1999-021 To authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and 1165452 Ontario Inc.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99-21
Being a By-law to authorize the Execution of a Site Plan Control Agreement
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WHEREAS By-law No. 94-149, a By-law to Designate Parts ofthe Township as Site Plan
Control Areas, was passed by Council for the Township of Oro-Medonte pursuant to the
provisions ofthe Planning Act, 1990, RS.O. c. P.B, 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;
AND WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, RS.O. 1990 c. P.B, as amended, and Council deems it
necessary to enter into a Site Plan Control Agreement on the lands described herein;
NOW THEREFORE the Council of The Corporation of the Township ofOro-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 ofOro-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.
Read a first and second time this 3rd day of March, 1999.
Read a third time and finally passed this 3rd day of March, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard /
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Clerk, Lynda Aiken
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APPENDIX "B"
SITE PLAN AGREEMENT
- between -
1165452 ONTARIO INC.
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
February, 1999
By-Law No. 1999-
DESCRIPTION OF LANDS
Part East Half and Part West Half Lot 1,
Concession 1, EPR, Township of Oro-Medonte being
Parts 2 & 3 on Reference Plan 51R-1124 and
Part 1 on Reference Plan 51R-27431
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 10
Part 11
Part 12
Schedule" A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
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THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Covenants by the Mortgagee
Development Changes
General Requirements
The Lands, Plans and Representations
Requirements Prior to Execution of Agreement
Pre-Construction Requirements
Financial Requirements
Construction Requirements
Building Permits and Occupancy
Default Provisions
SCHEDULES
Description of Lands Being Developed
Site Grading Plan
Works to be Constructed
Itemized Estimate of Cost of Construction of Each
Part of the Works
Deeds and Easements to be Conveyed
Parkland
Site Grading Plan
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.
day of January1999, in accordance
BETWEEN:
1165452 ONTARIO INC.
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 the
creation of four (4) additional lots by severance, 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
Grading 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.
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) All work shall be performed on the lands as per the Site Grading Plan, attached
hereto as Schedule "B".
d) The Owner shall, obtain all necessary 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.
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
Five Thousand Dollars ($5,000.00). The owner shall replenish the refundable
deposit, to its full amount, when the expenses and actual costs are submitted by
the Township.
g) That there are presently two (2Lmortgage(s) registered against the title to the
subject property in favour of the Mortgagee.
h) The Owner shall file with the Township Solicitor, for his approval, a postponement
of Mortgage/Document.
i) The Owner shall have delivered to the Township all Transfers/Deeds, Discharges
and Easements or other documents required by Schedule "E", 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 the severance of four (4) lots
and retaining one (1) original lot and described on the Site Grading 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.
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3. COVENANTS BY THE MORTGAGEE
The mortgagee covenants and agrees as follows:
a) That registration of this Agreement against the title to the subject property shall be
made and the Mortgagee agrees to postpone its mortgage interest in the property
to this Agreement.
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 beer; 8oproved in
writing by all Parties.
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PART-5
GENERAL REOUIREMENTS
5.1.
OWNERS CONSULTING ENGINEERS
The Owner shall employ engineers registered and in good standing with the Association of
Professional Engineers of Ontario:
5.1.1 to prepare designs in accordance with the Township of Oro-Medonte Engineering
Standards and Drawings (dated June 1997);
5.1.2 to prepare and furnish all required drawings and specifications;
5.1.3 to ensure works are performed according to the Site Grading Plan;
5.1.4 to act as the Owner's representative in all matters pertaining to the development;
5.1.5 to furnish the Township with a certificate with respect to each lot or building block for
which a Building Permit application is made, certifying that the proposed construction is
in conformity with the Site Grading Plan or with an approved variation; (Note: That a
professional engineer could also be retained to provide the aforementioned and any cost
incurred by the Township will be the responsibility of the Owner or individual lot
owner);
5.1.6 to prepare and provide the Township, for each lot or block within the plan, a certificate
of final grade elevation, indicating that the property has been developed in conformity
with the Site Grading Plan or with an approved variation (Note that a professional
engineer could also be retained to provide the aforementioned and any costs incurred by
the Township will be the responsibility of the Owner or individual lot owner) ;
NOTE: In the case of lots built on after the sale or transfer by the Owner, the Township
reserves the right to request a similar certificate as required under 5.1.5 and 5.1.6, but it may be
provided by a Professional Engineer, other than the Owner's Consulting Engineer. If the
Township has their Engineer prepare the Certificate, the cost of the work will be deducted from
the final occupancy and lot grading deposit and will become the responsibility of the individual
lot Owner.
