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2018-052 By-law to Authorize the Execution of a Site Plan Control Agreement with Scotty's Excavator Service Ltd.The Corporation of The Township of Oro-Medonte By -Law No. 2018-052 A By-law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte and Scotty's Excavator Service Ltd. described as lands as follows: PT LT 20 CON 8 ORO PT 2 PL 51 R-39126 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. 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: 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 9th day of May, 2018. The Corporation of The Township of Oro-Medonte ��4\ k DeputgkClerk, Janette Teeter Appendix "A" Touatsttipof �(�.�1 Proud Hcritagc, Facitiuq Future SITE PLAN AGREEMENT - between - SCOTTY'S EXCAVATOR SERVICE LTD. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS PT LT 20 CON 8 ORO PT 2 PL 51 R-39126; TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE as in 58547-0149 LT Roll No. 4346-010-003-32702 Date: May 9, 2018 By -Law No. 2018-052 THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Drawings, Details Reports and Specifications Schedule "C Deeds and Easements to be Conveyed Schedule "D" Itemized Construction Cost Estimate 2 TABLE OF CONTENTS Section 1 Covenants by the Owner / Mortgagee 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 Section 11 Breach of Agreement Section 12 Indemnification SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Drawings, Details Reports and Specifications Schedule "C Deeds and Easements to be Conveyed Schedule "D" Itemized Construction Cost Estimate 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 9th day of May 2018, in accordance with Section 41 of the Planning Act. BETWEEN: SCOTTY'S EXCAVATOR SERVICE LTD. Hereinafter called the "Owner" -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 587.5 square metre (6,325 square foot) contractors yard/shop on lands described in Schedule 'W', 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 Drawings, Details, Reports and Specifications 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, engineering consultant, planner and staff, perforin 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. 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. i) The Owner understands and agrees that all of works required by this agreement shall be completed within three (3) years of the date of execution of this agreement. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 587.5 square metre (6,325 square foot) contractors yard/shop for Scotty's Excavator Service Ltd., 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 Drawings, Details and Specifications attached hereto as Schedule 'B", subject to the development restrictions contained herein. 3. 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, Details, Reports and Specifications, 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 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. d) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan Drawings, Details, Reports and Specifications, 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. e) 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. f) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan Drawings, Details, Reports and Specifications, 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. g) 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. h) Tree Removal Identification and protection of approximately 50% of all over -storey trees to promote screening and retention of wildlife/habitat/corridor values. Within this area, no clear cutting of trees will be permitted, although thinning of dense, young tree growth and stems less than 4.0 c.m. diameter at breast height, as well as trees of poor health and quality will be permitted; 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 Works"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said works, as approved by the Township's Engineering Consultant 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's Engineering Consultant. 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 Consulting Engineer shall submit an estimate of the cost of the works to the Township's Engineering Consultant 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 and works 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 by the Owner under any provisions of this Agreement, i 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 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.O.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 hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this 9th day of May, 2018. OWNER: SCOTTY'S EXCAVATOR SERVICE LTD. Per: (sign�aattu Name: �co�/ /3 l rO& L -x' (print) Position: t DAN WW— (print) I am a signing officer and I have authority to bind the corporation THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Per: ughes, Per: 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 Scotty's Excavator Service Ltd. LEGAL DESCRIPTION OF LANDS PT LT 20 CON 8 ORO PT 2 PL 51 R-39126; TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE as in 58547-0149 LT, Roll No. 4346-010-003-32702 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 Scotty's Excavator Service Ltd. SITE PLAN DRAWINGS, DETAILS, REPORTS and SPECIFICATIONS Site Plan Drawings as approved by Director, Development Services Site Plan Drawings are not in a registerable form and are available from the Township