2009-041 Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Pratham CorporationTWE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW N0.2009-041
Control Agreement
Site P an
of Oro-Medonte
Authorize the Executione fT a ownship
A f law to he Corporation ofa d
between
Pratham Corporation
793137, Being all of PIN 58530-
described as lands as follows'
N►edon e H ghway 12 Nest
Part of Lot 1, ConcessiQ336 (LT)I 91 O
f prO_Medonte, County of Simcoe
Township °
provided for in
reemennded, and Council
1990, c. p. 13, as am, on the lands
it to enter into Site Plan Control g WHEREAS author Y Act, RS-O" Control Agreement
Section 41 of The Planni er into a Site Plan
deems it necessary
bed here-w to Designate Areas 0, the of
own hip
descri 9 a By La cil or the AS gy-Law No. 2()08-06 was passe
AND d by Coun #R.S O 1990, c P
WHERE Planning Act,
Oro-Mnship as site Pla nto the prv~ sions of The
o
T edonte, pursuant
13, as amended; Law are subject to site Plan
AN ds referreds By acts as
D S the tar
WHEREA Law No. 2()08-069;
nship of Oro-Medonte hereby en
Control, pursuant to By-
E the Council of the Tow
NOW TWEREFOR Agreement attached hereto
follows: Control Agreree en "A";
Township enter Into the site Pthe attached
A Site
1 • TWAT the , as Appendix on (ands des Site Plan
hereby authorized to
the Township 01 Oro-
of
2. TWAT the MaYor and Clerk ar oration
ent on behalf of the or
Control t Agree," s "A g, C and D" shall form part
Medan Schedule
the attached Appendix and
3. THAT Laws thereof.
of this BY' the final passing
pT this By-Law shall take effect on
4. TW 2009.
THIS gT" DAY OF APRIL,
A FIRST AND SECOND TIME
LAW' READ y PASSED THIS 6M DAY OF
BY- FINALE
.LAW READ A TWIRD TIME AND
BY
APRIL, 2009- EDpNTE
r=-rHE TOWNSHIP OF ORO-M
s~
pppEHo1X r,c A
pGREEMEtIT
E PLAN
~►T
. between .
oRpoRATIO0
PfIATHAM C
and -
TIOH of: THE
THE CON of: ORo.mej)o TE.
NCH1P of
.row
CR1PTt~ L
D'
14y Medonte as ►n
Co s►on
793137 0338 (LT)
part of Lot 1 , Ro
gein9 all of p1% 58530 west
9110 K , 0.2Y0^004-23300
Roll # 4346'p2
of: oROwMEDDNTE
TowNgH►P
couNTY of StMcQE
J a NQ x,009'041
Jay-Law
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 triplicate, this 8"' day of April, 2009, in accordance with Section
41 of the Planning Act.
BETWEEN:
Pratham Corporation
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 gas canopy and new underground storage tank 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 canopy and
new underground storage tank 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:
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.
R1TY •twith the Treasurer of th~hs°wnship,
5. SECS owner will deposit, under
n the Agreement, the obligations Of the owner arising
ks and service
prior to sign, g eCformance of the ties:
construction of the woe following securi
to cover the faithful p but not limited to the the "said Work th
Agreement including „D„ to this Agreement estimated
in Schedule It 100%) of the Council o he
Of'
identified ( Township
wnship Engineer and
by the To hundred
Cash in the amount of dnp cordance with the
a) as approve issued ►n ac
said work, chartered bank,
of Credit from a matic renewal clause in k e and ist °
b) An irrevocable Letter „E„ with an auto inimum
ents of Schedule of the estimated costs Green Sall be for a m and shall
requireCn ercent (100%) The Letter O t
one hundred p Engineer. Township iration.
approved by the T°wnship ea, or such time 30~ eays prior to exp
period of one (1) y
guaranteed fil
nec essary, th► these ai
be renewed automatically, accept or reject any of eC.urities, the owner's
The Township reserves the right to Prior to depositing the s works to the Township
c) providing securities. roved, it will be set
methods °f ubmit an estimate of the cost e the been app
Engineer shall s hen the cost estimate ecome the basis for the limits of the
Engineer for approval. W Agreement and will b
out in Schedule "D" °f this is based upon th owe eatad
securities. this Agreement. H
t or security filed with the
bed Y1p be used as security for
d) Any Letter of Credo Township may b is the
of completing the various matters pres ement, Ding,
cost received by the of the foreg
rs of Credit and secur►trwhich, under the terms he genera re
lity ownship,
Lette other matter without limiting
any item or any including or other costs incurred by thCeement.