5.2 REGISTRA nON
The Owner consents to the registration of the Site Plan Agreement by the Township and at the
sole discretion of the Township upon the title of the lands, the registration expenses shall be
included as a legal expense to the Owner.
5.3 VOIDING AGREEMENT
In the event that the Plan is not registered within one year from the date of signing this
Agreement, the Township may at its option, declare this Agreement to be null and void.
5.4 MORTGAGEE BECOMING OWNER
The mortgagee(s) hereby agrees that in the event of him/they becoming the Owner (s) of the
lands under his/their mortgage by way of foreclosure, purchase or otherwise, either beneficially
or in trust, then the mortgagee s) shall be deemed to be postponed to this Agreement and any
lands registered in the name of the Township shall be free of the mortgagees), and the
mortgagee(s) agrees to register a discharge of the mortgagees) on those lands if called upon by
the Township, to do so, and he/they shall be subject to the terms of the Agreement as though
he/they had executed this Agreement in the capacity of the Owner.
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5.5 ASSIGNMENT OR TRANSFER OF MORTGAGE
The mortgagee(s) agrees that in the event of him assigning or transferring the mortgage(s) on the
lands, the assignment(s) or transfer(s) shall be subject to the terms hereof, in the same manner as
if the assignee or transferrer has executed this Agreement.
5.6
LANDS FOR MUNICIPAL PURPOSES
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The Owner agrees to grant good title in fee simple free and clear from all encumbrances unto the
Township, lands for municipal purposes other than roads, which shall be mutually agreed upon
by the Owner and the Township. The Owner also agrees to certify good title to lands by the
Owner's Solicitor. The deeds for the said lands are to be approved by the Township's Solicitor
and thereafter, forthwith, registered and deposited with the Township Clerk. The cost for
preparation and registration of the said deeds shall be paid by the Owner. The Owner shall
provide to the Township's solicitor certification of good title, free and clear from all
encumbrances.
5.7
EASEMENTS
The Owner agrees to grant at his expense all such easements and rights-of-ways as may be
required for the installation and supply of services to the development and to deed lands to the
Township, as set out in Schedule "E". The Owner also agrees to certify good title to easements
and right-of-ways by the Owner's Solicitor. Prior to executing this agreement, all known
easements shall be filed with the Township in a form approved by the Township's Solicitor.
5.8 ONTARIO HYDRO AND BELL CANADA
The cost of any relocations or revisions to Ontario Hydro and/or Bell Canada which are
necessary to accommodate this development shall be borne by the Owner.
5.9 SIMCOE COUNTY BOARDS OF EDUCATION WARNING
The Owner agrees to advise all prospective purchasers that enrolment within the designated
public school sites in the community is not guaranteed and that pupils may be accommodated in
temporary facilities and/or be directed to facilities outside of the area.
This clause is to be placed in any agreement of purchase and sale entered into with respect to any
lots on this Plan. The clause should remain in perpetuity as lots may not be sold or built upon for
some time.
5.1 0 WARNING TO PROSPECTIVE LOT PURCHASERS
The Owner shall provide copies of Clauses, 5.1.5), 5.1.6) & Note of 5.1, 5.9, 9.3, 10.2, 11.1, 11.2
and 11.3 to each prospective purchaser of a lot(s).
5 .11 SAVE HARMLESS
The Owner covenants and agrees with the Township, on behalf of itself, its successors and
assigns, to indemnify and save harmless the Township, its servants and agents from and against
any and all actions, suits, claims and demands whatsoever, which may arise either directly or
indirectly by reason of any work performed, as per Schedule "D".
