2010-160 Site Plan Control - 850892 Ontario LimitedTHE CORPORATION OF THE TOWNSHIP OF ORO-MED
)-M E DO NTE
BY-LAW NO. 2010-160
A By-law to Authorize the Execution of a Site Plan Control I~
►ntrol Agreement
between The Corporation of the Township of Oro-Med •o-Medonte
and
850892 Ontario Limited
described as lands as follows:
Part of East Half of Lot 3, Concession 7 designated as Parts 6, 79 3-16, 7, & 8 on Plan 51R-
30720. Subject to an Easement over Part 7 on Plan 51 R-30720 .30720 as set out in
Instrument No. LT 524692
Being all of PIN #58533-0214 (Lt)
Roll # 4346-010-003-28401
Township of Oro-Medonte, County of Simcoe icoe
WHEREAS authority to enter into Site Plan Control Agreements is pro) is provided for in
Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, a ided, and Council
deems it necessary to enter into a Site Plan Control Agreement on the on the lands described
herein;
AND WHEREAS By-Law No. 2009-062, a By-Law to Designate Areas Areas of the Township
as Site Plan Control Areas, was passed by Council for the Township of iship of Oro-Medonte,
pursuant to the provisions of The Planning Act, R.S.O., 1990, c. P. 13, P. 13, as amended;
AND WHEREAS the lands referred to in this By-Law are subject to Sits t to Site Plan Control,
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NOW THEREFORE the Council of the Township of Oro-Medonte here :e hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attc ent attached hereto as
Appendix "A", on lands described on the attached Schedule "A"; "A,,.
2. THAT the Mayor and Clerk are hereby authorized to execute the Si the Site Plan Control
Agreement on behalf of the Corporation of the Township of Oro-Me )ro-Medonte;
3. THAT the attached Appendix "A" and Schedules "A, B, C and D" sr d D" shall form part of
this By-Law;
4. THAT this By-Law shall take effect on the final passing thereof. 'of.
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSEI ASSED THIS 8T" DAY
OF SEPTEMBER, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 'E
Oa~6`r,'*rHA. H hes
C rk, glas Irwin
APPENDIX "A"
SITE PLAN AGREEMENT
-between -
850892 Ontario Limited
-and -
THE CORPORATION OF THE
TOWNSHIP OF ORO=MEDONTE
DESCRIPTION OF LANDS
Part of East Half of Lot 3, Concession 7 designated as Parts 6, 71 & 8 on P 8 on Plan 51 R-
30720. Subject to an Easement over Part 7 on Plan 51 R-30720 as set c issetoutin
Instrument No. LT 524692
Being all of PIN #58533-0214 (Lt
TOWNSHIP OF ORO-MEDONT
COUNTY OF SIMCOE
September 8, 2010
BpLaw No. 2010-
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
er+u~n~ n e~
VVt tGVV`Gv7
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
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SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 8th day of September 2010, in accordai ,ccordance with
Section 41 of the Planninq Act.
BETWEEN:
850892 Ontario Limited
Hereinafter called the "Owner"
PARTY OF THE FIRST F =1 RST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDI )-MEDQNTE
Hereinafter called the "Township"
PARTY OF THE SECON ~ECQND PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to permit the rmit the
construction of a model home on lands described in Schedule "A", attached here 9d hereto;
AND WHEREAS the Township has enacted a By-law to provide for the designati Dsignation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owner intends to develop the lands in accordance with the
4th the Site Plan
attached hereto as Schedule "B";
NOW THEREFORE This Agreement Witnesseth THAT in consideration of the m if the mutual
covenants hereinafter contained, the parties hereto hereby covenant and agree agree as
follows:
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1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a) The Owner owns the subject lands described in Schedule "A", attached h ched hereto,
and has provided the Township with a Registered Deed containing the leg the 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 subj( 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 thl th all the
provisions of this Agreement.
d) The Owner shall, prior to the execution of this Agreement, obtain all nece;
.II necessary
permits- and approvals from the Township and from all Ministries and Ages nd Agencies,
including, but not limited to, the County of Simcoe.
