Loading...
2000-002 I' . , THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY-LA W NO. 2000 -2 e BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN CONTROL AGREEMENT FOR CHARLES SIMPSON AND LENA SIMPSON, ON LANDS DESCRIBED AS FOLLOWS: Part of Lot 12, Concession 3, as described in Schedule "A" of the Site Plan Agreement TOWNSHIP OF ORO-MEDONTE, (formerly Township ofOro) COUNTY OF SIMCOE 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, 1990, RS.O. 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; AND WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, RS.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; NOW THEREFORE the Council of 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 "An; 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 "An 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 5th 2000. DA Y OF JANUARY BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5th OF JANUARY 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~&-/ MAYOR IAN BEARD e ~e,& Il-1L~ CLERK LYNDA AIKEN J.~ Province ~V~of ~ Ontario Document General Form 4 - Land Registration Reform Act, 1984 (1) Registry 0 Land Titles IKJ (2) Page 1 of 13 pages (3) Property Block I dentlfler( s) :::r- n/a (6) Description CX) '-'J Property 58542- 0005(LT) (4) Nature of Document ~ '0":1 . c;:::I .,-\ 0") ...... , :::r- 0;:) ...... Notice of Site Plan Agreement (5) Consideration The southerly 60 acres of the West Half of Lot 12, Concession 3, Township of Oro-Medonte (fo:r:merly Township of Oro), County of Simcoe, being all of the PIN $ck~CAle- f\ :n ...-4 c;:::I u:: u.. o a: o u.. o c.... .. New Property Identifiers Additional: See 0 Schedule Executions Additional: See Schedule (7) This Document Contains: o Dollars $ (a) Redescription New Easement Plan/Sketch i: (b) Schedule for: Additional O! Description 0 Parties (8) This Document provides as follows: 'Jte (VYfA'1 crh'o-V\ 9+ We, the Township of Oro-Medonte has an unregistered estate, right, interest or equity in the land registered in the names of Charles Edgar S:impson and Lena S:impson in respect of the land described in Box 6 above and hereby apply under Section 71 of the Land Titles Act for the entry of Notice of Site Plan Agreement. (9) This Document relates to Instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) .. 0 f11~. 99F~~T+9~.9~o~~ .~~fg~ .qF:......... o 0 . 9~9:-~~I:-J'P? f . 9Y . t 1;:~ . G~~~~,o o~~qC! .A:~~e.~ . 0 0 . . . . 0 ~!l;i9;iP?:J-?-tY 0 . 0 0 . . . . 0 . . . 0 0 . . . . . . . . . . . 0 . . 0 '. . I hay; (11) Address for Service he authorit o bind the Co ration. P.O. Box 100 (12) Party(ies) (Set out Status or Interest) Name(s) Ontario LOL 2XO Ora '" SJMPSON,.~~~Le$oEdgqr..... 0..0.000.... 0 0" . SJMPSON, . Lena. . . . . 0 . . . 0 . . 0 . . . 0 0 . . . . . . . . . . . . . C>ivTlers. . . . . 0 . . . . . . . . 0 . . . . . . 0 . 0 . . . . . . . . . . . . . (13) Address for Service ~L. r f -4L d- ~ka VL: (14) Municipal Address of Property ent Prepared by: Not Assigned DYE & DURHAM CO, LlMIII::U Form No. 985 o Additional: See 0 Schedule . Continued on Schedule 0 Signature(s) Date of Signature Y M D ! 2000 . . . . . . . . . ! . . . . . i , . . . . . .. . . . . . . . . . . . . .. . .. . . .. . . ... .. . . . .. i . . . . . i .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . ! , , 9.1.V~. , : . "I' .. . . 'J' . . I i Signature(s) Date of Signature Y M D ! . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . ! Fees and Tax ~ Z Registration Fee o w (j) ::> w o u:: u.. o a: o u. I Lynda Aiken Clerk, Township of Oro-Medonte P.O. Box 100 Ora, Ontario LOL 2XO Total . . . . . . . . . . . . . . . . . . - e ,. . APPENDIX "B" SITE PLAN AGREEMENT - between - LENA AND CHARLES SIMPSON - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDON']'E November, 1999 By-Law No. 1999- DESCRIPTION OF LANDS The Southerly 60 Acres ofthe West Half of Lot 12, Concession 3, TOWNSHIP OF ORO-MEDONTE (Fonnerly Township ofOro) COUNTY OF SIMCOE See Schedule "A" attached e e . Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Schedule "A" Schedule "B" Schedule "C" Schedule "D" Schedule "E" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT T ABLE OF CONTENTS Covenants by the Owner Covenants by the Township Covenants by the Mortgagee Development Restrictions Development Changes Security Compliance Co-operation Binding Effect Severability of Clauses Save Hannless 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 - e SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. ,4-999, in BETWEEN: Lena and Charles Simpson 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 Bed and Breakfast/Farm 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 $1,000.00. 