. 5.12
The Owner further covenants and agrees to release and forever discharge the Township from
and against all claims, demands, causes of actions, of every nature and type whatsoever that may
arise either as a result of the failure of the Township to carry out any of its obligations under this
Agreement, or as a result of the Township performing any municipal work on the said lands or
the adjacent properties which may damage or interfere with the works of the Owner, provided
that such default, failure or neglect was not caused as a result of negligence on the part of the
Township, its servants or agents.
ENUREMENT
This agreement shall endure to the benefit of and be binding upon the parties and their heirs,
executors, administrators, successors and assigns.
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PART 6
THE LANDS, PLANS, AND REPRESENTATIONS
6.1 SCOPE OF AGREEMENT
6.2
DESCRIPTION OF LANDS - The lands affected by this Agreement are the lands described in
Schedule "A" hereto.
6.3
PLAN REFERENCE - For the purpose of this Agreement, references are made to the Site Plan
attached hereto as Schedule "B". The use and development of the subject lands shall be in
accordance with and as set out in the Site Plan.
6.4 CONFORMITY WITH AGREEMENT - The Owner covenants and agrees that all work shall be
performed on the said lands in conformity with:
6.4.1) the provisions of this Agreement, including the Schedules hereinafter referred to;
6.4.2) the Plans and Specifications submitted to and accepted by the Township as being within
its design criteria including, without limiting the generality of the foregoing, the
following:
Drawing No.
Description
G-1
Site Grading Plan
Dated: October 1998
Revised January 21, 1999
STD-1
General Notes & Details
6.4.4) all applicable Township By-laws - including any applicable Site Plan Control By-laws;
6.4.5) all applicable Provincial and Federal Legislation.
6.5 SCHEDULES ATTACHED - The following schedules are attached to and form part
of this Agreement:
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Description of Lands Being Developed
Site Grading Plan
Works to be Constructed
Itemized Estimate of Cost of Construction of Each,
Part of the Works
Deeds and Easements to be Conveyed
Parkland
Site Grading Plan
Standard Township Letter of Credit
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"
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PART-7
REQUIREMENTS PRIOR TO EXECUTION OF AGREEMENT
7.1 Prior to the execution of this Agreement by the Township, the Owner shall:
7.1.1) Taxes - have paid all Township tax bills issued and outstanding against the said lands,
7.1.2) Deeds and Easements - have delivered to the Township all transfers/deeds, discharges
and easements or other documents required by Schedule "E", 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,
7.1.3) Postponement Mortgage/Charge - file with the Township Solicitor, for his approval, a
postponement of Mortgage/Charge document,
7.1.4) Refundable Cash Deposits, & Security - have paid to the Township all refundable cash
deposits and security required by Schedule "0",
7.1.5) Land Ownership- be the registered owner in fee simple of the lands described in
Schedule "A", and that there will be no encumbrances registered against the said lands,
7.1.6) Ministry etc. Approvals - obtain and file with the Township confirmation approvals from
the following:
7.1.6.1)
7 .1.6.2)
Health Unit;
County of Simcoe
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PART-8
PRE-CONSTRUCTION REQUIREMENTS
8.1 Prior to Starting Construction of the Development Works, the Owner shall:
8.1.1
Erosion And Siltation Control
The Owner must take all necessary precautions to prevent erosion and sedimentation of
sewers, ditches, culverts, slopes, etc. both within the Development and downstream prior
to and during construction. Failing adequate precautions being taken, the Owner shall be
responsible for correcting any damage and paying all maintenance costs resulting
therefrom.
8.2 BREACH OF AGREEMENT
lfthe Owner commences or causes construction of the works prior to satisfying the requirement
of this Agreement, it shall be subject to the penalties identified in Part 12.
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PART-9
FINANCIAL REQUIREMENTS
9.1 DEVELOPER'S EXPENSE
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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.
