2012-041 Site Plan Control Agreement - Terra-Moda Building CorpTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -041
A By -law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro - Medonte
and
1654833 ONTARIO LIMITED
and
TERRA -MODA BUILDING CORP.
described as lands as follows:
High Vista Drive
Parcel 1 -10 Section 51 -Med -3 Being Part of Lot 1, Concession 3 Designated As Part 1
And 17 On Plan 51r-32830, Township Of Oro - Medonte (Formerly Township Of Medonte),
County Of Simcoe
Pin 58527 -0453 (Lt)
Roll# 4346- 020 - 010 -00405
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 Agreement on the lands described herein;
AND WHEREAS By -Law No. 2009 -062, a By -Law to Designate Areas 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. 2009 -062;
NOW THEREFORE the Council 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 "A ", 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 Appendix "A" and Schedules "A, B, C and D" shall form part of this By-
Law;
4. THAT this By -Law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 7TH
DAY OF MARCH, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
ayor, H.S. Hu
J.
APPENDIX "N'
SITE PLAN AGREEMENT
-between -
1654833 ONTARIO LIMITED
mend -
TERRA-MOIDA 1BUILDiNG CORP.
- and.
THE CORPORATION OF THE
TOWNSHIP OF OROMEDONTE
DESCRIPTI ,ON OF LANDS
HIGH VISTA DRIVE
PARCEL 1-10 SECTION W 51 � ..iD
m -3 BEING PART OF LOT li CONCESSION L 3
E
DESIGNATED AS PART I AND 17 ON PLAN, 51 R-32830 TOWNSHIP, OF ORO-
MEDONTE, (FORMERLY TOWNSHIP OF MEDONTE), COUNTY OF SIMCOE
PIN 58527.0453 (0).
ROLL# 4346,020-010-00405
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
March 7, 20,12
By-Law, No. 2012-041
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN. AGREEMENT
TWA OF CONTENT*
Section 1
Covenants by the Owner
Section 2
Covenants by the Township,
rig
Section. 3
Development RestActions
Section 4
Development : Chang"
Section 5
Security
Section 6,
Compliance:
Section 7
Co- operation
Section 8
Binding Effect
Section 9
Severability of Clauses
Section. 10
Save Harmless
SCHEDULES
21
SITE PLAN. CONTROL AGR I ENT
This Agreement made,. in triplicate, this 7th day of March , 2012, in accordance with
Section 41 of the Planning Act.
B E T W E E N. 1654833 ONTARIO LIMITED
Hereinafter called the "Owner"
PARTY OF THE :FIRST PART
-and-
TERRA-MODA BUILDING % CORP.
Hereinafter called the "Owner"
PARTY OF THE SECOND PART
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Township"
PARTY OF THE THIRD PART
WHEREAS the Owner has applied to the Township of Oro-Medonte to pen-nit a
26- velopment on lands described in Schedule "A7, attached hereto;
2L Township has enacted a By-law to provide for the designation of the
use as subject to "Site Plan Control";
AN, D WHEREAS the (Owner intends to develop the lands in accordance with the Site Plan
attached hereto as> Schedule V
NOW:THEREFORE This Agreement Witnesseth THAT in consideration of the mutual.
covenants hereinafter contained, the parties hereto hereby covenant and agree as follows:
1
1. COVENANTS BY TH15 OWNtA,
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 aRegistered 'Deed containing the legal
description of the subject lands.
b) This Agreement maybe 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
withresped to th development, except fn 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 im Nottawssaga Valley
,Ijio,t!limitod.,to,thoC,oun!t.y.-OS toe
Conservation. Authority, and Ministry of the Environment.
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 andstaff,. perform
anVwork in connection with this Agreement, including, the preparation, drafting,
execution, and .registration :of this Agreement. The Owner acknowledges and
agrees . that the Owrw 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 words I "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for- expenses and actual cost shall be
500U0. The Owner shall replenish, therefundablb 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.
h The Owner agrees that priorto issuance of a Building Permit, a Sewage System
Permit approval. -must be received by the Township/Ministry of the Environment, if
applicable.,
i) The Owner shall: comply with all requirements of the Nottawasaga Valley
Conservation Authority and any necessary permits.
