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1997-055 To Authorize the Execution of a Site Plan Control Agreement " THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Site Plan Control BY-LAW NO. 97- 55 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 ofthe Township as Site Plan Control Areas was passed by Council for the Township ofOro-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 for the Corporation of the Township ofOro-Medonte hereby enact as follows: 1. That the Township enter into the Site Plan Control Agreement attached hereto as Schedule "B" on lands described on the attached Schedule "A"; 2. That the Mayor and Clerk be authorized to execute the Site Plan Control Agreement on behalf of the Corporation ofthe Township ofOro-Medonte; 3. That the attached Schedules "A" and "B" shall form part of this By-Law. 4. That this By-Law shall corne into force and take effect upon being enacted by Council. READ a first and second time this 18 day of June ,1997. READ a third time and finally passed this 18 day of June ,1997. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Clerk, Lynda Aiken . ~ SCHEDULE "A" Concession 8, Part of the North Half of Lot I, Township of Oro-Medonte (formerly Township ofOro), County of Simcoe . Schedule fiB" SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of 1997 in accordance with Section 41 of the Planning Act. BETWEEN ~ DR. EVELYN ELSEY (CAROLINE) 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 a Medical/Dental Clinic on lands described in Appendix "1" 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 as "Appendix 2" attached hereto; 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 Appendix "1" attached hereto. b) This Agreement may be registered against title to this 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 the 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 the 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. " g) That there is presently no mortgage(s) registered against the title to the subject property in favour of the Mortgagee. 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 Appendix "2", subject to the development restrictions contained herein. 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. 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 Appendix "2". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway. c) Parking Areas and Driveways All parking areas and driveways shall be constructed, in conformity with Section 5.28 of By- law No. 1031, 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 Appendix "2" attached. The owner agrees to obtain all necessary approvals from the MiR~~-OL~~~~R"~e':r;'~":i:~ . 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 Appendix "2". e) Garbage Storage The Owner agrees to provide sui table 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) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Appendix "2" as soon as weather permits and all grading and sodding required according to any Engineering drawings submitted, shall be done on all lawn areas. 5 . DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Appendices attached hereto unless and until such changes have been approved in writing by all Parties. 6. SECURITY As evidence of the good faith of the Owner and as security for the performance by the Owner of its obligations hereunder, the Owner undertakes and agrees to deposit with the Township of Oro-Medonte the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS. The Township undertakes and agrees to release the Deposit three (3) years from the date of registration of this Agreement, provided that there have been no violations by the Owner of any of the Substantive terms of this Agreement. This does not prohibit the Township from releasing the Deposit after the expiration date of one (1) year from the date of the agreement providing Council is satisfied that the terms of the agreement have been satisfied. €. Q I ~ 7. 5' I COMPLIANCE In tt . 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 utilise the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 8. CO-OPERATION e 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. The Parties undertake and agree to co-operate with one another with respect to the implementation of this Site Plan Control Agreement. 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 Appendix "1" attached hereto, such Appendix being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 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. 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 ) ) ) ) ) ) ) ) ) The Corporation of the ) Township of Oro- ) Medonte ) per: ) ) ) ) ) ) ) ) ) ) . ~ . .' . APPEND IX "1" LEGAL DESCRIPTION OF LANDS Concession 8, Part of the North Half of Lot 1, Township of Oro- Medonte (formerly Township of Oro), County of Simcoe . I ~ . APPEND IX "2" TO THE SITE PLAN AGREEMENT Site Plan is not in a registerable form and is available from the Township of Oro-Medonte offices. ~ ~ Province of Ontario Document General Form 4 - Land Registration Reform Act, 1984 DYE & DURHAM co, LIMITED Form No. 985 o N C"') C'') c..D t..n C"".) ...