2010-158 Site Plan Control 850892 Ontario LimitedTHE CORPORATION OF THE TOWNSHIP OF ORO-ME
3O-MEDONTE
BY-LAW NO. 2010-158
A By-law to Repeal By-law 2010-133 and to Authorize the Exe
ie Execution of a Site
Plan Control Agreement
between The Corporation of the Township of Oro-Me
)ro-Medonte
and
1198677 Ontario Limited
described as lands as follows:
Part of PCL 1-21 SEC 51-ORO-4; Pt Lot 1 Concession 4 Or( 14 Oro, Part Lot 1,
Concession 5, Oro; Part RDAL BTN Concession 4 and Conc I Concession 5, Oro
Closed by R0659014; Being Part 2,3,4 &5 Plan 51 R%: n 51 R37085
Being all of PIN 74053-0246 (LT)
Roll # 4346-010-002-30010, 4346-010-002-30020 -30020,
4346-010-002-30030, and 4346-010-002-30040 30040
Township of Oro-Medonte, County of timcoe mcoe
WHEREAS authority to enter into Site Plan Control Agreements is provide provided for in Section 41
of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deE ncil deems it necessary to
enter into a Site Plan Control Agreement on the lands described herein; ;rein;
AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas of t eas of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-n A Oro-Medonte, pursuant
to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, as amended nended;
AND WHEREAS the lands referred to in this By-Law are subject to Site PI
i Site Plan Control,
pursuant to By Law No. 2009-062;
AND WHEREAS Council of the Township of Oro-Medonte did on the 10th he 10th day of August
2010, enact By-Law No. 2010-133, A By-law to Authorize the Execution of ution of a Site Plan
Control Agreement between The Corporation of the Township of Oro-Med{ ro-Medonte and 1198677
Ontario Limited;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby E
iereby enacts as follows:
1. THAT the Township enter into the Site Plan Control Agreement attach t 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 F
ie Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Medor ~-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" shall shall form part of this
By-Law;
4. THAT By-law No. 2010-133 be repealed in its entirety
5. THAT this By-Law shall take effect on the final passing thereof.
BY-LAIN READ A FIRST, SECOND AND THIRD TIME, AND PAS PASSED THIS 8TH
DAY OF SEPTEMBER, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE NTE
Mayor, H.S. Hu es
Cier , J. D "l s Irwin
APPENDIX "A"
SITE PLAN AGREEMENT
-between -
1198677 Ontario Limited
-and -
THE CORPORATION OF THE
TOWNSHIP OF OROmMEDONTE
DESCRIPTION OF LANDS
Part of PCL 1-21 SEC 51-ORO-4; Pt Lot 1 Concession 4 Oro, Part L Part Lot 1,
Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, O )n 5, Oro Closed
by R0659014; Being Part 2,3,4 & 5 Plan 51 R37085
Being all of PIN 74053-0246 (LT)
Roll # 4346-010-002-300105 4346-010-002-300209 4346-010-002-30( 102-30030,
And 4346-010-002-30040
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
September 8, 2010
By-Law No. 2010-158
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
ance with
This Agreement made, in quadruplicate, this ay o6p , 2010, in accordance w
Section 41 of the Planning Act.
BETWEEN:
1198677 Ontario Limited
Hereinafter called the "Owner"
PARTY OF THE FIRST FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-ME[ 0-MEDONTE
Hereinafter called the "Township"
PARTY OF THE SECOI SECOND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit tt ermit the
construction of a single detached dwelling on lands described in Schedule "A", le "A", attached
hereto;
AND WHEREAS the Township has enacted a By-law to provide for the design Jesig nation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the with the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the r of the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree J 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 hi shed hereto, and
has provided the Township with a Registered Deed containing the legal di legal description
of the subject lands.
b) This Agreement may be registered against title to these subject lands and ids and shall
take priority over any subsequent registrations against the title to the subjI ie subject lands.
c) No work shall be performed on the lands, nor any use made of the subjec subject lands
with respect to the proposed development, except in conformity with all th th all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all nece ill necessary
permits and approvals from the Township and from all Ministries and Age nd Agencies,
including, but not limited to, the County of Simcoe.
municipal taxes
e) The Owner shall, prior to the execution of this Agreement, pay all municip
e intended use.
and charges related to obtaining the approval of these lands for the intent
As as may be
f) The Owner shall pay a refundable deposit for such reasonable costs as n
ind staff, perform
involved to the Township in having its solicitor, engineer, planner and staff
tion, drafting,
any work in connection with this Agreement, including the preparation, dr
sledges and
execution, and registration of this Agreement. The Owner acknowledges
ance of all the
agrees that the Owner shall be responsible for the cost of performance of
ires. Every
Owner's obligations hereunder, unless the context otherwise requires. E
iy way, shall be
provision of this Agreement, by which the Owner is obligated in any way,
)s specifically
deemed to include the words "at the expense of the Owner", unless spec
stated otherwise. The refundable deposit for expenses and actual cost s I cost shall be
$1,000. The Owner shall replenish the refundable deposit, to its full amo Lill amount, when
the expenses and actual costs are submitted by the Township.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Di reds, Discharges
and Easements, or other documents required by Schedule "C", as well a well as
certification from the Owner's solicitor that the Transfer/Deeds and Easel J Easements shall
provide the Township with good title, free and clear from all encumbrance nbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage ewage System
Permit approval must be received by the Township/Ministry of the Envirc Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
)n of a single
a) That the Township has enacted a By-law to permit the construction of a
detached dwelling described in the Site Plan.