2. COVENANTS: BY THE TOWNSHIP
The Township covenants and agrees, as follows:
a) That the Township has enacted a 13y4aw to permit the development of O unit
townhouse development on lands described - in Sc I h0dule %7, a. ttached, hereto;
b) That the agrees es that e by the Owner with all relevant
Mhip subject to compliance
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 "B7, subject to the development restrictions contained herein.
2
3. 'DEVELOPMENT RESTRICTION
The Parties hereto acknQ%Medge 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) Ughting
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 shalt be constructed in conformity with Sections
5,19 and ,5..20of�,. By -law .No. .97, as amended, and the Ontario Building Code
.
latioh #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
shalt be constructed, as tin Schedule "B" :attached. The Owner agrees to obtain
all necessary approvals from the Township of OroWedonte.
d) outside Storagg
No outside storage shall be permitted, between any buildings on the premises end
any street.
e) Erosion and Siltation .Control
Must talcs n. cessar
The Owner re
y precautions to prevent erosion and
sedimentation of d I itches and I culverts, slopes, etc.., within the Site Plan, and
downstream prior to and,dudng construction.. The Owner agrees to maintain all
erosion and siltation control devicesth good repair until vegetative cover has been,
successfully established.
f) Nottawasaga Valley Conservation Authg-nit.
1. That the owner shall, agree to carry out or cause to be carried out the
recommendations and measures contained within the plans and reports as
approved by the conservation authority and the Township.
2. That the owner shall agree to ensure that all stOrmwater management facilities
and sediment and erosion control measures will be in place prior to any site
alteration,
3. That the: owner shalt agree to engage a qualified, professional to certify in writing
that the works were constructed in accordance with the plans, reports, and
specifications, as approved by the conservation, authority and the Township.
4. That the owner shall agree to ensure that a, qualified company maintain the
oillgrit separator in accordance with. the manufActurer's maintenance schedule.
4 DEVELOPMENTC.HANaES
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 by all
parties It is the intention of the parties that material amendments to this Agreement be
properly recorded. Such amendments may take the form of a registered: Amending
Agreement an unregistered Agreement, exchange of correspondence,: Memorandum of
Confirrnation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
5
5. 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, ncluding but not lirn 'ited to the construction of the works and services
identified in Schedule "D" Agreement ement(the"sal Id W or k"), the following securities,-
.
a) Cash in%the amount of one hundred percent (1 OU%) of the estimated cost of the
said work, as approved by the Township Engineer and Township Council, or:
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 estirriated
cost cif completing' the varlous 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., plan.0ing or other costs incurred by the Township,
which are the . responsibility of the Ovner, under the terms of this Agreement.
f) if in the event of default: of the Owner under any of the :provisiohs 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) day's
notice, its .intent to draw down on the security or deposit.
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 o
it, be at fiberty to utilize the provisions f Section 427 of the .Mu icipal Act,
2001, S. 0-200 1,,,,c. 25, as amended.
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
registrationand giving effect to the provisions of this Agreement.
9
8. BINDING EIF
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.
9. SEVERABILITY OF CLAUSES
Should any section, subsection, qla, use, paragraph or provision of this Agreement be
declared by a `Court of cctnpetent 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.
10. SAVE HAR LESS
The Owner, on behalf of itself, Its successors and assigns, agrees to'indemnifyand 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 Townshi p, its servants or agents or sub - contractors.
IN WITLESS WHEREOF, the'.Partles hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
)1554833 Ontario Limited
}
Name: Luigi Martellacci
Title: President
t have the abifity to bind the
),Corporation
)
Terra -Moda S ilding Corp.:
)
Name; Lui i Martellacci
Title: President
Have the ability to bind the:
Corporation
J The Corporation of the
} Township of Oro-Medonte
1:
SCHEDULE "A7
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro- Medonte, 1654833 Ontario
Limited, and Terra- Moda'Buiiding Corp.
PIN 58527 -0453 (LT)
ROLL# 434E - 020 -010 -00406
TOWNSHIP OF ORO- MEQQNTE'.
COUNTY OF SIMCOE
8
S H E } lLE 44897
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Ciro- Medonte, 1654833 Ontario
Limited, and Tarra -Mode. Building Corp.
