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2017-148 Authorize the Execution of a Site Plan Control Agreement between the Corporation of the Township of Oro-Medonte and Industrie Bonneville LteeThe Corporation of the Township of Oro-Medonte By-law No. 2017-148 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte -T, INDUSTRIE BONNEVILLE LTEE described as lands as follows: PT LT A CON 2 EPR ORO, AS IN 801468372; TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE as in 58552-0077 LT Roll No. 4346-010-007-02100 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. 2015-086, 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. 2015-086; 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 22nd day of November 2017. The Corporation of the Township of Oro-Medonte , H.S. �ep�D�o C Depbty Clerk, Janette Teeter APPENDIX "A" SITE PLAN AGREEMENT - between - INDUSTRIE BONNEVILLE LTEE -and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS PT LT A CON 2 EPR ORO, AS IN R01468372; TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE as in 58552-0077 LT Roll No. 4346-010-007-02100 Date: November 22, 2017 By -Law No. 2017-148 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 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 22nd day of November 2017, in accordance with Section 41 of the Planning Act. BETWEEN: INDUSTRIE BONNEVILLE LTEE 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 four (4) model homes and a sales office 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, 3 in addition, 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 $1,000.00. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) 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 construction of four (4) models homes and a sales office 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 set out on the Site Plan Drawings, and Reports attached hereto as Schedule "B". b) Lighting All on-site exterior lighting shall be L.E.D., directed downward and internal to the site and shall be in accordance with "Dark Sky Friendly" lighting design. Designs must show that fixtures have no up light focus, as per Township of Oro-Medonte Development Engineering Policies, Process and Design Standards - Section 3.21.9 — Site Lighting. c) Parking Areas and Driveways All parking areas and driveways shall be constructed as per Township of DI Oro-Medonte Development Engineering Policies, Process and Design Standards - Section 3.21.11 — Driveways and Parking Areas / Lots. All driveways and internal fire routes shall be required to satisfy Fire Access Route Design as per OBC 3.2.5.6. Parking areas, loading, and access areas shall be kept free and clear of snow and ice and kept adequately drained. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro-Medonte. Outside Storage No outside storage shall be permitted on the premises. e) Landscaping 0 g) h) 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. Erosion and Siltation Control The Owner shall take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., and prevent the migration of all silt, sediment and deleterious materials 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. Nottawasaga Valley Conservation Authority (NVCA) The Owner covenants and agrees as follows: The Owner shall obtain a permit from the NVCA for any development with an area subject to Ontario Regulation 172/06 under the Conservation Authorities Act ii) The Owner shall carry out or cause to be carried out the recommendations and requirements contained within the plans and reports as approved by the NVCA. iii) The Owner shall ensure that proper erosion and sediment control measures will be in place in accordance with the approved Grading and Drainage Plan, and Erosion and Sediment Control Plan prior to any site alteration or grading. Ministry of Transportation (MTO) The Owner covenants and agrees as follows: The Owner shall obtain any permits required from MTO prior to obtaining any building permits from the Township of Oro-Medonte. 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 "D" 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 staff 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 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. e) Upon written notification by the Owner's 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) 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. 0. 2001, c. 25, as amended. 7. CO-OPERATION 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 C 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. 