e) The Owner shall, prior to the execution of this Agreement, pay all municip~ municipal taxes
and charges related to obtaining the approval of these lands for the intent R.k intended use.
f) The Owner shall pay a refundable deposit for such reasonable costs as m
its as may be
involved to the Township in having its solicitor, engineer, planner and staff
nd staff, perform
any work in connection with this Agreement, including-the preparation, dra ;ion, drafting,
execution, and registration of this Agreement. The Owner acknowledges ledges and
agrees that the Owner shall be responsible for the cost of performance of ance of all the
Owner's obligations hereunder, unless the context otherwise requires. Ev res. Every
provision of this Agreement, by which the Owner is obligated in any way, y way, shall be
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I Ivu Lv If IV1uVG L1 11U YYVI Ldp QL LI IG WAVV1 I.7G VI LI IC %JVVI ICI , UI IICw-J bptsul to bpta iiualiy
stated otherwise. The refundable deposit for expenses and actual cost sr cost shall be $
1000.00. The Owner shall replenish the refundable deposit, to its full amc full amount,
when the expenses and actual costs are submitted by the Township. ip.
g) The Owner shall have delivered to the Township, all Transfers/Deeds, Dis
ids, Discharges
and Easements, or other documents required by Schedule "C", as well as well as
certification from the Owner's solicitor that the Transfer/Deeds and Easerr Easements
shall provide the Township with good title, free and clear from all encumbr ncumbrances.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage wage System
Permit approval must be received by the Township/Ministry of the Environ
Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit the construction of a m iof amodel
home as described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owner with a
r with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the C
s, the Owner
may proceed to develop the subject lands, as indicated on the Site Plan a Plan attached
hereto as Schedule "B", subject to the development restrictions contained stained herein.
3. DEVELOPMENT RESTRICTIONS
The Parties hereto acknowledge and agree that any use of the subject lands by t
ids by the
Owner shall be on and subject to the following terms and conditions:
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a) Site Plan
The use and development of the subject lands shall be in accordance witf ice with and as
set out on the Site Plan, attached hereto as Schedule "B".
b) Li htin
All lighting systems installed outside, such as floodlights, shall be directed lirected away
from any adjacent residential use and/or roadway, not to cause interferem ~rference in any
way.
c) Parking Areas and Driveways
All parking areas and driveways shall be constructed in conformity with SE with Sections
5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario Building
3uilding Code
Regulation #419/86, and such parking areas, loading, and access areas s
areas shall be
kept free and clear of snow and ice and kept adequately drained. All entrc' All entrances
shall be constructed, as in Schedule "B" attached. The Owner agrees to { rees to obtain
all necessary approvals from the Ministry of Transportation, County of Sirr I of Simcoe and
Township of Oro-Medonte.
d) Outside Storage
No outside storage shall be permitted between any buildings on the premi e premises and
any street. Any other outside storage shall be contained in the fenced cor ced compound,
as identified on Schedule "B",
e) Garbage Storacie
The Owner agrees to provide suitable storage areas for garbage and wasi nd waste, as
shown on the Site Plan, and to install and maintain litter containers in and in and around
development on the lands. All metal scrap and associated refuse contain ~ontained in the
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Iqui IvVu vvIIIlivul iu 01 ICLII Ufa 101 11UVV 1 ui 1 d wCCi%iy udb15.
f) Garbage Collection
The Owner acknowledges and agrees that any Industrial, Commercial an( 'cial and
Institutional (I. C. & 1) and multi-unit locations (six (6) units and over) will n( r) will not
receive curb side waste collection services from the County of Simcoe. E; coe. Each 1. C.