9.2
TOWNSHIP'S LEGAL. PLANNING AND ENGINEERING COSTS
The Owner agrees to pay to the Township, the cost of the Township's lawyer and planner for all
costs involved in processing the development and of the Township's Engineer for checking of
plans and specifications and inspection on behalf of the Township. The inspection by the
Township will depend on the type of construction and the amount provided will be deemed
necessary by the Township. In this regard, the Owner agrees to pay to the Township, the sum of
Five Thousand Dollars ($5,000.00) upon submitting a Plan to the Township for consideration to
be applied to account of such costs. As accounts are received from the Township planner,
lawyer, and engineer, they will be paid by the Township and then submitted to the Owner for
reimbursement within thirty (30) days, so that the initial deposit will again be built up to enable
the Township to pay the next accounts as they are received. In the event that the deposit is
drawn down to a level of Two Thousand Dollars ($2,000.00) or less, and the Owner does not
pay the accounts within thirty (30) days, it is hereby understood and agreed that the Owner
would be in default of this Agreement and the Township may, without notice, invoke default
provisions as set out in this Agreement.
9.3 DEVELOPMENT CHARGES, ACT LEVIES AND DRAINAGE AND LOCAL
IMPROVEMENT CHARGES
a) The Development Charges Act Levy in place at the time of the execution of this
agreement is Two Thousand, Nine Hundred and Sixty Dollars ($2,960.00), per
dwelling unit.
The Development Charges Act Levy is to be paid at the time the building permit is
issued and shall be in the amount of the Development Charges Act Levy in place at the
time of issuing the permit.
Note: In addition to the Municipal Development Charges, the lots may be subject to County
Development Charges, Education Development Charges and applicable Development Charges of
any Public Utility Commission. The Owner agrees to deliver a copy of this clause to each and
every prospective purchaser and/or builder obtaining a Building Permit for any lot on the said
Site Plan.
9.4 SECURITIES
Prior to signing the Development Agreement, the Owner will deposit with the Treasurer of the
Township to cover the faithful performance of the contract for the installation of the said
services and the payment of all obligations arising thereunder 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 "H" with an automatic renewal clause, in the amount of one
hundred percent (100%) of the estimated costs of the said works, as set out in Schedule
"D" 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, three (3) months prior to expiration.
Unless the Letter of Credit is renewed as noted above, the Township shall have the
absolute right to refuse to issue building permits and to prohibit occupancy of homes,
whether partially or fully completed, from the said date, three (3) months prior to the
expiration of the Letter of Credit, or the Township may cash the Letter of Credit until a
satisfactory Letter(s) of Credit is received by the Township.
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c)
Notwithstanding the provisions of subparagraphs (a) and (b) above, the estimated cost of
the Works as set out in Schedule "D" will be reviewed and updated by the Township
Engineer on each anniversary of the date of execution of this Agreement. In the event of
an increase, the Owner shall provide additional security as required by the Township
Engineer within thirty (30) days of notice by registered mail from the Township
Engineer.
d)
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.
Application - 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, Development Charge By-Law obligations, or other costs
incurred by the Township which are the responsibility of the Owner under the terms of this
Agreement, as well as Development Charges and costs to acquire lands or interest therein.
e)
Default - 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 (its servants, agents or sub-contractors) shall, if the Township so elects,
have the right and privilege at all times to enter upon the said lands for the purpose of
repairing or completing any work or services required to be completed by the Owner under
this Agreement.
t)
Exceeding Cost Estimates - If the costs of completing such work or service, exceeds the
amount of security held by the Township, such excess shall be paid by the Owner to the
Township thirty (30) days after invoicing by the Township. All overdue accounts shall
bear interest at the rate of 12% per annum.
g)
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.
h)
The Construction Lien Act - If the Township becomes obligated to make any payments, or
pay any costs, under the provisions of Section 17(4) of the Construction Lien Act, R.S.O.
1990, c.C.30, this will constitute a default and entitle the Township to realize upon its
security.
i)
Surplus Funds - In the event that the Township cashes a Letter of Credit to complete
Township services or satisfy any obligations under this agreement, any surplus monies that
remain after this work is completed shall, upon full compliance by the Owner with the
terms of this Agreement, be returned to the issuing financial institution for transmission to
that party that took out the original Letter of Credit.