-I o (1) Registry ~ (3) Property Identlfier(s) Land Titles 0 (2) Page 1 of 7 pages Block Property u:: IJ.. o a: f2 a:> c..J Additional: See 0 Schedule o (':) (4)~1~eof:FT~~e1.greement under Section 41 ( 10) of the Planning Act. (5) Consideration tL, N/A Dollars $ c::o <=> (6) Description All that part of Part of the North Half of Lot 1, Concession 8, Township of Oro-Medonte (formerly Township of Oro), County of Simcoe. t"- en .. New Property identifiers Additional: See 0 Schedule Executions Additional: See Schedule o (7) This Document Contains: (a) Redescription New Easement Plan/Sketch (b) Schedule for: o Additional Description 0 Parties 0 Other rg (8) This Document provides as follows: Site Plan Agreement as attached. Continued on Schedule 0 (9) This Document relates to Instrument number(s) (10) Party(ies) (Set out Status or Interest) Name(s) Signature(s) . . . THE. .CORPORATION. .OF . THE. .TOWNSHIP . . . . . . OF ORO MEDONTE, BY ITS CLERK, LYNDA AIKEN '..........-.................................. .. ................................ Date of Signature Y M D .99'/. . , or9 "T" , . . . ~~!l.i;c:~p~;t.i.t:y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . I have the authorit to bind the Cor oration (11) Address for Service P.O. Box 100, Oro, Ontario LOL 2XO (12) Party(les) (Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M D . . . .~~~~Y: . (9~q~~~~).,. .~~;r..~ . . . . . . . . . . . . . . __OWN~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) Address for Service (14) Municipal Address of Property Not Assigned (15) Document Prepared by: Lynda Aiken, Clerk Township of Oro-Medonte P.O. Box 100 Oro, Ontario LOL 2XO ~ 5 Registration Fee w CI) ::) w U u:: IJ.. o a: f2 Total I I . ; Schedule "B" SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of 1997 in accordance with Section 41 of the Planning Act. , BETWEEN DR. EVELYN ELSEY (CAROLINE) 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 a Medical/Dental Clinic on lands described in Appendix "1" 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 as "Appendix 2" attached hereto; 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 Appendix "1" attached hereto. b) This Agreement may be registered against title to this 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 the 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 the 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. I g) That there is presently no mortgage(s) registered against the title to the subject property in favour of the Mortgagee. 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 Appendix "2", subject to the development restrictions contained herein. 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. 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 Appendix "2". b) Lighting All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and/or roadway. c) Parking Areas and Driveways All parking areas and driveways shall be constructed, in conformity with Section 5.28 of By- law No. 1031, 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 Appendix "2" attached. The owner agrees to obtain all necessary approvals from the Ministry of Transportation. . : 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 Appendix "2". e) Garbage Storage The Owner agrees to provide sui table 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. I f) Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Appendix "2" as soon as weather permits and all grading and sodding required according to any Engineering drawings submitted, shall be done on all lawn areas. 5. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Appendices attached hereto unless and until such changes have been approved in writing by all Parties. 6. SECURITY As evidence of the good faith of the Owner and as security for the performance by the Owner of its obligations hereunder, the Owner undertakes and agrees to deposit with the Township of Oro-Medonte the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS. The Township undertakes and agrees to release the Deposit three (3) years from the date of registration of this Agreement, provided that there have been no violations by the Owner of any of the Substantive terms of this Agreement. This does not prohibit the Township from releasing the Deposit after the expiration date of one (1) year from the date of the agreement providing Council is satisfied that the terms of the agreement have been satis Q -\. 1-- ~I' 0 h Or-.. H-ec' , "*t () I" I o\;: -.\..\.v.. 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 utilise the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. . 8. CO-OPERATION I 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. The Parties undertake and agree to co-operate with one another with respect to the implementation of this Site Plan Control Agreement. 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 Appendix "1" attached hereto, such Appendix being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 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. IN WITNESS WHEREOF, the Parties hereunto their respecti ve seals under the hands of officers duly authorized in that behalf. have affixed their proper SIGNED, SEALED AND DELIVERED ) ) ) ) ) ) ) ) ) The Corporation of the ) Township of Oro- ) Medonte ) per: ) ) . )1 ) fo.,l"-"",. /:St..".""./ ) Mayor, Ian Bectrd ) ) ) ) ) ) . . \ . I . APPENDIX "1" LEGAL DESCRIPTION OF LANDS Concession 8, Part of the North Half of Lot 1, Township of Oro- Medonte (formerly Township of Oro), County of Simcoe .. . . I e APPENDIX "2" TO THE SITE PLAN AGREEMENT Site Plan is not in a registerable form and is available from the Township of Oro-Medonte offices.