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2009-014 Site Plan Control Agreement between the Township of Oro-Medonte and Ontario 2008628THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2009-014 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and 2008628 Ontario Ltd. described as lands as follows: Part of East half of Lot 3, Concession 7, parts 1, 2 &3, Plan 51R31839, being PIN 58533-0214 (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. 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.Q., 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 taro-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 117" DAY OF FEBRUARY, 2009. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 117" DAY OF FEBRUARY, 2009. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. Hughes Clerk, J. Douglas Irwin AppetAom 46 ~S x ~EMEN'T PL~`~ A5ITS betty eel , ,,(,a$62a OOTALFkjo . and - p~yRATIO~ ~F ptiT 'TVAE COI OF OFt TOVNSKIp SCR~p't101~ O ~ 818818397 being PIN 7, parts 1, 23,~ountY of Simooe of 3, Concass. iOn t ~a1f of TownshlP ° pro-Marlon s part of Eas 58533.0214 (1.T}, 1P OF CRQ-Mf C014TE T°wNSH ,i of: sIMC cQUN-r Januarw NQ x,009-014 gy 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 11th day of February, 2009, in accordance with Section 41 of the Planninq Act. BETWEEN: 2008628 Ontario Ltd. 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 deck and porch 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 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. & 1 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. of the T°wnship, ith fiTCeasur ender ~tTY er will deposit, wO ner arising ets 5. SC_~ ent, the awn atioos of the works all wing securities: pgreem of the obttg ruction of the the for st Wing to ance to the o th or" th prior to g ertorm Construction { the faithful P not limited ent the said NN led cost o to cover the but no Ceem estima of ent, including to this A9 gg4~o~ of the ship Council, Agreem chedule " ercent Town identified in S hundred p hip Englneer and with the aunt °t one n ccordance Cash in the am roved by theTow bank, issued In accord the amount of chadered war clause as a} said `pork, as pp roved Cedit from automatic tens said works, a minimum etter of C "E:, with an a aced costs of the ll be for a and shall b} An irrevocable chedule of the estimated of CCedtt sh hip decides, requirements of The beer the Town iration. ercent Township log Engineer. time as days prior to eXP one hundred he Township ear Of such . approved by eriod of Of le (A) , a ynecessary, th1rtY t altemative guaranteed p aticalty as ect any of the es, the Owner s be renewed autom t to accept Of ter the secu wnship the nigh depositing works to the Tod it will be set wnship reserves rides prior to cost of the rove of the secu of the C m has been aPP for the methods limits c} TheToof provid ing eslif he cost estim wilt ate become the basis E.ogineer faatl saPPubr°vmait l. an t meat and ated Engineer 4, of this pgvee the estim Schedule based upon "owever, all securiout intles feted Township is ent. with the Agreem scarify for ecurtty be used ass the d~ of Creditors matters prep Tow sh this ip may , setter the various toreg Ding s of this Agre ement, of the com received by term enetattty Any ptet~ng cost of d security under the the g the Township, credit at) at et which without limiting incurred by ent. fetters °f otheowner including costs this Agreem any item Of any of oche r the of the legal, planning fern's of responsibtltty er, unde aired w°rks payment of eoineertnsponsig, bility of the own that all teqccordance certifying *In which are the he O\N net's have been completed or its agent that submitted b the Tow feted, the n written o°tifica01 ed was confirmation by e been comp e) Jor which the Ub fitted and u Agreement hav this with the Plan obligations under r of Credit. of this the ©wner s said l -ette of the provisions its security or ship will return er under any fo Ceatize °n one ~2A) day's Town the Own Township fwenty~ of default of for the registered mail, ostt. It to if becomes necessal five, by r dep p,greernent° Township shalt give, o then deposits, the its intent t° draw d°wo on e f shalt be in notice, A reemen , if of the ursuant fo this g beha its ehalf, p uarantee glveo on default on ereand up edy CapLiANG~ wnship 6 or oil then g on se rity of o action taken b y thte Tro eludice to annants and agree ddition to any o nic pa '~c ' Any to and withou p of its cove stall, 427 of th addition edormance nder, the Townsh p of Section Owner tot the p et heCeu the provisions the part ~ to it, be ,al libe~y to utItize availabt c. 25, as amended upon the title 2001's-0. Township, I tudther and by the such ring ~OpspT1N reen1en to execute T. G{? ~ er and ag purpose of securing the of this Ag Cees registration is to ease of the Own d, for the The Owner consents at the exp as require A reement. ect lands' nts or applicatiio s ons of this 9 of the subl con Se the p other documents, efteCt to registration and giving 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 duty authorized in that behalf. SIGNED, SEALED AND DELIVERED } 2008628 Ontario Ltd. }Owner } } } The Corporation of the } Township of Oro-Medonte } } per: } } H.S. Hughes, Mayor P;~~'Uglas Irwin, Clerk SCHEDULE cc A11 It is understood and agreed that this Schedule forms part of the site Plan NOTE.: meat between the Township of Oro-Medonte and Agree LEGAL DESCRIPTION OF LANDS Concession 7, Township of Oro_ Part of East3 Plan 51 R31839, being PIN 58533-0214 (LT), parts 1 ~ ~ & ' Simcoe Medonte, county of SCHEDULE "B" e andrt of the Site Plan NOTE: It is understood and agreed that this Schedule forms Agreement between the Township of n 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 NIA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP NIA 10 44 art of the Site Ptah agreed that this Sche Medon e and rsto°eveenhe Township ofi pro t4pTF- It is and ent bell' p,greem Gov.. NI- STIMATE N/A flNSTRU GTIO---N E E ITEMIZE AMA L-falF-B~ F p1T the fi ner NIA ,red rovided by a noted relit to be of all works re as Letter o{ Ccornp1etion ent, to ensure terms o, this Agreem under the herein. in Section 11 f LRO # 51 Notice The applicant(s) hereby applies to the Land Registrar. Receipted as SC719197 on 2009 02 26 at 11:20 Properties yyyy mm dd Page 1 of 1 PIN 58533 - 0214 LT Description PT LT 3 CON 7 ORO, PTS 1, 2 & 3 PL 51 R31839, S/T ROW OVER PT 2 PL 51 R31839 AS IN LT524692; ORO-MEDONTE Address 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 2E0 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 I Name 2008628 ONTARIO LTD. Address for Service Oro-Medonte I, Bruno Tesan, A.S.O., have the authority to bind the corporation 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 02 26 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 02 26 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 File Number : 1-859