of Oro- Medonte. Site Plan, Drawing A0.1, prepared by Custom CADD Inc., dated July 30, 2015, Revision No. 2 dated November 6, 2017 Elevations, Drawing A2.1, prepared by Custom CADD Inc., dated July 30, 2015, Revision No. 2 dated November 6, 2017 Site Servicing Plan, Drawing SS -1, prepared by MNT Consulting Group Inc., dated November 2017, Revision No. 1 dated February 6, 2018 Stormwater Management/Lot Grading/Erosion Control Plan, Drawing SWM -1, prepared by MNT Consulting Group Inc., dated November 2017, Revision No. 1 dated February 6, 2018 Site Plan Reports: Stormwater Management Plan, prepared by MNT Consulting Group Inc., dated February 1, 2017, Revised February 6, 2018 Traffic Brief, prepared by C.C. Tatham & Associates Ltd., dated February 17, 2017 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 Scotty's Excavator Service Ltd. 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 11 SCHEDULE 460113 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Scotty's Excavator Service Ltd. ITEMIZED CONSTRUCTION COST ESTIMATE 1. ITEMIZED ESTIMATE of CONSTRUCTION COSTS AMOUNT Cost Estimate by MNT Consulting, dated April 19, 2018 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $ 87,945.00 to ensure completion of all works required under the terms of this. Agreement, as noted in Section 5 herein. 12 SCHEDULE "D" (CONT.) NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Scotty's Excavator Service Ltd. ITEMIZED CONSTRUCTION ESTIMATE 81 LINE NORTH ooNs�4 PRELIMINARY COST ESTIMATE CIVIL WORKS TOWNSHIP OF ORO MEDONTE g'� r7. April 19.2018 PART A - SITE PREPARATION, EARTHWORKS AND REMOVALS PART B - SANITARY $14,950.00 $20,000.00 PART C - ROAD WORKS $37,500.00 PART D - STORMWATER MANAGEMENT 57,500.00 Total Prior to Contingency $79,950.00 CONTINGENCY (10"/0) $7,995.00 Total Cost Estimate (excl. H.S.T.) $87,945.00 Note: All sodding/seeding, patio, plantings & fencing to be part of landscape corks, elechicaNighting and sign(s) excluded 13 PART A - SITE PREPARATION. EARTHWORKS AND REMOVALS A.1 Tree removal L.S. S 5,000.00 1 $5,000.00 A.2 Supply and install temporary mud mat - COMPLETED ea. S - 1 50.00 A.3 Supply and install entrance culvert -COMPLETED L.S. S - 1 50.00 AA Topsoil stripping and pile for future use cu.m. S 5.00 1,600 $8,000.00 A.5 Supply and install sill fence as per detail m S 15.00 130 51,950.00 TOTAL PART A $14,950.00 PART B - SANITARY B.1 Installation of New septic system L.S. S 20,000.00 1 $20,000.00 TOTAL PART B $20.000.00 PART C - ROAD WORKS C.1 Supply, place and compact gravel driveway incl. fine grading sq. m $ 7.50 5,000 $37,500.00 TOTAL PART C $37,500.00 PART D - STORMWATER MANAGEMENT D.1 SWM Facility as per plans cAv 150mm dia. rip rap pretreatment LS S 7,500.00 1 $7,500.00 filter, mingarden & rip rap lined outfall to existing roadside ditch TOTAL PART D $7,500.00 PART A - SITE PREPARATION, EARTHWORKS AND REMOVALS PART B - SANITARY $14,950.00 $20,000.00 PART C - ROAD WORKS $37,500.00 PART D - STORMWATER MANAGEMENT 57,500.00 Total Prior to Contingency $79,950.00 CONTINGENCY (10"/0) $7,995.00 Total Cost Estimate (excl. H.S.T.) $87,945.00 Note: All sodding/seeding, patio, plantings & fencing to be part of landscape corks, elechicaNighting and sign(s) excluded 13 Appendix "A" --4iil6 Tol"IsIlip off &&C&Nte, " Frond HrritaQt, Fxritirr,e Future SITE PLAN AGREEMENT - between - SCOTTY'S EXCAVATOR SERVICE LTD. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS PT LT 20 CON 8 ORO PT 2 PL 51 R-39126; TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE as in 58547-0149 LT Roll No. 4346-010-003-32702 Date: May 9, 2018 By -Law No. 2018-052 THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Drawings, Details Reports and Specifications Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Construction Cost Estimate 2 TABLE OF CONTENTS Section 1 Covenants by the Owner / Mortgagee 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 Section 11 Breach of Agreement Section 12 Indemnification SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Drawings, Details Reports and Specifications Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Construction Cost Estimate 2 SITE PLAN CONTROL AGREEMENT This Agreement made, in triplicate, this 9th day of May 2018, in accordance with Section 41 of the Planning Act. 1.�MAAFZ k SCOTTY'S EXCAVATOR SERVICE LTD. Hereinafter called the "Owner" -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the 'Township" WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a 587.5 square metre (6,325 square foot) contractors yard/shop 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 Drawings, Details, Reports and Specifications 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, engineering consultant, 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. 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. The Owner understands and agrees that all of works required by this agreement shall be completed within three (3) years of the date of execution of this agreement. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By-law to permit a 587.5 square metre (6,325 square foot) contractors yard/shop for Scotty's Excavator Service Ltd., 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 Drawings, Details and Specifications 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, Details, Reports and Specifications, 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 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. d) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan Drawings, Details, Reports and Specifications, 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. e) 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. f) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan Drawings, Details, Reports and Specifications, 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. g) 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. h) Tree Removal Identification and protection of approximately 50% of all over -storey trees to promote screening and retention of wildlife/habitat/corridor values. Within this area, no clear cutting of trees will be permitted, although thinning of dense, young tree growth and stems less than 4.0 c.m. diameter at breast height, as well as trees of poor health and quality will be permitted; 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 Works"), the following securities: a) Cash in the amount of one hundred percent (100%) of the estimated cost of the said works, as approved by the Township's Engineering Consultant 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's Engineering Consultant. 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 Consulting Engineer shall submit an estimate of the cost of the works to the Township's Engineering Consultant 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 and works 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 by the Owner under any 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. 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 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.O. 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 hereto have executed this Agreement and have hereunto caused to be affixed the corporate seals, duly attested to by the proper signing officers. SIGNED, SEALED AND DELIVERED this 9th day of May, 2018. OWNER: SCOTTY'S EXCAVATOR SERVICE LTD. Per: (signature) Name: QYC 0--m t`3 U2(Lfi' LX (print) Position: &C S f Df/7i�— (print) I am a signing officer and I have authority to bind the corporation THE CORPORAJAON OF THE TOWNSHIP OF ORO-MEDONTE Per: Per: 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 Scotty's Excavator Service Ltd. LEGAL DESCRIPTION OF LANDS PT LT 20 CON 8 ORO PT 2 PL 51 R-39126; TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE as in 58547-0149 LT, Roll No. 4346-010-003-32702 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 Scotty's Excavator Service Ltd. SITE PLAN DRAWINGS, DETAILS, REPORTS and SPECIFICATIONS Site Plan Drawings as approved by Director, Development Services Site Plan Drawings are not in a registerable form and are available from the Township of Oro- Medonte. Site Plan, Drawing A0.1, prepared by Custom CADD Inc., dated July 30, 2015, Revision No. 2 dated November 6, 2017 Elevations, Drawing A2.1, prepared by Custom CADD Inc., dated July 30, 2015, Revision No. 2 dated November 6, 2017 Site Servicing Plan, Drawing SS -1, prepared by MNT Consulting Group Inc., dated November 2017, Revision No. 1 dated February 6, 2018 Stormwater Management/Lot Grading/Erosion Control Plan, Drawing SWM -1, prepared by MNT Consulting Group Inc., dated November 2017, Revision No. 1 dated February 6, 2018 Site Plan Reports: Stormwater Management Plan, prepared by MNT Consulting Group Inc., dated February 1, 2017, Revised February 6, 2018 Traffic Brief, prepared by C.C. Tatham & Associates Ltd., dated February 17, 2017 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 Scotty's Excavator Service Ltd. 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 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 Scotty's Excavator Service Ltd. ITEMIZED CONSTRUCTION COST ESTIMATE ITEMIZED ESTIMATE of CONSTRUCTION COSTS AMOUNT Cost Estimate by MNT Consulting, dated April 19, 2018 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $ 87,945.00 to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. 12 SCHEDULE "D" (CONT.) NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Scotty's Excavator Service Ltd. ITEMIZED CONSTRUCTION ESTIMATE 81 LINE 7 NORTH GO N SO PRELIMINARY COST ESTIMATE CIVIL WORKS TOWNSHIP OF ORO MEDONTE g� 'y April 19, 2018 1 PART A - SITE PREPARATION. EARTHWORKS AND REMOVALS AA Tree removal L.S. S 5,000.00 1 $5,000.00 A2 Supply and install temporary mud mat- COMPLETED ea. S - 1 $0.00 A.3 Supply and install entrance culvert - COMPLETED L.S. S - 1 50.00 A.4 Topsoil stripping and pile for future use cu -m- $ 5.00 1,600 $8,000.00 A.5 Supply and install slit fence as per detail m $ 15.00 130 $1,950.00 TOTAL PART A $14,950.00 PART B, SANITARY B.1 Installation of New septic system L.S. S 20,000.00 1 $20,000.00 TOTAL PART B $20,000.00 PART C - ROAD WORKS C.1 Supply, place and compact gravel driveway incl. fine grading sq. m S 7.50 5,000 $37,50000 TOTAL PART C $37.500.00 -STORM WATER MANAGEMENT cility as per plans ctw 150mm dia. rip rap pretreatmentD.1 garden & rip rap lined outfall to existing roadside ditch rjS1herMraF1'1 LS S 7.500.00 1 57.500.00 TOTAL PART D $7,500.00 PART A - SITE PREPARATION, EARTHWORKS AND REMOVALS PART B - SANITARY $14,950.00 $20,000.00 PART C - ROAD WORKS $37,500.00 PART D - STORMWATER MANAGEMENT $7,500.00 Total Prior to Contingency $79,950.00 CONTINGENCY (10%) $7,995.00 Total Cost Estimate (excl. H.S.T.) $87,945.00 NoteAl soddinglseeding, patio, plantings & fencing to be part of landscape works, electr=l/lighting and sign(s) excluded 13