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9.5 DISCHARGE OF SECURITIES
9.5.1 Estimated Cost of Works - After the completion of the services based on the total
Estimated cost of Works in the development or in an approved stage of the development,
and provided the Owner is in compliance with all aspects of the Agreement, the Owner
shall, as the work further proceeds to completion, have the privilege, on application to the
Township and upon Certification of the Township Engineer, of obtaining reductions of the
cash or Letter of Credit deposited for the installation of the services. Ten percent (10%) of
the original estimate will be retained by the Township as a maintenance holdback for one
(1) year after Substantial Completion.
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PART -10
CONSTRUCTION REQUIREMENTS
WORKS TO BE INSTALLED
10.1
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The works to be installed are set out in Schedule "C" to this Agreement. This schedule is to set
out the works in general terms only and shall not be construed as covering all items in detail.
The works are to be designed and constructed in accordance with the current Engineering
Standards adopted by By-law by the Township at the time of signing of the Agreement. A copy
of these standards are available at the Municipal Office.
All drainage works to be completed to the satisfaction of the Township as outlined on the Site
Grading Plan, prior to the Issuance Final Certificate of Occupancy for any lot.
10.2 DRAINAGE AND LOT GRADING
All lots within the Plan shall be graded to drain in accordance with the overall Site Grading Plan
to be prepared by the Owner's Engineer for approval by the Township Engineer. Some fill and
regrading of lots may be necessary during or after building construction. The grading Plan shall
show all existing and final grades on lot comers, as well as mid lot elevations, where deemed
necessary by the Township Engineer.
Note:
It is understood and agreed by the parties hereto, that any further development between the
building envelope and the shoreline after the Site Grading Plan was issued, shall be approved by
the Township and that additional plans and security may be required by the Township.
It is also understood and agreed by the parties hereto that drainage of surface water on the lots
on the plan, is the sole responsibility of the respective lot owners.
The storm swales shall be landscaped and maintained by all subsequent lot owners. The purpose
of the storm swales is to accommodate storm drainage waters from the subject lot and adjacent
lands. No lot owner in the development shall encumber or impede storm drainage in any manner
whatsoever. In the event that the Owner, or any subsequent lot owner, obstructs, impedes, or
interferes with the storm drainage flow through any part of the storm swale, or interferes with the
acceptance of water from any connecting swales, then the Township shall have the right, if it so
elects, to enter upon the subject lands to rectify such problems so that the swales can serve their
original purpose.
Within the swale area, the Owner, and any subsequent lot owner, shall not, construct any works,
remove or permit to be removed any soil from the said swale/easement, excavate, drill, install,
erect or permit to be excavated, drilled, installed or erected in, over, upon, under or through the
said swale/easement, any fence, well, foundation, pavement, building or other structure or other
installation, unless approved by the Township.
The lot owner of any lot in the Site Plan upon which the Township elects to enter for the purpose
of rectifying the said work, hereby agrees to indemnify and release the Township from and
against all claims, demands, actions or causes of action whatsoever arising as a result of the
Township or of its servants or agents entering upon the lands for the purpose of correcting
drainage problems. The cost of such work will be for the account of the lot owner. Any invoices
not paid within thirty (30) days after due date, shall be added to the tax roll and collected in a
like manner as realty taxes, as per section 326 of the Municipal Act.
The Owner agrees to deliver a copy of this Clause to each and every prospective purchaser
and/or builder obtaining a building permit for any lot or part of a lot on the said Site Plan.
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The Owner's Engineer shall prepare a drainage plan for the site for the approval of the Township
Engineer. Generally, the drainage facilities will consist of open ditches within the site plan or
storm sewers in certain locations to provide a satisfactory drainage outlet. The plan will show
how water will be controlled on and off the site and will include swales and/or easements where
necessary.
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11.1
PART -11
BUILDING PERMITS AND OCCUPANCY
SIMCOE COUNTY DISTRICT HEALTH UNIT APPROVAL
The Owner further agrees that he or any person, persons, or Corporation claiming title through
the Owner, will not apply for a Building Permit for any part or portion of the said lands or on any
lot therein, and no Building Permit shall be issued until Simcoe County District Health Unit
Approval has been received for the land in question.
