the performance of its cover
427 o the
Owner
the provisions Of Section
part of the Owner here to the
available to2Q01, ct. liberty 25, as amended.
2001, S. D
tie
the Township, upon the ti
7. CO--BRAT" "'~1 Agreement by
the registration of this owner and agrees to execute such fu th r and
The owner consents to expense of the Owner far the purpose of s curing
of the subject lands, at the of applications, as required'reement.
other documents, iva g effect to he provisions of this A9
giving
registration and
6
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.
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
} Melissa Lenna Elliott
)Owner
}
}
}
) The Corporation of the
) Township of Oro-Medonte
} per:
)
}
)
J ouglas Irv 'n, Clerk
}
4G ~7
apt of the Site Plan
chedule foMms
and agreed that thi Q aro_Medonte and
It is understO°d the Township
NpTE. Agreement between
LEG A-L De~
LOt 26, plan 5I 74432.4222 (LT)
Seing plt4
B . e Road
47 Sprmgh°p14-Q4g"68904
Roll # 4346'
S
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
SITE PLAN
Site Plan Drawing is available from the Township of Oro-Medonte.
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
SCHEDULE 44D 11
Part of the Site Plan
It is understood an agreed that this schedule Jorms ~ and
NpTE: nt between the Townsh►P of C}r
A9reeme
SUCTION
Gt)ST OF C
tTEM12ED ESTtMpTE {)F OUNT
AM----
TftUGT QN F5-- MATE N/A
1. ITEMIZE CONS
AM1 NT
t-ET___-T QF GR_E
2. by the pwner N/A
rovided aired
Letter of Credit pl~tbon °f all works re as noted
to ensure of this Agreement,
under the terherein.
in Section 5
11
LRO # 51 Notice
The applicant(s) hereby applies to the Land Registrar.
Receipted as SC715419 on 2009 02 02 at 16:34
yyyy mm dd Page 1 of 12
Properties
PIN 74032- 0226 LT
Description W PT LT 26 CON 9 ORO PT 3 51 R36216; ORO-MEDONTE
Address 47 SPRINGHOME ROAD
ORO-MEDONTE
Consideration
Consideration $ 2.00
Applicant(s) I
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 ELLIOTT, MELISSA LENNA Registered Owner
Address for Service 47 Springhome Road, 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
Oro Station Applicant(s)
LOL 2E0
Tel 705-790-2677
Fax 7054870257
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC
168 Lakeshore Rd. W. RR#1
Oro Station
LOL 2E0
Tel 705-790-2677
Fax 7054870257
Signed 2009 02 02
2009 02 02
I Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client File Number: 1.1