1998-018 To Authorize the Execution of a Site Plan Control Agreement
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 98-18
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 "8", 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 "8" 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 18th DAY OF FEBRUARY 1998.
READ A THIRD TIME AND FINALL Y PASSED THIS 18th OF FEBRUARY 1998,
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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SITE PLAN AGREEMENT
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THE CORPORA nON OF THE TOWNSHIP OF ORO - MEDONTE
January, 1998
By-Law No, 1998-
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THE MORTGAGEES
II\ID
- and-
THE TENANT
DESCRIPTION OF LANDS
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
,
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
e TABLE OF CONTENTS
Section 1 Covenants by the Owner
Section 2 Covenants by the Township
Section 3 Covenants by the Mortgagee
Section 4 Development Restrictions
Section 5 Development Changes
Section 6 Security
Section 7 Compliance
Section 8 Co-operation
Section 9 Binding Effect
Section 10 Severability of Clauses
Section 11 Save Harmless
Schedule "A"
Schedule "B"
Schedule "c"
Schedule "D"
Schedule "E"
Schedule "F"
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
Discharge of Securities
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SITE PLAN CONTROL AGREEMENT
This Agreement made in quadruplicate this day of
accordance with Section 41 of the Planning Act.
,1998, in
BETWEEN:
'B)kUC
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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
-and-
THE MORTAGEES
-and-
THE TENANT
W~REA,~ the, Owner has applied to the Township of Oro-Medonte to permit..
..1..K/;[ifI fA,), r.. ...... .... on lands described in Schedule "A", attached hereto:
A A,,' t\
. . . . . . . . . . . .
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.
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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 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 such reasonable costs as may be involved to the Township in
having its Solicitor, Engineer, and Planner 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.
g) That there is presently I mortgage(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 "C", as well as certification from
the Owner's Solicitor that the Transfer/Deeds and Easements shall provide the
Township with good title, free and clear from all encumbrances.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a) That the Township has enacted a By-law to permit the
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.
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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) Liqhtinq
All lighting systems installed outside, such as
floodlights, shall be directed away from any
adjacent residential use and/or roadway.
c) Parkinq Areas and Drivewavs
All parking areas and driveways shall be
constructed, in conformity with Section 5.28 of By-law No.1 031, 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.
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) Garbaqe Storaqe
The Owner agrees to provide suitable storage areas for
garbage and waste 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)
Landscapinq
The Owner shall complete all landscaping and
landscaped areas shown on the Site Plan, attached as
Schedule "B", as soon as weather permits and all
grading and sodding required according to any
Engineering drawings submitted, shall be done on all
lawn areas,
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5. DEVELOPMENT CHANGES
The parties acknowledge and agree that there shall be no changes to this Agreement or the
Schedules attached hereto unless and until such changes have been approved in writing by all
Parties,
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6. SECURITY
Prior to signing the 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 "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, three (3) months prior to expiration,
c) The Township reserves the right to accept or reject any of these alternative methods of
providing securities. Prior to depositing the securities, the Owner's Engineer shall
submit an estimate of the cost of the works to the Township Engineer for approval.
When the cost estimate has been approved, it will be set out in Schedule "D" of this
Agreement and will become the basis for the limits of the securities.
d) Any Letter of Credit or security filed with the Township is based upon the estimated cost
of completing the various matters prescribed by this Agreement. However, all Letters of
Credit and Security received by the Township may be used as security for any item or
any other matter which under the terms of this Agreement is the responsibility of the
Owner, including without limiting the generality of the foregoing, payment of
engineering, legal, planning or other costs incurred by the Township which are the
responsibility of the Owner, under the terms of this Agreement.
7. 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 325 of the Municipal Act, R.S,O. 1980,
Chapter 302, as amended.
8. CO-OPERATION
The Parties consent to the registration of this Agreement by the Township upon the title of the
subject lands at the expense of the Owner and agree to execute such further and other
documents, consents or applications as required for the purpose of securing registration and
giving effect to the provisions of this Agreement.
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The Parties undertake and agree to co-operate with one another with respect to the
implementation of this Site Plan Control Agreement.
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9. BINDING EFFECT
This Agreement and everything contained herein shall be binding upon the successors and
assigns of the Parties hereto and upon the lands described in Schedule "A", attached hereto,
such Schedule being a legal description of the lands, and it is further agreed that this
Agreement shall be prepared, approved and registered on title.
