2009-075 Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Donald William Harold Salmon Barbara Jean Davidson,THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-075
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte
and
Donald William Harold Salmon
Barbara Jean Davidson
described as lands as follows:
Part of Lot 3, Concession 1
South Orillia as in R01280651;
T/W R01280651;
Oro-Medonte
Being all of PIN 58531-0361 (LT)
51 Goss Road
Roll # 4346-030-010-17000
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., 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 this By-Law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 27TH DAY OF MAY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF MAY,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
.a: Hug
Cie*. J. Dduafaa Irwin
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
DONALD WILLIAM HAROLD SALMON
BARBARA JEAN DAVIDSON
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of Lot 3, Concession 1
South Orillia as in RO1280651;
T/W RO1280651;
Oro-Medonte
Being all of PIN 58531-0361 (LT)
51 Goss Road
Roll # 4346-030-010-17000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
May, 2009
By-Law No. 2009-075
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 27th day of May 2009, in accordance with Section 41
of the Planning Act.
BETWEEN:
Donald William Harold Salmon
Barbara Jean Davidson
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 an addition onto an existing 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
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.
i) The Owner acknowledges that the lot does not front on an improved public road, that the
Township does not or is not required to maintain or snowplow the said road, that the
Township will not take over or assume the private road as a Township public road or street
unless it has been built according to the Township standards, then in force, and that the
Township is not liable for any injuries, losses or damages as a consequence of the
Township issuing a Building Permit.
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 an addition onto an
existing dwelling as 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.
5. 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 "D" 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 "D" 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 Owner's 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) day's notice, its intent to draw
down on the security or deposit.
6. COMPLIANCE
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 427 of the Municipal Act, 2001, S.O.2001, c. 25, as amended.
7. 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.
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
) Z_", -
onald William Harold Salmon
Owner
H.S.-Hug
r
1
J. oug a ,Clerk
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement
between the Township of Oro-Medonte and
LEGAL DESCRIPTION OF LANDS
Part of Lot 3, Concession 1
South Orillia as in RO1280651;
T/W RO1280651; Oro-Medonte
Being all of PIN 58531-0361 (LT)
51 Goss Road
Roll # 4346-030-010-17000
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 "D"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement
between the Township of Oro-Medonte and
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
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 N/A
under the terms of this Agreement, as noted
in Section 5 herein.
11
LRO # 51 Notice Receipted as SC745190 on 2009 06 24
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd
at 14:49
Page 1 of 2
I Properties I
PIN 58531- 0361 LT
Description PT LT 3 CON 1 SOUTH ORILLIA AS IN R01280651; T/W R01280651; ORO-MEDONTE
Address 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 1 XO
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.
I Party To(s) Capacity Share
Name SALMON, DONALD WILLIAM HAROLD Joint Tenants
Address for Service 51 Goss Road, Oro-Medonte, ON
This document is not authorized under Power of Attorney by this party.
Name DAVIDSON, BARBARA JEAN Joint Tenants
Address for Service 51 Goss Road, Oro-Medonte, ON
i
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 First Signed 2009 06 24
Oro Station Applicant(s)
LOL 2E0
Tel 705-790-2677
Fax 7054870257
Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Last Signed 2009 07 03
Oro Station LOL 2EO Applicant(s)
Tel 705-790-2677
Fax 7054870257
I have the authority to sign and register the document on behalf of the Applicant(s).
LRO # 51 Notice Receipted as SC745190 on 2009 06 24 at 14:49
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 2
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC 168 Lakeshore Rd. W. RR#1 2009 07 03
Oro Station
LOL 2EO
Tel 705-790-2677
Fax 7054870257
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client File Number : 1-897