The Owner's Engineer shall prepare an overall Site Grading Plan for approval by the Township
Engineer as a further requirement to Clause 10.2. The plan shall include the following:
(i) envelopes for the proposed house and any adjacent structures on each lot;
(ii) an envelope showing the location, size and elevation of the subsurface sewage system on
each lot and all pertinent engineering design criteria;
(iii) existing and proposed grades of the disturbed area of lot after building, drainage and
sewage works have been completed;
(iv) existing and proposed grades on lot comers and mid lot elevation;
(v) location and type of proposed water well.
The Owner agrees to advise all prospective lot Owner's that a detailed site development
plan for each lot will be required to be prepared by a Professional Engineer registered
with the Association of Professional Engineers of Ontario, for approval by the Simcoe
County District Health Unit and the Township Engineer, prior to the issuance of a
Building Permit for each respective lot. Site development plans which conform to the
overall lot development plan at an approved metric scale using metric dimensions and
elevations, shall include the following:
(A) the location, dimensions and elevations of the proposed dwelling and any structures to be
located on the lot, as well as any adjacent structures on the adjacent lot(s);
(B) the location, size and elevation of the sewage system; all engineering design criteria and
standards pertaining thereto, shall be provided;
(C) the location and type of water well including the water service line to the dwelling;
(D) the existing and proposed grades of the disturbed area on the lot after building, drainage
and sewage works have been completed;
(E) the location and grades of any proposed drainage swales;
(F) the professional engineer will be required to check the elevations of the footings of the
buildings prior to further construction to ensure conformity with the approved plans
noted above;
(G) the professional engineer will be required, prior to the issuance of a Use Permit, to
certify to the Simcoe County District Health Unit, in writing, that the foregoing works
have been carried out in accordance with the approved plans noted above.
The Owner further agrees to construct all works required under Clause 10.2 and as shown on the
approved Site Grading Plans, prepared by Jones Consulting Group, to the satisfaction of the
Township Engineer.
The Owner further agrees to advise all prospective lot owners of the requirement, that it may be
necessary for the sewage system to be installed prior to construction of the home subsequent to
the issuance of a Certificate of Approval.
15
11.2 REQUIREMENTS FOR BUILDING PERMITS
The approval of the plan by the Township or the acceptance by the Township of the works shall
not be deemed to give any assurance that the municipal building permits, when applied for, will
be issued in respect of the lots or blocks shown on the plan.
Notwithstanding the foregoing, no building permits will be given and the Township may refuse
any application until:
~
(i)
Simcoe County District Health Unit approvals have been obtained and submitted to the
Township. Simcoe County District Health Unit requirements are set out in Clauses 10.2
and 11. 1.
(ii) A Certificate Letter and Lot Development Plan has been given by the Owner's
Consulting Engineer or a Professional Engineer registered with the Association of
Professional Engineers of Ontario, that the building to be erected on any lot or block
within the plan, for which a Building Permit has been applied for, is in conformity with
the General Location and Lot Grading Plans or has received the approval of the
Township Engineer with respect to any variance to the grading plan. The individual lot
development plan shall indicate slope stabilization design and landscaping.
The individual Lot Development Plan must be approved by the Township Engineer prior
to issuance of a Building Permit.
Final Occupancy and Lot Development deposit will be determined by the Township
Engineer and will be payable prior to issuance of a Building Permit. The deposit may
vary depending on the proposed grading works.
11.3 REQUIREMENTS FOR OCCUPANCY
11.3.1 No buildings erected on the lots or blocks within the plan shall be occupied until a
PROVISIONAL CERTIFICATE OF OCCUPANCY has been issued by the Township in
accordance with the Township Building and Plumbing By-Law.
PROVISIONAL CERTIFICATE OF OCCUPANCY means a permit issued to allow
occupancy of a building.
11.3.2 A FINAL CERTIFICATE OF OCCUPANCY will not be issued until:
(i) A Certificate Letter and individual Lot Development Plan has been given by the
Owner's Consulting Engineer, or a Professional Engineer, registered with the
Association of Professional Engineers of Ontario, that the building constructed,
and the final grading of the lot or block is in conformity with the General
Location and Lot Grading Plans or such variance therefrom has been approved
by the Township Engineer.