er with all relevant
b) That the Township agrees that subject to compliance by the Owner with
)wner may
Municipal By-laws and Provincial Statutes and Regulations, the Owner r
proceed to develop the subject lands, as indicated on the Site Plan attac in attached hereto
dd herein.
as Schedule "B", subject to the development restrictions contained herei
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands b) ainds by the Owner
shall be on and subject to the following terms and conditions:
4
a) Site Plan
nce with and as
The use and development of the subject lands shall be in accordance wit/
set out on the Site Plan, attached hereto as Schedule "B".
b) Li htin
All lighting systems installed outside, such as floodlights, shall be directec J i rected away
from any adjacent residential use and/or roadway, not to cause interferer erference in any
way.
c) Parking Areas and Driveways
► with Sections
All parking areas and driveways shall be constructed in conformity with S
Building Code
5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Buildin(
areas shall be
Regulation #419/86, and such parking areas, loading, and access areas
All entrances
kept free and clear of snow and ice and kept adequately drained. All enti
gees to obtain
shall be constructed, as in Schedule "B" attached. The Owner agrees tc
y of Simcoe and
all necessary approvals from the Ministry of Transportation, County of Sir
Township of Oro-Medonte.
d) Outside Storage
No outside storage shall be permitted between any buildings on the prerr ie premises and
any street. Any other outside storage shall be contained in the fenced cc iced compound,
as identified on Schedule "B".
e) Garbage Storage
The Owner agrees to provide suitable storage areas for garbage and wa and waste. The
Owner is to install and maintain litter containers in and around developm velopment on the
lands.
Tj yarcage uonection
The Owner acknowledges and agrees that any Industrial, Commercial ai ;rcial and
✓r) will not
Institutional (I. C. & 1) and multi-unit locations (six (6) units and over) will i
ncoe. Each I. C.
receive curb side waste collection services from the County of Simcoe. I
)r their own
& I location and multi-unit residential location will be responsible for their
garbage and recycling disposal.
g) Landscaping_
The Owner shall complete all landscaping and landscaped areas shown shown on the
Site Plan, attached as Schedule "B", as soon as weather permits, and al and all grading
and sodding required, according to any Engineering drawings submitted,, )miffed, shall be
done on all lawn areas.
h) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and ►n and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, Plan, and
downstream prior to and during construction. The Owner agrees to mail to maintain all
erosion and siltation control devices in good repair until vegetative cover cover has been
successfully established.
Tree Preservation
;nvelope as shown
j) Maximum of 50% tree removal permitted in established building envelop
on approved Site Plan Drawing prepared by MHBC Planning, dated Jun :ed June 17, 2010.
Maximum of 50%tree removal does not include the necessary removal c moval of trees that
are dead or diseased as determined by a qualified arborist. No trees sh, -ees shall be cut
outside the immediate area surrounding the proposed dwelling, septic s~ eptic system, and
driveway.
5
4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreer Agreement or
the Schedules attached hereto, unless and until such changes have been approv approved by all
parties. It is the intention of the parties that material amendments to this Agreeml ►greement be
kmending
properly recorded. Such amendments may take the form of a registered Amendi
.morandum of
Agreement, an unregistered Agreement, exchange of correspondence, Memorar
ecord of
Confirmation, or notations on Engineering drawings. The nature of such record c
amendment shall depend on circumstances.
5. SECURITY
of the Township,
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the
ider this
to cover the faithful performance of the obligations of the Owner arising under thi
)ervices
Agreement, including but not limited to the construction of the works and service:
g securities:
identified in Schedule "D" to this Agreement (the "said Work"), the following secui
~d cost of the
a) Cash in the amount of one hundred percent (100%) of the estimated cost %
said work, as approved by the Township Engineer and Township Council, council, or:
,ordance with the
b) An irrevocable Letter of Credit from a chartered bank, issued in accordani
the amount of
requirements of Schedule "E", with an automatic renewal clause in the an
rks, and as
one hundred percent (100%) of the estimated costs of the said works, an(
for a minimum
approved by the Township Engineer. The Letter of Credit shall be for a rr
ecides, and shall
guaranteed period of one (1) year, or such time as the Township decides,
be renewed automatically, as necessary, thirty (30) days prior to expiratio xpiration.
c) The Township reserves the right to accept or reject any of these alternath ternative
methods of providing securities.