11. BREACH OF AGREEMENT Notwithstanding any action taken by or remedy available to the Township or to any other governing body or authority, and subject to the provisions of Section 5, any breach of this Agreement may be restrained by action at the instance of a ratepayer of the Township or at the instance of the Township or a local board thereof just as if such breach were a contravention of a By-law of the Township to which Section 440 of the Municipal Act, 2001, S.O.2001, c. 25 as amended, applied. Further, in the event of a breach of this Agreement, the Township shall, in addition to any other remedy available to it, be at liberty to utilize the provisions of Section 446 of the Municipal Act, 2001, S. 0. 2001, c. 25. as amended. 12. INDEMNIFICATION The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and hold harmless the Township from all actions, causes of action, suits, claims and demands whatsoever and all costs incurred in respect thereof by reason of the Owner doing, failing to do or doing incorrectly or negligently anything which by the terms of this Agreement it is required to do. 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 this I r -N day of 0 2017 BONNEVILLE LTEE Name: 'Po QC -/l d n h eJ IPS (print) Position: 9 C-P,S1.Ae, dl (print) I am a signing officer and I have authority to bind the corporation THI Pe; VTE Per:.9���pp� Jane Teeter, Deputy 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 INDUSTRIE BONNEVILLE LTEE LEGAL DESCRIPTION OF LANDS PT LT A CON 2 EPR ORO, AS IN RO1468372; TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE As in 58552-0077 LT, Roll No. 4346-010-007-02100 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 INDUSTRIE BONNEVILLE LTEE SITE PLAN DRAWINGS, DETAILS. REPORTS and SPECIFICATIONS Site Plan Drawings as approved by Director, Development Services: Site Plan is not in a registerable form and is available from the Township of Oro-Medonte Site Plan, Drawing SP -1, prepared by Pearson Engineering LTD. Dated August 2016, Revision 1 Dated July 4, 2017. Site Grading and Servicing Plan SGS -1 prepared by Pearson Engineering LTD. Dated August 2016, Revision 1 Dated July 4, 2017 Pre Development Storm Catchment Plan STM -1, prepared by Pearson Engineering LTD. Dated August 2016, Revision 1 Dated July 4, 2017 Post Development Storm Catchment Plan STM -2, prepared by Pearson Engineering LTD. Dated August 2016, Revision 1 Dated July 4, 2017 Environmental Protection and Removals Plan EPR -1, prepared by Pearson Engineering LTD. Dated August 2016, Revision 1 Dated July 4, 2017 Site Plan Reports Stormwater Management Report by Pearson Engineering LTD. Dated August 2016, Revised June 2017. SCHEDULE "C" 10 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and INDUSTRIE BONNEVILLE LTEE 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 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 INDUSTRIE BONNEVILLE LTEE 11 ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE - PEARSON MAISON BONNEVILLE, ORO - MEOONTE �4t ENGINEERING LTO. PROJECT No. 16016 STORM WORKS ITEM OPSS! I DESCRIPTION UNIT EST. UNIT TOTAL NO. PEC.PROV QUANT. PRICE AMOUNT Part 1 Site Preparation and Earthworks The following is a list of the quantities estimated by the Engineer. L1 Supply and install heavy-duty sediment control fence as per STD. No. 3.6-02 In 314 - 518.00 55,652 Sub -Total Part 1 Site Preparation and Earthworks $5,652 Part 2 Storm Sewer Works 2.1 Shape and grade storm pond eta top soil and seed ma 170 S75.OD $12,750 22 Shape and grade 6.5m wide emergency ovedlaw weir ctw top sol and sad ma 10 S75.00 $750 22 Supply, install Mckenbonom cAv 50mm clear stone as per ND -1 DWG ea 1 $3,500.00 $3,500 2.3 Supply, install RIP RAP weir On Inter cloth ea 1 $750.00 $750 2.4 Supply. install 3.5mx1.5m x 300mm noting with 150mm dna RIP RAP cIwMter cloth ea 1 $750.00 $750 2.5 Supply, install 1.0m- 150mm dia PVC orifice pipe Is 1 S5000 5500 2.6 Supply, install 30DMM dia PVC pipe Is 3 $250.00 $750 2.7 Supply, install 600mm din CSP cutven In 22 $350.00 57,700 Sub -Total Part 2 Storm Sewer Works $17,450 Fart oa or s 3.4 Grade swale 0v 100mm top sol and sod ma 282 515.00 54,230 Sub -Town Part 3 Road Works 54230 Sub -Total Part 1 Site Preparation and Earthworks 35,652 Sub -Total Part2 Storm Sewer Works 527,450 Sub -Total Part 3 Above Ground Works 54230 Total Cost $37,332 2. LETTERS OF CREDIT AMOUNT Letter of Credit/Cash to be provided by the Owner $37,332.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12