responsibility of the owneegal planning
en ineering, owner, under the terms of this Ag works
required
payment of g responsibility of the certifying that all
which are the the owner's agent, feted in accoe t nce e) that
submitted have the been compT°wnship or its ag
Dforponwwhich rittenthe Lenotate aof Credi was nfirmation by leted,
on co
with the
the plans submitted and up under this Agreement have been co
the Owner's obligations
r of this
d Letter °f Credo f the p security or
Township will return sai ovisions
er and T wns ip to realr- on its one (21) day's
event of default of the Own far the ail, twentY-
f) 1f in the it becomes necessary tVe by registered m
Agreement, Township down shall g or deposit.
deposits, then the on the security
notice its intent to draw
Agreement shalt be in
6. Cp►NPwpI , r ursuant to this Agven on behalf of the
or
on its behaio,C other guarantee gaud upon default on
the Township security
Any action taken by re udice to any regiments herein, ny other remedy
without P I of its 'Township and ag al Act,
the ownship shalt, in addition to a
addition to and
ner for thpedormance reunder, ions of Section 427 of the Municip
Ow wner he roves
the part °f the o to utilize the p
available to it, be at liberty
1 5.0.2001, c. 25, as amended
upon the title
200
7. co-oPER ATION the Township,
reemen to execute such further and
nsents to the reg►strat+on of this and agrees
of the o the purpose of securing
The owner co at the expense as required, far
ect lands, lications, reement.
of the subl consents or app rovisions of this Ag
other documents, giving effect to the p
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
I C 'v1v'-"-L, L-44-4
Pratham Corporation
)Owner: Chaman Uppal
nPr*
) The Corporation of the
) Township of Oro-Medonte
A
SCNEjWLE ii
Site Plan
Schedule toms par of the
nd pratham
rood and agree pwnsh•p of Oro-M
N pTE: this edonte a
It is end ent bebNeen the T
Agreem
Co fPorat►on.
~AN~S
,)f SC lip -"0'4 0
1.EG,A
A 41 Medonte
session
Lot 1, C°n 0336 (LT)
part of 1N 58530.
all of P est
9A 1 Wghw 0 0 004^23300
Roil 0 4346
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 Pratham
Corporation.
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 Pratham
Corporation.
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
scN f)OLE G4 )ll
ad of the Site plan
Schedule forms pad
reed ,,,at hh~ of Oro-Medonte and
e Towns p
rst een agreed
It is uncle
N0YE: Agreement betN
Corporation.
6MOUUN
T1UN ESTIMATE Nip,
CCNSTRUC
1 ITEMIZE
ANt
F CFkEp1T ~5g0C0.00
2 ~ETTE~S O be prodded b st eqO eder
redtt to of all gwork noted
fetter ofi Completion A reement, as
to ensuCe c this
under the terms
in Section 5 herein
11
a
LRO # 51 Notice Receipted as SC745182 on 2009 06 24 at 14:44
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 2
Properties
PIN 58530 - 0336 LT
Description PT OF LOT 1 CON 14 MEDONTE AS IN R0793137; ORO-MEDONTE
Address 9110 HIGHWAY 12 WEST
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 Oro, ON
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 PRATHAM CORPORATION Registered Owner
Address for Service Oro, ON
I, Chaman Uppal, A.S.O. and Ravnish Uppal, A.S. 0., 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 06 24
Oro Station Applicant(s)
LOL 2E0
Tel 705-790-2677
Fax 7054870257
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 2009 06 24
Oro Station
LOL 2E0
Tel 705-790-2677
Fax 7054870257
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
LRO # 51 Notice
The applicant(s) hereby applies to the Land Registrar.
File Number
Receipted as SC745182 on 2009 06 24 at 14:44
yyyy mm dd Page 2 of 2
Applicant Client File Number : 1-898