1999-035 To authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Sherry Kelly
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 99- 35
BEING A BY -LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN
CONTROL AGREEMENT.
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, 1990, R.S.O. 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;
AND WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, R.S.O. 1990 c. P. 13, as amended, and Council deems it
necessary to enter into a Site Plan Control Agreement on the lands described herein;
NOW THEREFORE the Council of 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 7th DAY OF APRIL 1999.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7th OF
APRIL 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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New Property Identifiers
Executions
(8) This Document provides as follows:
Form NO 96:;
Document General
Form 4 - Land Registration Reform Act. 1984
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Additional:
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Schedule
Additional:
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Schedule
Site Plan Agreanent as attached.
(9) This Document relates to Instrument number(s)
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(10) Party(ies) (Set out Status or Interest)
Name(s)
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(1) Registry [j
(3) Property
Identifier(. )
Land Titles D (2) Page 1 of 13 pages
Block Property
Additional:
See [
Schedule
(4) Nature of Document
Site Plan Agreanent urder Section 41(10) of the
Planning Act.
(5) Consideration
n/a
(6) Description
Dollars $
All that being Lots 26, 43, 110, 111, am 112, Plan
309, Tarmship of Oro-Medonte (fonnerly Township of
Medonte), County of Simcoe, designated as Parts
3 & 4, Reference Plan 5IR-189?
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(7) This
Document
Contains:
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(a) Redescription
New Easement
Plan/Sketch
(b) Schedule for:
Description D
Additional
Parties 0 Other OCJ
Continued on Schedule 0
Signature(s)
Date of Signature
Y M D
. . . . . . . . . .
1999
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ration.
(12) Party(ies) (Set out Status or Interest)
Name(s)
, . . . KELLY.,. Sherry. . . . . . . . . . . . .
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Signature(s)
Date of Signature
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..................................
Fees and Tax
(15) Document Prepared by:
Lynda Aiken, Clerk
TONDshjp of Oro-Medonte
P.o. Box 100
Oro, ON LOL 2XO
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(13) Address
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(14) Municipal Address of Property
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APPENDIX "B"
SITE PLAN AGREEMENT
.
- between -
SHERRY KELLY
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Concession 14, Part Lot 6,
Plan 309, Lots 26,43,110,111,112
RP51R1897, Parts 3 & 4
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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March, 1999
By-Law No. 1999-
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Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
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 Mortgagee
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
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This Agreement made in quadruplicate this 7d day of March, 1999, in accordance with
Section 41 of the Planning Act.
BETWEEN:
SHERRY KELLY
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 a garage 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.
.
b) This Agreement may be registered against title to these subject lands and shall take
priority over any subsequent registrations against the title to the subject lands.
c) No work shall be performed on the lands nor any use made of the subject lands with
respect to the proposed development except in conformity with all the provisions of
this Agreement.
d) The Owner shall, prior to the execution of this Agreement obtain all necessary permits
and approvals from the Township and from all Ministries and Agencies, including, but
not limited to the County of Simcoe 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 $ . 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 is presently one (1) mortgage 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 "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:
e8)
b)
That the Township has enacted a By-law to permit the garage described on the Site
Plan.
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.
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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".
b) Lightina
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 Drivewavs
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 Storaqe
No outside storage shall be permitted between any
buildings on the premises and any street. Any other outside storage
shall be contained in the fenced compound as identified on Schedule
"B".
e) Garbage Storaae
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.
a
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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.
.6.
SECURITY
Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township to
cover the faithful performance of the obligations of the Owner arising under this Agreement,
including but not limited to the construction of the works and services identified in Schedule
"0" to this Agreement (the "said Work"), the following securities:
a) Cash in the amount of one-hundred percent (100%) of the estimated cost of the said
work as approved by the Township Engineer and Township Council, or:
b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the
requirements of Schedule "E", with an automatic renewal clause, in the amount of one
hundred percent (100%) of the estimated costs of the said works, and as approved by
the Township Engineer. The Letter of Credit shall be for a minimum guaranteed
period of one (1) year or such time as the Township decides and shall be renewed
automatically, as necessary, thirty (30) days prior to expiration.
c) The Township reserves the right to accept or reject any of these alternative methods
of providing securities. Prior to depositing the securities, the Owner's Engineer shall
submit an estimate of the cost of the works to the Township Engineer for approval.
When the cost estimate has been approved, it will be set out in Schedule "0" 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
&ny 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
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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.
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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) The Corporation of the
) Township of Oro-Medonte
) per:
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) Mayor, Ian Be~rd
)
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) Clerk, Lynda Aiken
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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 Sherry Kelly.
LEGAL DESCRIPTION OF LANDS
Concession 14, Part Lot 6,
Plan 309, Lots 26, 43,110,111,112
RP51R1897, Parts 3 & 4
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NOTE:
SITE PLAN
SCHEDULE "B"
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Sherry Kelly.
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
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SCHED ULE "C"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Sherry Kelly.
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 Sherry Kelly.
ITEMIZE ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
2.
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.
N/A
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SCHEDULE "E"
SITE PLAN AGREEMENT - STANDARD FOR THE TOWNSHIP
"STANDBY" LETTER OF CREDIT
. DATE OF ISSUE,
IRREVOCABLE LETTER OF CREDIT
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 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.
,
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Pursuant to the request of our said customer, , we, the Bank of
, , Ontario, , kereby 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 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 a Site
Plan 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 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.
_ated at
, Ontario, this
day of
19
authorized signature
authorized signature
Bank of
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