2004-049 To Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Ian Frederick Eng and Mimi Chung Eng
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-049
A By-law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and Ian Frederick Eng and Mimi Chung Eng
described as lands as follows:
All Lots 17 and 18, Part Lot 16, Plan 791 (formerly South Orillia),
Being all of PIN#58531-0366 (Lt), Township of Oro-Medonte
WHEREAS authority to enter into Site Plan Control Agreements is provided for in
Section 41 of The Planning Act, RS.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. 94-149, a By-Law to Designate Parts of the Township as I
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, RS.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. 94-149;
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 AND SECOND TIME THIS 5TH DAY OF MAY, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 5TH DAY OF MAY,
2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
, :
APPENDIX "A"
SITE PLAN AGREEMENT
- between -
IAN FREDERICK ENG AND
MIMI CHUNG ENG
(JOINT TENANTS)
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
All Lots 17 and 18, Part Lot 16, Plan 791
Formerly South Orillia, Now Township of Oro-Medonte
Being all of PIN #58531-0366 (Lt)
Roll #4346 030 010144000000
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
April, 2004
By-Law No. 2004-049
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN AGREEMENT
TABLE OF CONTENTS
Covenants by the Owner
Covenants by the Township
Development Restrictions
Development Changes
Security
Compliance
Co-operation
Binding Effect
Severability of Clauses
Save Harmless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this
accordance with Section 41 of the Planninq Act.
day of
'ì'\~\
2004, in
BETWEEN:
IAN FREDERICK ENG AND MIMI CHUNG ENG
(AS JOINT TENANTS)
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 single
family home at 33 Goss Road (private road) 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:
AFR-29-2004 15'40
ORa MEOONTE TWP
1 705 487 0133
~.Ø2
1. ~NANTS BY THE OWNER
The Owner covenants and agrees as follows:
a)
The Owner owns the subject lands described in Scheelule "A", attacheel hereto,
end has provided the Township with a Registered Deed containing the legal
description of the subject lands.
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.
b)
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 naœssa¡y
permtts and approvals from the Township and trom all Ministries and Agencies,
including, but not iimlted to, the County of Simcoe.
The Owner ahall, prior to the execution of this Agreement, pay a.ii municipai taxes
and charges r_eel to obtaining the approval of these iands for the intended use.
e)
f)
The Owner shall pay a refundabie deposit for such reasonable costs as may be
involved to the Township in having ~s Solicitor, Engineer, Pianner 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 far the cost of perloonanoe of all
the Owner's obligations hereunder, unless the context otherwise requires. Every
provision ot this Agreement, by which the Owner is obligated in any way, shall be
deemed to inciude the words "at the expanse of the Owner", unless specificaily
stated othelWise. The retundable deposit for expenses and actual cost shall be
$1,000.00. The Owner shaD replenish the refundable deposit. to its full amount,
when the expenses and actual caaìs are wbmítted by the Township.
g)
The Owner shail have delivered to the Township, an TransfersIDseds, Discharges
and Easements, or other doouments required by Schedule 'C", as well as
certification from the Owner's Sollaltor that the Transfer/Deeds and Easements
shall provide the Township with good tttle, fre<; and ciear from all encumbrances.
h) The Owner acknowledges that the lot doss not front on an improved pUblC~~. /'
that the Township does not or is not required to maintain or snowplow the I" "v "
road, thaI the ToW!1\;hip will not take over or assume the private road as a .
Township pubic road or street uniess it has besn buiit according to the To hip ~
standards, than in force, and that the Township is not liable for any Injurie ,r'b~~/
or damages as a consequence of the Township issuing a Building Permit. ~j¡
2. COVENANTS BY THE TOWNSHIP '11-~
The TownShip covenants and agr","$ a. foilows:
a)
That the Township has enected a By-law to pelTTllt a single family home described
on the Site Plan.
b)
ThaI the Township agrees that subject 10 compiiance by the Owner wtth all
relevant Municipal By-iaws and Provincial Statutes and Regulations, the Owner
may proceed to develop the subject lancls, as indicated on tha Stte Plan attached
hereto as Schedule "8", subject to the development restrictions contained herein.
3. DEVELOPMENT RESTRICTION
PMles hereto acknowledge and agree that any usa olthe subject lands by the Owner
shall be on and subject to the following terms and conditions:
4
1. COVENANTS BY THE OWNER
The Owner covenants and agrees as follows:
a)
The Owner owns the subject lands described in Schedule "A", attached hereto,
and has provided the Township with a Registered Deed containing the legal
description of the subject lands.
b)
This Agreement may be registered against title to these subject lands and shall
take priority over any subsequent registrations against the title to the subject lands.
c)
No work shall be performed on the lands, nor any use made of the subject lands
with respect to the proposed development, except in conformity with all the
provisions of this Agreement.
d)
The Owner shall, prior to the execution of this Agreement, obtain all necessary
permits and approvals from the Township and from all Ministries and Agencies,
including, but not limited to, the County of Simcoe.
e)
The Owner shall, prior to the execution of this Agreement, pay all municipal taxes
and charges related to obtaining the approval of these lands for the intended use.