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 N/A mortgage(s) registered against the title to the subject property in favour of the Mortgagee. h) The Owner shall file with the Township Solicitor, for his approval, a postponement of Mortgage/Document. i) 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. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: , a) That the Township has enacted a By-law to permit a Bed and Breakfast/Farm, 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. 4 3. COVENANTS BY THE MORTGAGEE The mortgagee covenants and agrees as follows: a) That registration of this Agreement against the title to the subject property shall be made and the Mortgagee agrees to postpone its mortgage interest in the property to this Agreement. - 4. 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: 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 Section 5.19 & 5:20 of By-law No. 97-95, as amended, and the Ontario Building Code Regulations 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) 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. , 5 .. 5. 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. _ 6. 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 "0" to this Agreement (the "said Work"), the following securities: a) Cash in the amount of one-hundred percent (100%) 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 (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. 7. COMPLIANCE e 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 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 6 8. 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. - 9. 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. 10. 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. 11. 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. e SIGNED, SEALED AND DELIVERED ) (~')"lP / . ~~~J ) Lena Simpson, Owner ) ) ) ) Charles Simpson, Owner ) ) ) The Corporation of the ) Township of Oro-Medonte ) per: : ,j2~~ ) Mayor, Ian Beard ) ) ) ) Lynda Aiken, Clerk ) ) 7 SCHEDULE "A" e NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Ora-Medonte and Lena & Charles Simpson LEGAL DESCRIPTION OF LANDS: ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Township of Ora-Medonte (formerly Township of Ora), in the County of Simcoe, and being composed of the Southerly sixty (60) acres of the West half of Lot 12, Concession 3 of the said Township of Ora, more particularly described as follows: COMMENCING at the Southwest angle of the said Lot; THENCE Northerly along the West limit of the said Lot, 1188 feet; THENCE Easterly parallel to the South limit of the said Lot, 2200 feet more or less to the line dividing the East and West halves of the said Lot; THENCE Southerly along the line dividing the East and West halves of the said Lot, 1188 feet more or less to the South limit of the said Lot; THENCE Westerly along the South limit of the said Lot, 2200 feet to the place of commencement. BEING THE LANDS AS DESCRIBED IN INSTRUMENT NO. 698200. e 8 e e NOTE: SITE PLAN SCHEDULE "B" It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Lena & Charles Simpson Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Site Plan approved U 999. 9 - e 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 Lena & Charles Simpson 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 .' - e 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 Lena & Charles Simpson ITEMIZE ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner to ensure completion of all works required under the tenns of this Agreement, as noted in Section 6 herein. N/A 11 - e SCHEDULE "E" SITE PLAN AGREEMENT - STANDARD FOR THE TOWNSHIP "ST ANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT DA TE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: AMOUNT: $ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500. TO: THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE P.O. Box 100, Oro Ontario, LOL 2XO We hereby authorize you to draw on the Bank of Ontario, , for the account of , up to an aggregate amount of which is available on demand. , ($$$$$$$$) Pursuant to the request of our said customer, , we, the Bank of , , Ontario, , hereby establish and give to you an Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro- Medonte. The original Letter of Credit must be presented to us at : Bank of , , Ontario, . The Letter of Credit, we understand, relates to a Site Plan Agreement between our said customer and the Corporation ofthe Township ofOro-Medonte, with Mortgage Company, as a third party, regarding subdivision of (property descnptlOn) The amount of this Letter of Credit may be reduced from time to time, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township ofOro-Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this Letter of Credit to be renewable for any additional period. Dated at , Ontario, this day of 19 authorized signature authorized signature Bank of 12