& I location and multi-unit residential location will be responsible for their o r their own
garbage and recycling disposal.
g) Landscaping
The Owner shall complete all landscaping and landscaped areas shown o hown on the
Site Plan, attached as Schedule "B", as soon as weather permits, and all c ind all grading
and sodding required, according to any Engineering drawings submitted, nitted, shall be
done on all lawn areas.
h) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, ar
'Ian, and
downstream prior to and during construction. The Owner agrees to maint;
maintain all
erosion and siltation control devices in good repair until vegetative cover h
cover has been
successfully established.
i) Tree Removal
Identification and protection of approximate) 50% of all over-store
approximately Y ey
trees to promote screening and retention of wildlife/habitat/corridor value
)r values.
Within this area, no clear cutting of trees will be permitted, although thinr
gh thinning of
dense, young tree growth and stems less than 4.0 c.m. diameter at brea at breast
height, as well as trees of poor health and quality will be permitted; J• .
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4. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreei Agreement or
the Schedules attached hereto, unless and until such changes have been approN approved by all
parties. It is the intention of the parties that material amendments to this Agreem Agreement be
properly recorded. Such amendments may take the form of a registered Amendi
Amending
Agreement, an unregistered Agreement, exchange of correspondence, Memorar emorandum of
Confirmation, or notations on Engineering drawings. The nature of such record c ,'ecord of
amendment shall depend on circumstances.
5. SECURITY
Prior to signing the Agreement, the Owner will deposit, with the Treasurer of the
of the
Township, to cover the faithful performance of the obligations of the Owner arisin )r arising under
this Agreement, including but not limited to the construction of the works and sen ind services
identified in Schedule "D" to this Agreement (the "said Work"), the following secui ig securities:
a) Cash in the amount of one hundred percent (100%) of the estimated cost 3hd cost of the
said work, as approved by the Township Engineer and Township Council,
.iouncil, or:
b) An irrevocable Letter of Credit from a chartered bank, issued in accordanc .;ordance with
the requirements of Schedule "E", with an automatic renewal clause in the ~e in the amount
of one hundred percent (100%) of the estimated costs of the said works, Yorks, and as
approved by the Township Engineer. The Letter of Credit shall be for a m for a minimum
guaranteed period of one (1) year, or such time as the Township decides, ecides, and
shall be renewed automatically, as necessary, thirty (30) days prior to expi • to expiration.
c) The Township reserves the right to accept or reject any of these alternativ to rn ative
methods of providing securities. Prior to depositing the securities, the Owe the owner's
Engineer shall submit an estimate of the cost of the wnrks to the Tnwnghir nwnghin
r
Engineer for approval. When the cost estimate has been approved, it will
J, it will be set
out in Schedule "D" of this Agreement and will become the basis for the lir fr the limits of
the securities.
d) Any Letter of Credit or security filed with the Township is based upon the E :)n the estimated
cost of completing the various matters prescribed by this Agreement. Hov nt. However, all
Letters of Credit and security received by the Township may be used as sl
ad as security
for any item or any other matter which, under the terms of this Agreement,
cement, is the
responsibility of the Owner, including without limiting the generality of the of the
foregoing, payment of engineering, legal, planning or other costs incurred icurred by the
Township, which are the responsibility of the Owner, under the terms of th ns of this
Agreement.
e) Upon written notification by the Owner's agent, certifying that all requirec
'equired works
for which the Letter of Credit was submitted have been completed in acc
J in accordance
with the plans submitted and upon confirmation by the Township or its a!
or its agent that
the Owner's obligations under this Agreement have been completed, the ted, 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
of this
Agreement, it becomes necessary for the Township to realize on its sect
its security or
deposits, then the Township shall give, by registered mail, twenty-one (2
-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, sr nent, shall be in
addition to and without prejudice to any security or other guarantee given on beht,
on behalf of the
Owner for the performance of its covenants and agreements herein, and upon dE
.upon default on
the part of the Owner hereunder, the Township shall, in addition to any other rem
ier remedy
6
J
available to it, be at liberty to utilize the provisions of Section 466 of the Municipe Tune *al Act,
2001, S. 0.2001, c. 25,. as amended.