f)
The Owner shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
perform any work in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owner acknowledges
and agrees that the Owner shall be responsible for the cost of performance of all
the Owner's obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owner is obligated in any way, shall be
deemed to include the words "at the expense of the Owner", unless specifically
stated otherwise. The refundable deposit for expenses and actual cost shall be
$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 acknowledges that Goss Road is a private road and is not maintained
by the Township.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a)
That the Township has enacted a By-law to permit a single family home 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:
4
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, not to cause
interference in any way.
c)
Parkinq Areas and Driveways
All parking areas and driveways shall be constructed, in conformity with
Sections 5.19 and 5.20 of By-law No. 97-95, as amended, and the Ontario
Building Code Regulation #419/86, and such parking areas, loading and
access areas shall be kept free and clear of snow and ice and kept
adequately drained. All entrances shall be constructed, as in Schedule "B",
attached. The Owner agrees to obtain all necessary approvals from the
Ministry of Transportation, County of Simcoe and Township of Oro-
Medonte.
d)
Outside 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,
as shown on the Site Plan, and to install and maintain litter containers in
and around development on the lands. All metal scrap and associated
refuse contained in the fenced compound shall be removed on a weekly
basis.
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.
g)
Erosion and Siltation Control
The Owner must take all necessary precautions to prevent erosion and
sedimentation of ditches, culverts, slopes, etc., as well as Bass Lake, 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.
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 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, 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
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.
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 325 of the Municipal Act,
R.S.O. 1980, Chapter 302, 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.
6
( ,
8. BINDING EFFECT
This Agreement, and everything contained herein, shall be binding upon the successors
and assigns of the Parties hereto, and upon the lands described in Schedule "A",
attached hereto, such Schedule being a legal description of the lands, and it is further
agreed that this Agreement shall be prepared, approved and registered on title.
9. SEVERABILITY OF CLAUSES
Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be
declared by a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the Agreement as a whole or any part thereof, other than the provision so
declared to be invalid.
10. SAVE HARMLESS
The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save
harmless, the Township from and against any and all claims, suits, actions and demands
whatsoever, which may arise either directly or indirectly by reason of any work or service
performed by the Township, its servants or sub-contractors in order to complete the work
or services required to be completed under this Agreement, provided the subject matter
of such action, suits, claims or demands was not caused intentionally or through gross
negligence on the part of the Township, its servants or agents or sub-contractors.
IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals
under the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
7
¡ Owne~
)
)
)
) Owner: Mimi Ch g Eng
) (AS JOINT TEN NTS)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
~ :;¿,~y
) J. Neil Craig, Mayor
)
)
)
)
)
, .
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 Ian Frederick Eng
and Mimi Chung Eng.
LEGAL DESCRIPTION OF LANDS
All Lots 17 and 18, Part Lot 16, Plan 791, formerly South Orillia, now Township of
Oro-Medonte, being all of PIN #58531-0366 (Lt), Roll #4346 030 010144000000.
í'
SCHEDULE "8"
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Ian Frederick Eng
and Mimi Chung Eng.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
r.
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 Ian Frederick Eng
and Mimi Chung Eng.
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
10
t .
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 Ian Frederick Eng
and Mimi Chung Eng.
ITEMIZED 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 1 (f) herein.
$1,000.00
refundable
deposit
11
LRO # 51
Notice Under S.71 Of The Land Titles Act
Receipted as SC219618 on 20040514
yyyy mm dd
at 12:52
Page 1 of 13
The applicant(s} hereby applies to the Land Registrar.
I Properties
PIN 58531 - 0366 L T Estate/Qualifier Fee Simple Lt Conversion Qualified
Description PT LT 16 PL 791 SOUTH ORILLlA; LT 17 PL 791 SOUTH ORILLlA; LT 18 PL 791
SOUTH ORILLIA AS IN RO786742; TfW RO786742; ORO-MEDONTE
ORO-MEDONTE
Address
, Consideration
Consideration $ 2.00
I Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name
Address for Service
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Box 100, Ora, ON LOL 2XO
I, J. NEIL CRAIG, Mayor and MARILYN PENNYCOOK, Clerk, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
'party To(s)
Capacity
Share
Name
Address for Service
ENG, IAN FREDERICK
33 Goss Road, Oro-Medonte
This document is not authorized under Power of Attorney by this party.
Name
Address for Service
ENG, MIMI CHUNG
33 Goss Road, Oro-Medonte
This document is not authorized under Power of Attorney by this party.
, Statements
This notice is for an indeterminate period
Schedule: See Schedules
I Signed By
Shirley Joy Partridge
168 Lakeshore Rd. W. RR#1
Ora Station LOL 2EO
acting for Applicant(s)
Signed
200405 14
Tel
Fax
705- 790-2677
7054870257
, Submitted By
SHIRLEY PARTRIDGE REGISTRY
SERVICES INC
Tel 705- 790-2677
Fax 7054870257
168 Lakeshore Rd. W. RR#1
Oro Station LOL 2EO
200405 14
I Fees/Taxes/Payment
Statutory Registration Fee
$60.00
Total Paid
$60.00
, File Number
App/icant Client File Number..
1-189