2012-068 Site Plan Control Agreement - KrynickiTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -068
A By -law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro - Medonte and
Jason Alexander Krynicki and Jennifer Lee Derica Krynicki
described as lands as follows:
Part of Lot 25, Concession 10, Being Part 2, Plan 51 R36518, as in 58560 -0163 LT
ROLL # 43 -46- 010 - 010 -01720
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 Nos. 2008 -046 and 2009 -062;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
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 4T" DAY
OF APRIL, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
MAYOR, H.S. HU9yHES
CLERK, U. DOUGLAS IRWIN
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
JASON ALEXANDER KRYNICKI
JENNIFER LEE DERICA KRYNICKI
-and -
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
DESCRIPTION OF LANDS
Part of Lot 25, Concession 10, Being Part 2, Plan 51 R36518, as in 58560 -0163 LT
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
ROLL # 4346- 010 - 010 -01720
By -Law No. 2012 -068
April 4, 2012
THE TOWNSHIP OF ORO- MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Section 1
Covenants by the Owner
Section 2
Covenants by the Township
Section 3
Development Restrictions
Section 4
Development Changes
Section 5
Security
Section 6
Compliance
Section 7
Co- operation
Section 8
Binding Effect
Section 9
Severability of Clauses
Section 10
Save Harmless
SCHEDULES
Schedule "A"
Legal Description of Lands
Schedule "B"
Site Plan
Schedule "C"
Deeds and Easements to be Conveyed
Schedule "D"
Itemized Estimate of Cost of Construction
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SITE PLAN CONTROL AGREEMENT
This Agreement made, in triplicate, this 4t' day of April 2012, in accordance with Section 41
of the Planning Act.
BETWEEN:
JASON ALEXANDER KRYNICKI AND
JENNIFER LEE DERICA KRYNICKI
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
construction of a dwelling 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:
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.
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 words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$1000.00. 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.
h) The Owner agrees that prior to issuance of a Building Permit, a Sewage System
Permit approval must be received by the Township /Ministry of the Environment.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By -law to permit the construction of a single
detached dwelling, as 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.
3. 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
4
set out on the Site Plan, attached hereto as Schedule "B ".
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 Sections
5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code
Regulation #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 "B ".
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.
Garbage Collection
The Owner acknowledges and agrees that any Industrial, Commercial and
Institutional (I. C. & 1) and multi -unit locations (six (6) units and over) will not
receive curb side waste collection services from the County of Simcoe. Each I. C.
& I location and multi -unit residential location will be responsible for their own
garbage and recycling disposal.
g) 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.
h) Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owner agrees to maintain all
erosion and siltation control devices in good repair until vegetative cover has been
successfully established.
Tree Removal
No trees shall be cut outside of the immediate area surrounding the proposed
dwelling, septic system, pool, and driveway as shown on and approved Site Plan
drawing Krynicki Residence prepared by R. Krynicki dated January 22, 2012,
unless dead or diseased.
j) Establishing Building Envelope
As per the recommendations of the Environmental Impact Study completed by
Michalski Nielsen Associates Limited dated August 2005 (revised September 2006).
Prior to the issuance of a building permit, the development envelope must be
marked on site, and a qualified biologist should inventory the area for the presence
of any of the watershed rare species listed in Section 5.1 of the Environmental
Impact Study. This should be done between June to August in order to allow for
proper identification. If any specimens are found within the envelope they should be
transplanted out of the development envelop into similar habitat within the property
to the satisfaction of the Lake Simcoe Region Conservation Authority.
Lake Simcoe Reoion Conservation Authorit
That the owner shall agree to carry out or cause to be carried out all the
recommendations and measures contained within the plans and reports.
That the owner shall agree to carry out an assessment on the state of habitation of
the fox den (by a qualified ecologist) if the proposed works are to take place through
the months of March through May of any given year.
That the owner shall agree to ensure that all erosion and sedimentation control
measures will be in place prior to any site alteration.
That the owner shall agree to engage a qualified professional to certify in writing that
the works were constructed in accordance with the plans and reports as approved
by the Lake Simcoe Region Conservation Authority.