7. CO-OPERATION
The Owner consents to the registration of this Agreement by the Township, upor p, upon the title
of the subject lands, at the expense of the Owner and agrees to execute such fug such further and
other documents, consents or applications, as required, for the purpose of securi
if 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 suct ;he successors
and assigns of the parties hereto, and upon the lands described in Schedule "A",
u le "A", attached
hereto, such Schedule being a legal description of the lands, and it is further agr( her agreed that
this Agreement shall be prepared, approved and registered on title.
9. S.EVERABILITY OF CLAUSES
Should any section, subsection, clause, paragraph, or provision of this Agreemer
Ireement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affl
not affect the
validity of the Agreement as a whole or any part thereof, other than the provision
oovision so
declared to be- invalid.
10. SAVE HARMLESS
Tha r)lAinar nn hohnlf M 4imnif i+n ni n~~~~~r~ .,.•..•l A-
I IM-I vrr1IWII vII W%WolIGM v1 I«U11, ILO JuV%owaaula allu G1Z1%-')1 1IJ, CtY1UUb LU 11IUU1111111Y d iiirniy ctrJa Save
harmless, the Township from and against any and all claims, suits, actions and d s and demands
whatsoever, which may arise either directly or indirectly by reason of any work or work or service
performed by the Township, its servants or sub-contractors in order to complete i
rplete the work
or services required to be completed under this Agreement, provided the subject
subject matter
of such action, suits, claims or demands was not caused intentionally or through
hrough gross
negligence on the part of the Township, its servants or agents or sub-contractors tractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective : ective seals
under the hands of their proper officers duly authorized in that behalf. If.
SIGNED, SEALED AND DELIVERED )
) Owner Gabriel Gr ssi
Gr ssi
)850892 Ontario Limited Limited
}
The Corporation of thi ~n of the
Township of Oro-Med, raMedonte
per:
H. S. Hughes ayor ayor
J ougl s , d6elr i, Cler
7
SCHEDULE "A"
NOTE: It is understood and agreed that this Schedule forms part of the Sib the Site Plan
Agreement between the Township of Oro-Medonte and 854892 Or '892 Ontario
Limited
LEGAL DESCRIPTION OF LANDS
Part of East Half of Lot 3, Concession 7 designated as Parts 6, 79 & 8 on P 8 on Plan 51 R-
30720. Subject to an Easement over Part 7 on Plan 51 R-30720 as set out ii ~t out in
Instrument No. LT 524692
Being all of PIN #58533-0214 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
S
SCHEDULE "B"
NOTE: It is understood and agreed that this Schedule forms part of the Sit the Site Plan
Agreement between the Township of Oro-Medonte and 850892 Or 1892 Ontario
Limited
SITE PLAN
Site Plan Drawing:
Diamond Valley Estates Lot 2, Prepared by Valdor Engineering Inc dated July 29 July 29, 2010.
Site Plan is not in .a registerable form and is available from the Township of Oro-1 :)f Oro-Medonte.
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 850892 Or 1892 Ontario
Limited
DEEDS AND EASEMENTS TO BE CONVEYED
All title documents shall be properly drawn and executed by the parties, with thi with the
appropriate Lot or Block Number inserted in the description of the document, ai
nent, and the
registered Plan Number shall be left blank, to be inserted by the solicitors for th
"s 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) 2.00 and the
cost of preparation, execution and registration thereof, shall be borne by the Ov ► the Owner.
All documents to be registered shall be prior approved by the solicitor for the Tc
r the Township.
The following land and easement shall be conveyed:
1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP
wI/A
IWH
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP HIP
WA
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SCHEDULE "D"
NOTE: It is understood and agreed that this Schedule forms part of the Sit the Site Plan
Agreement between the Township of Oro-Medonte and 850892 Or )892 Ontario
Limited
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT )UNT
2. LETTERS OF CREDIT AMOUNT )UNT
0%"0% W. Ac f'% MwA i~ &w L.w -1. -1 J.V- ~1...~~.fhJ /%x%0% AA MOM
LGLLGI UI VIUUIL LU [.!C PIVVIUVU uy Lf lU UWFIUf 0 1 UUU.UU uu.vu
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
11