2000-090
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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SITE PLAN CONTROL
BY-LAW NO. 2000-90
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between David Britnell and The Corporation of the Township of Oro-Medonte,
described as lands as follows:
Part East Part Lot 1, Concession 1, EPR Oro, Part West 1/2 Lot 1,
Concession 1, EPR Oro, Parts 2 and 14, 51R-28412
Being all of PIN #58554-0060 (Lt)
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 A9reement on the lands
described herein;
AND 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, 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. 94-149;
NOW THEREFORE 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 "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 Schedule "A" 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 1ST DAY OF NOVEMBER, 2000.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF
NOVEMBER. 2000.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Acting Clerk, Vicki I. Robertson
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APPENDIX "8"
SITE PLAN AGREEMENT
- between -
DAVID BRITNELL
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
October, 2000
By-Law No. 2000-
DESCRIPTION OF LANDS
PI. E, PI. Lot 1. Concession 1. EPR Oro, PI. W1I2 Lt. 1,
Concession 1. EPR Ow, Pts. 2 and 14, 51R-28412
Being all of PIN #58554-0060 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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Section I
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section II
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Covenants by the Owner and Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this
with Section 41 of the Planning Act.
2000, in accordance
day of
BETWEEN:
DAVID BRITNELL
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 Township and 1165452 Ontario Ltd. have, pursuant to Section 41 of the
Planning Act, entered into a Site Plan Agreement regarding development on the subject
lands and additional lands described as Part East Half and Part West Half, Lot 1, Concession
1, EPR, Township of Oro-Medonte, being Parts 2 and 3 on Registered Plan 51 R-1124 and
Part 1 on RP. 51R-27431 (hereinafter the "first site plan");
AND WHEREAS the Township has approved, pursuant to Section 41 of the Planning Act,
site plans regarding development of a portion of the first site plan, as described in Schedule
"A" attached, for single family uses;
AND WHEREAS the Township intends for the within agreement to supersede the first site
plan only insofar as it relates to the lands described in Schedule "A", which former approval
and agreement shall otherwise remain in full force and effect;
AND WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a single
family home 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:
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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 hereto and
has provided the Township with a Registered Deed containing the legal description of
the subject lands.
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 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.
2.
COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a)
That the Township has enacted a By-law to permit a single family home, 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.
COVENANTS BY THE OWNER AND TOWNSHIP
The parties agree that the within agreement and the site plan approval of the
Township, pursuant to Section 41 of the Planning Act given on November .2000,
shall supersede the site plan approval, pursuant to Section 41 of the Planning Act,
provided by the Township on March 3, 1999 and the Site Plan Agreement dated
March 3, 1999, insofar as if affects the subject lands only. In all other respects, the
former site plan approval continues to apply.
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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".
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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
"8",
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.
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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.
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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:
SECURITY
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 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.
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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.
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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.
SIGNED, SEALED AND DELIVERED
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) David Britnell, Owner
)
)
)
)
)
)
)
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) Mayor, Ian Beard
)
) \-:~>~i:t~""~h^""."'" 1'<';>,
)
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) Actin
The Corporation of the
Township of Oro-Medonte
per:
,/"
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erk,
icki I. obertsan
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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 David Britnell.
LEGAL DESCRIPTION OF LANDS
Pt. E., pt. Lt. 1, Concession 1, EPR Oro, pt. W1/2 Lt. 1, Concession 1, EPR Orc, Pts. 2 &
14, 51R-28412, being all of PIN #58554-0060 (Lt).
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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 David BritnelL
'SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
Drawing 08-1 dated July, 2000, revised August 18, 2000, prepared by Trade Engineering
Group,
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SCHEDULE "COO
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and David Britnell.
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
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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 David Britnell.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1,
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
Retaining walls, tree planting, landscape
and grading works
$35,000.00
LETTERS OF CREDIT
AMOUNT
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 6 herein.
$35,000.00
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SCHEDULE "E"
SITE PLAN AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
.DATE 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 Unifonn 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 ITom
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 ofOro-
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 of the Township ofOro-Medonte. with Mortgage
Company, as a third party, regarding subdivision of
(property (JescnptlOoJ
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 pennitted. 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
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SCHEDULE
Box /51 - DescriDtion
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Part of West Half Lot 1 and Part of East Half Lot 1, Concession 1, E.P.R.
Township of Oro), Township of Oro-Medonte, County of Simcoe,
Parts 2 and 14 on Reference Plan 51R-28412;
SUBJECT TO an Easement in favour of The Corporation of the Tawnlil1ip of
over Part 14 on Reference Plan 51 R-28412 as set out in Instrument No.
TOGETHER WITH a free. uninterrupted and undisturbed Right-of-Way in perpetuity in
common with the owners from time to time of the lands designated as Parts 1 an 13 on
Reference Plan 51 R-28412 for persons and vehicles over, along and upon that Part of the
West Half Lot 1, Concession 1, E.P.R. (formerly Township of OroJ,Township of OrCi-
Medonte, County of Simcoe, designated as Part 7 and 8 on Reference Plan 51 R-28412
for access and egress for the benefit of the Transferee, its successorli /ind assigns to the
lands conveyed herein.
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