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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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: i/I1I:/!trjiiltr I J (IlL )
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) The Corporation of the
) Township of Oro-Medonte
) per:
: 1/(~.g l:i:'Lc,.j)
) Mayor, Ian Beard
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) Clerk, Lynda Aiken
)
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Mortgagee
Toronto Dominion Bank
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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 Bruce and Dawn
Patterson.
LEGAL DESCRIPTION OF LANDS
Part of the East Half of Lot 10, Concession 1, Part 1 of Reference Plan 51 R-26637, Township of
Oro-Medonte (formerly Township of South Orillia), County of Simcoe
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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
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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
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
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
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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
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.
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SCHEDULE "E"
SITE PLAN AGREEMENT - STANDARD FOR TIIE TOWNSHIP
"STANDBY" LETTER OF CREDIT
IRREVOCABLE LETTER OF CREDIT
DATE OF ISSUE:
NAME OF BANK:
ADDRESS OF BANK:
LETTER OF CREDIT NO.:
AMOUNT: $
Except as otherwise expressly stated, this Letter of Credit is issued subject to the Unifonn Customs and Practices for
Documentary Credits (1993 Revision), being ICC Publication No. UCP 500.
TO:
THE 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 aemand.
, ($$$$$$$$)
Pursuant to the request of our said customer, , we, the Bank of
, , Ontario, , hereby establish and give to you an
Irrevocable Letter of Credit in your favour, in the above amount, which may be drawn on by you at any time and 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 aud our said customer to make such demand and without recognizing
auy 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 Lettcr 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
Companv, 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 of Oro-Medonte.
Partial drawings shall be pennitted. We hereby agree that partial drawings under this Letter of Credit will be duly
honoured upon demand.
This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter set
forth. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment
from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the
present, or any future expiration date, we notify you in writing by registered mail that we elect not to consider this
Letter of Credit to be renewable for any additional period,
Dated at
, Ontario, this
day of
19
authorized signature
authorized signature
Bank of
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SCHEDULE "F"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and
DISCHARGE OF SECURITIES
The Township covenants and agrees to return the Letters of Credit for the aforementioned matters
under the conditions as specified:
L STATUTORY DECLARATION OF ACCOUNTS PAID
The Owner shall supply the Township with a Statutory Declaration that all accounts for work and materials for
said works have been paid and that the construction Lien Act has been complied with and that no liens
thereunder have or can be registered except nonnal guarantee holdbacks and that there are or will be no
claims for liens or otherwise in connection with such work done or materials supplied for or on behalf of the
Owner in connection with the Agreement.
2. COMPLIANCE LETTER OF CREDIT
Upon notification by the Owner or its agent that all required works for which the Letter of Credit was
submitted, have been completed and upon confirmation by the Township or its agent that the Owner's
obligations under this Agreement have been completed, the Township will reduce said Letter of Credit by
ninety percent (90%). The remaining ten percent (10%) shall be held by the Township for a period of one (1)
year after the date of final completion in order to ensure compliance with all conditions contained herein,
except as noted below.
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DYE & DURHAM CO. LIMITED
FOtm No. NS
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Document General
Fonn 4 - Land Regl,'ration Relonn Ac~ 1984
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(1) Reglslry [XI
(3) Property
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Lend Tille. D
(2) Page 1 of 14 pages
Block
Property
Additiona!:
See D
Schedule
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(4) Nature of Document
Site Plan Agreement under Section 41(10)
of the Planning Act.
(5) Consideration
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(6) Description
AU that namely Part of the East Half of Lot 10,
Concession 1, Part 1 of Reference Plan 51R-26637,
Township of Oro-Medonte (formerly Township of
South Orillia), 0 '.. "f Simcoe.
Additional:
See D
Schedule
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Additional:
See
Schedule
D
(7) This
Document
Contains:
(a) RedeSf
New 6'
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A.dditional
Parties D Other Ga
(8) This Document provides as follows:
Site Plan Agreement as attached.
Continued on Schedvle D
(9) This Document relates to instrument number(s)
)-(10) Party(ies) (Set out Status or Interest)
Name(s)
'I'HS CORR)RATION, OF ,'IHE ,'I1:X'INSH1P O,F , , . '
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Date of Signature
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Signature(s)
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. ()RO~M\'1XJr-rp;:, l?y .i1;~ ,clerk" Lyn(ja, !\ik!,,!!l
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(11) Address
for Service
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. (12) Party(ies) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
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TORCNI'O, COMINION .BANK .
(13) Address
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(14) Municipal Address of Property
Not Assigned
(15) Document Prepared by:
Lynda Aiken, Clerk
Township of Oro-Hedonte
P.O. Box 100
Oro, Ontario
LOL 2XO
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