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 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
Confirmation, or notations on Engineering drawings. The nature of such record of
amendment shall depend on circumstances.
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, including but not limited to the construction of the works and services identified
in Schedule "U' 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) A Certified Cheque in the amount of one hundred percent (100 %) of the estimated
costs of the said works, and as approved by the Township Engineer.
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 "U' of this
Agreement and will become the basis for the limits of the securities.
d) Any Certified Cheque or security filed with the Township is based upon the
estimated cost of completing the various matters prescribed by this Agreement.
However, all Certified Cheque 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 Owner's agent, certifying that all required works
for which the Certified Cheque 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 Certified Cheque.
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) day's
notice, its intent to draw down on the security or deposit.
6. COMPLIANCE
Any action taken by the Township or on its behalf, pursuant to this Agreement, 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 466 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
rm *1906 9 1: _I eI:l
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.
8. 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.
9. 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.
10. 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 )
J o Al xander Krynicki, Owner
il�qler Le erica Krynicki, Owner
The Corporation of the
Township o Oro- Medontee
, Clerk
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 Jason Alexander
Krynicki and Jennifer Lee Derica Krynicki.
LEGAL DESCRIPTION OF LANDS
Part of Lot 25, Concession 10, Being Part 2, Plan 51 R36518, as in 58560 -0163 LT
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
ROLL # 4346- 010 - 010 -01720
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 Jason Alexander
Krynicki and Jennifer Lee Derica Krynicki.
SITE PLAN
Site Plan Drawing:
Site Plan drawing Krynicki Residence prepared by R. Krynicki dated January 22, 2012,
inclusive of "old (uninhabited) fox den" annotation.
Site Plan is not in a registerable form and is available from the Township of Oro - Medonte.
10
SCHEDULE "C"
NOTE: It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro - Medonte and Jason Alexander
Krynicki and Jennifer Lee Derica Krynicki.
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
1►U_1
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
N/A
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 Jason Alexander
Krynicki and Jennifer Lee Derica Krynicki.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE AMOUNT
LETTERS OF CREDIT
AMOUNT
Certified Cheque to be provided by the Owner $1000.00
to ensure completion of all works required
under the terms of this Agreement, as noted
in Section 5 herein.
12
LRO # 51 Notice
The applicant(s) hereby applies to the Land Registrar.
Properties
Receipted as SC973871 on 2012 04 12 at 12:34
yyyy mm dd Page 1 of 14
PIN 58560- 0163 LT
Description PT LT 25 CON 10 ORO BEING PT 2 PL 51R36518; ORO-MEDONTE
Address 703 9TH LINE SOUTH
HAW KESTON E
Consideration
Consideration $ 2.00
I Applicant(s) I
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Address for Service 148 Line 7s, Box 100, Oro, ON LOL 2X0
This document is not authorized under Power of Attorney by this party.
This document is being authorized by a municipal corporation Harry S. Hughes, Mayor and J. Douglas Irwin, Clerk.
I Party To(s) Capacity Share I
Name KRYNICKI, JASON ALEXANDER Joint Tenants
Address for Service 703 9th Line South, Hawkestone, ON
This document is not authorized under Power of Attorney by this party.
'Name KRYNICKI, JENNIFER LEE DERICA Joint Tenants
Address for Service 703 9th Line South, Hawkestone, ON
This document is not authorized under Power of Attorney by this party.
Statements
This notice is pursuant to Section 71 of the Land Titles Act.
This notice is for an indeterminate period
Schedule: See Schedules
Signed By
Shirley Joy Partridge 168 Lakeshore Rd. W. RR#1 acting for Signed 2012 04 12
Oro Station Applicant(s)
LOL 2EO
Tel 705-790-2677
Fax 7054870257
1 have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
SHIRLEY PARTRIDGE REGISTRY SERVICES INC
Tel 705-790-2677
Fax 7054870257
168 Lakeshore Rd. W. RR#1
Oro Station
LOL 2EO
2012 04 12
LRO # 51 Notice
The applicants) hereby applies to the Land Registrar.
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client File Number: 135
Receipted as SC973871 on 2012 04 12 at 12:34
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