. do IL
on the esumaiea
d) Any Letter of Credit or security filed with the I ownsnip is oasea upon the
knt. However, all
cost of completing the various matters prescribed by this Agreement. Ho
;ed as security for
Letters of Credit and security received by the Township may be used as
nent, is the
any item or any other matter which, under the terms of this Agreement, is
of the foregoing,
responsibility of the Owner, including without limiting the generality of the
the Township,
payment of engineering, legal, planning or other costs incurred by the To,
kg reement.
which are the responsibility of the Owner, under the terms of this Agreem
required works
e) Upon written notification by the Owner's agent, certifying that all requirf
~d in accordance
for which the Letter of Credit was submitted have been completed in ac
or its agent that
with the plans submitted and upon confirmation by the Township or its
eted, the
the Owner's obligations under this Agreement have been completed, tt
Township will return said Letter of Credit.
s of this
f) If in the event of default of the Owner under any of the provisions of thi
i its security or
Agreement, it becomes necessary for the Township to realize on its se
ty-one (21) day's
deposits, then the Township shall give, by registered mail, twenty-one
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, !ment, shall be in
addition to and without prejudice to any security or other guarantee given on be i on behalf of the
Owner for the performance of its covenants and agreements herein, and upon c upon default on
the part of the Owner hereunder, the Township shall, in addition to any other rei ►ther remedy
available to it, be at liberty to utilize the provisions of Section 427 of the Municip Municipal Act,
20011 S.O. 2001, c. 25, as amended.
6
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upoi ip, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such fu such further and
other documents, consents or applications, as required, for the purpose of secui A securing
registration and giving effect to the provisions of this Agreement.
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the suc the successors
and assigns of the parties hereto, and upon the lands described in Schedule "A' Jule "A", attached
hereto, such Schedule being a legal description of the lands, and it is further agi ,her 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 AgreemE greement be
declared by a Court of competent jurisdiction to be invalid, the same shall not of II not affect the
validity of the Agreement as a whole or any part thereof, other than the provisioi rovision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify °m n ify and save
harmless, the Township from and against any and all claims, suits, actions and is and demands
whatsoever, which may arise either directly or indirectly by reason of any work c r work or service
performed by the Township, its servants or sub-contractors in order to completE )mplete the work
or services required to be completed under this Agreement, provided the subje( subject matter of
such action, suits, claims or demands was not caused intentionally or through g -ough gross
negligence on the part of the Township, its servants or agents or sub-contracto IN WITNESS WHEREOF, the Parties hereunto have affixed their respectiv under the hands of their proper officers duly authorized in that behalf. itractors.
pective seals
WE
SIGNED, SEALED AND DELIVERED ) cm '4
1 19 677 Ontario Li )Owner rio Limited
)Thomas Obradovich iovich
The Corporation of :ion of the
Township of Oro-M per: Oro-Medonte
1
6/
)Ae.'S. Hugh , Mayor Mayor
J. ougla CI v' , Clerk
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the
)f the Site Plan
Agreement between the Township of Oro-Medonte and 1198677
98677 Ontario
Limited
LEGAL DESCRIPTION OF LANDS
Part of PCL 1-21 SEC 51-ORO-4; Pt Lot 1 Concession 4 Oro, Part Lot 1, Lot 1,
Concession 5, Oro; Part RDAL BTN Concession 4 and Concession 5, Oi n 5, Oro Closed
by R0659014; Being Part 2,3,4 & Plan 51 R37085
Being all of PIN 74053-0246 (LT)
Roll # 4346-010-002-300109 4346-010-002-300209 4346-010-002-30030, ar X30, and
4346-010-002-30040
8
r • w
SCHEDULE "B"
the Site Plan
NOTE: It is understood and agreed that this Schedule forms part of the Sit
)8677 Ontario
Agreement between the Township of Oro-Medonte and 1198677 C
Limited
SITE PLAN
Site Plan Drawings:
110
51 R-37085 Part 5, Lot 1, Prepared by MHBC Planning dated June 17, 2010
110
51 R-37085 Part 4, Lot 2, Prepared by MHBC Planning dated June 17, 2010
110
51 R-37085 Part 3, Lot 3, Prepared by MHBC Planning dated June 17, 2010
110
51 R-37085 Part 2, Lot 4, Prepared by MHBC Planning dated June 17, 2010
p of Oro-Medonte.
All of the above noted Site Plan Drawings are available from the Township of Or
9
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Sits the Site Plan
Agreement between the Township of Oro-Medonte and 1198677 C X8677 Ontario
Limited
DEEDS AND EASEMENTS TO BE CONVEYED
with the
All title documents shall be properly drawn and executed by the parties, with tr
ment, and the
appropriate Lot or Block Number inserted in the description of the document,
rs for the parties
registered Plan Number shall be left blank, to be inserted by the solicitors for tl
after the Plan is registered and a Plan Number assigned.
The consideration for all conveyances shall be the sum of Two Dollars ($2.0c ($2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the C y the Owner.
All documents to be registered shall be prior approved by the solicitor for the 1 )r the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
NIA
SHIP
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
NIA
10
SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Sit the Site Plan
18677 Ontario
Agreement between the Township of Oro-Medonte and 1198677 C
Limited
4
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
OUNT
1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
N/A k
IOUNT
2. LETTERS OF CREDIT AMOUNT
Letter of Credit to be provided by the Owner
000.00/per lot
to ensure completion of all works required $11000.0(
under the terms of this Agreement, as noted
in Section 5 herein.
11