The final grading on the individual Lot Development Plan must be approved by
the Township Engineer prior to issuance of a FINAL CERTIFICATE OF
OCCUPANCY.
FINAL CERTIFICATE OF OCCUPANCY means a permit issued when all
outstanding items on a Provisional Certificate of Occupancy including grading
have been completed.
(ii) Driveway culvert and end protection has been provided to the satisfaction of the
Township in accordance with the Township's Road Occupancy Permit.
.
(iii) Any deficiencies on a Provisional Certificate of Occupancy has been complied
with. It is agreed that a copy of Part 11 shall be delivered by the Owner to each
and every builder obtaining a builder's permit or any prospective purchaser of
the dwelling for any lot or part of a lot on the said plan.
(iv) All drainage works are to be completed to the satisfaction of the Township.
(v) Demarcation between the front lot line and recreational trail shall be completed.
16
e Per
Title
Per
Title
e
PART -12
DEFAULT PROVISIONS
12.1.
DEFAULT PROVISIONS
Notwithstanding anything herein before contained in this Agreement, when the Owner is deemed
by the Township to be in default of this Agreement, the Township reserves the right to realize upon
securities deposited by the Owner to recover costs incurred by the Township, in accordance with
the provisions of Part 9.5 of this Agreement, and/or to restrict or refuse issuance of building and/or
occupancy permits for lots or blocks within the Plan, until such time as the Owner is in full
compliance with the provisions of this Agreement.
12.2
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and enure to the h'-v
respective heirs, executors, administrators and assigns.
the parties hereto and their
12.3 SUBSTITUTION FOR APPROVALS
Wherein this agreement reference is made to any named Ministry of the Province or other public
body, such reference where the same requires their approval is deemed to be a reference to any
other Ministry or body as may be substituted by legislative change or policy of the Provincial
Government.
IN WITNESS WHEREOF the parties hereto have executed this Agreement and have hereunto caused to
be affixed the corporate seals, duly attested to by the proper signing officers.
SIGNED, SEALED AND DELIVERED this"~/Lcl
/W(,<
day oLEebmary A.D. 1999.
THE CORPORATION OF THE TOWNSIDP OF ORO-MEDONTE
17
e
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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 ofOro-Medonte and 1165452 Ontario Inc.
DESCRIPTION OF LANDS AFFECTED BY THIS AGREEMENT:
ALL AND SINGULAR, that certain parcel or tract of premises, situate, lying, and being in the
Township of Oro-Medonte (formerly Township of Oro), in the County of Simcoe, and being
composed of the whole ofthe lands described as follows:
Part East Half and Part West Half Lot 1,
Concession 1, EPR, Township of Oro-Medonte being
Parts 2 & 3 on Reference Plan 51R-1124 and
Part 1 on Reference Plan 51R-27431
18
e
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,
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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 ofOro-Medonte and 1165452 Ontario Inc.
SITE GRADING PLAN
Is not in a registerable form.
19
, .
.
.
NOTE:
..
SCHEDULE "C"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township ofOro-Medonte and 1165452 Ontario Inc.
WORKS TO BE CONSTRUCTED
Storm drainage works including ditches, culverts, storm sewer and flow spreaders;
All of the above works are incorporated on to the following engineering drawings
prepared by Jones Consulting Group, Site Grading Plan G-1, and General Notes &
Details STD-1.
The above referenced drawings were stamped as accepted by the Township, on
January 21, 1999.
20
.
.
...
SCHEDULE"D"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township ofOro-Medonte and 1165452 Ontario Inc.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION OF EACH PART OF THE WORKS
The following list summarizes the cost estimate of the major works but is not necessarily inclusive:
1.0 Storm Drainage works complete including storm
sewers, catchbasins, culverts, topsoil,
seed and mulch, sod, ditching and siltation and
erosion control devices....................................................... .......... ...$29,800.00
2.0 Engineering and Contingencies.................................................. $ 2,980.00
SUB-TOTAL
$32,780.00
$ 2,295.00
7% G.S.T.
TOT ALCOST
$35,075.00
21
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.