Site Plan Drawings; are not in a registerable form and are available from the Township of Ora-
Medonte. Drawings approved. by the Township and their consultant AECOM! dated August
26, 2011 include the following
1. Odan Detach Inc..'Leger d and Abbreviations Drawing 1 of 9
2. Odan Detach Inc. General Plan Drawing 2 of 9
3. Odan Detach Ino. Grading Plan Drawing 3 of 9
4. Odan Detach Inc.. Site Servicing Plan Drawing 4 of 9
5. Oda.n Detach Inc. Erosion /SiltatiIon Control Plan Drawing 5 of 9
6. Odan Detach Inc. Stormwater Management Pend Details and Section .Drawing 6
of 9'
7. Odan Detach Inc. Infiltration Trench Drawing 7' of ,9
8. Odan Detach Inc. Details Drawing 8 of 9'
9. Odan Detach InQ, Notes and Details Drawing 9 of 9
10. Landplan Landscape Architects Landscape Plan Drawing LP -1 and LP -2
11. Streetlighting System Drawing. SL -1 (RTG "Systems)
12. Hydro Drawing 00338 -11 =092 (Hydro One) Approved byAECOM dated August
6, 2911
a
SCHEDULE C
NOTE: It is understood and agreed that I this Schedule forms part of the Site Plan
Agreernent between the 'Township hip of Oro-Medonte, 1654833 Ontario
Lin*ed, and Terra-Moda Building Corp.
All title, documents, shall be-prpp n Y -
erlydrawna and 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 In erted ty the solicitors for the parties
after the Plan is registered and Plan Number assigned:.
The consideration for atl conveyances: shall be the sum of rwo D211arsl
— l2 UAL 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 CONVEYEDTO THE.TOWK-SHIP
NIA
10 DRAINAGE EASEMENM TO BE, CONVEYED TO THE TOWNSHIP
N/A
io
SCHEDULE "V'
.NOTE: It is understood and: agreed that this Schedule forms part of the
Subdivision Agreem'antbetwoorl the TOWNSHIP OF ORO-MEDONTE
TERRMODADEV LCIPMENTS..1INC,
ITEMIZED ESTIMATE. OF. COST OF CON§!R'UCTION OF EACH PART QF THE WORKS:.
The following. list summarizes the cost estithate, of the major works but is not necessarily
inclusive:
A) Storm Sewer and Appurtenances including
Storm Sewer, CSP Culverts, Catthbasin, Manhole,
and Storm Sewer Video.... ..........
B) Sanitary Sewer and Appurtenances including
Sanitary Sewer, Manhole, and
Sanitary. Sewer Video..,,. ....... .....................
C) Watermain and Appurtenances including
Watermain, Services, Tees, Bendst Reducers, and
Pressure Testing, Swabbing & Chlorination...,,...
0) Surface Features including Rip. Rap, Retair4ng, Walls,
Gabion Walls, Concrete Curb 4, Gutter, Asphalt Paving,
Granularsi Sediment Controls and'Fine Grading .........
E) Off-Site Features including Removals, Roadside Ditch,
Shoulder,Infiltration Trench, Storm Water Management
Pond, Outlet Headwall, H ickenbottorn and Manholes.....,,
SUB=TOTAL
F) 10% Allowance for Engineering: and Supervision
TOTAL
13%, HST
TOTAL COST
Ori .inal Remaining Completed
Outstandinn Work
Work
$36,92125 $36,921495 $0.00
$23442.80:
$36,300.00 $36,300.00
$198,643.00 $198,643-00
$126,425.00 $126,425.00
$421,732.05 $421,732.06
$42,173.21 $42,173.21
$463,906.26 $463,906.26
$60,307.68 $60,307-68
$5,24,212,94 $,624,212.94
LETTER -OF CREDIT REQUIRED FOR SUBDIVIStON. AGREEMENT
Q Remaining Outstanding, Work $5241,212.94
0 10% of Completed Work $(Yoo
SECURITIES RETAINED BY TOWNSHIP $524,212.94
$0.00:
$uo
RM
o
in
$0.00
$0.00
$0.00
$0M
$8:44