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SCHEDULE "E"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township ofOro-Medonte and 1165452 Ontario Inc.
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 TOWNsmp
Part No. 6
Part No. 7
Part No. 8
Part No. 9
Part No. 10
Part No. 11
Part No. 12
Part No. 18
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNsmp
Drainage Easement
Part 13
Part 14
Part 15
Part 16
Part 17
6.0m X 31.39m
5.5m X 61.8m
5.5m X 64.5m
10.0m X 70.1m
7.0m X 70.7m
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
22
.
.
,
..
NOTE:
SCHEDULE "F"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township ofOro-Medonte and 1165452 Ontario Inc.
PARKLAND
Part No. 6
Part No. 7
Part No. 8
Part No. 9
Part No. 10
Part No. 11
Part No. 12
Part No. 18
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
Recreational Trail
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
RP-51R-28412
23
.
.
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SCHEDULE "G"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township ofOro-Medonte and 1165452 Ontario Inc.
SITE GRADING PLAN
PROCEDURE
After the Site Grading Plan has been approved by the Township, then:
a) six copies to be delivered to the Solicitor for the Township;
b) six copies to be delivered to the Township;
24
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.
SCHEDULE"H"
AGREEMENT - STANDARD FOR TIlE 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 Uniform Customs and
Practices for Documentary Credits (1993 Revision), being ICC Publication No. UCP 500.
TO:
THE CORPORATION OF THE TOWNSIDP 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 ot CredIt III your tavour, in the above amount, whIch may be drawn on by
you at any time and from 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 of Oro-Medonte. The original Letter of Credit must be presented to us at : Bank of
, , Ontario, . The Letter of Credit, we understand,
relates to the :SHe t'lan Agreement between our said customer and the Corporation of the Township of
Oro-Medonte, with Mortgage Company, as a third party, regarding subdivision of
(property description)
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 permitted. 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 hereot:
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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New Property Identifiers
Executions
Additional:
See 0
Schedule
Additional:
See
Schedule
Document General
Form 4 - Land Re istration Reform Act
Do Process Software Ltd. . (416) 322-6111
(1) Registry !XI
(3) PropertY
Identifier(s)
Land Titles 0 (2) Page 1 of 1
pages
Property
Block
Additional:
See 0
Schedule
(4) Nature of Document
Site Plan Agreement
(5) Consideration
TWO----------------------------------------------- Dollars $ 2.00
(6) Description
Part of West Half Lot 1 and Part of East Half Lot 1,
Concession 1, E.P.R. (formerly Township ofOro)
Township of Oro-Medonte, County of Simcoe
designated as Parts 2 and 3 on Reference Plan 51R-1124 and
Part 1 on Reference Plan 51R-27431
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch !XI
(b) Schedule for:
Additional
Description 0 Parties 0 Other 0
(8) This Document provides as follows:
Site Plan Agreement between 1165452 ONTARIO INC. and THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Attached
(9) This Document relates to instrument number(s)
(10) Party(ies) (Set out Status or Interest)
Name(s)
!I!.E..~9..BrORATION OF THE
TOWNSHIP OF ORO-MEDONTE
I..p'.;!ve. authority to bind the Corporation
(11) Address
for Service
(12) Party(ies) (Set out Status or Interest)
Name(s)
1165452 ONTARIO INC. (Owner)
.-......-.
(13) Address
for Service
(14) Municipal Address of Property
Not assigned
Continued on Schedule !XI
Signature(s) Date of Signature
. 1. ' Y 1M D
Per: -~~~L_._----1--19...~?-..t'~JJI.:::i
Name: Lynda Aiken !
Title: Clerk =t
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P.O. Box 100, Oro, Ontario, LOL 2XO
Signature(s)
Date of Signature
Y M D
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....-.....-.........-......-.......l..-........j.......-
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...........-.................
60 Collier Street, Barrie, Ontario, L4M 1G8
(15) Document Prepared by:
Fees and Tax
Klaus N. Jacoby, Esquire
Barrister and Solicitor
Box 350, 34 Clapperton St.
Barrie, Ontario L4M 4T5
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Document prepared using Form'L Ware LandForms