11 26 2003 Sp Council Agenda
TOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, NOVEMBER 26, 2003
TIME: IMMEDIATELY
FOLLOWING
COMMITTEE OF
WHOLE MEETING
. .........................................................................................................
1. OPENING OF MEETING BY THE MAYOR
2. ADOPTION OF AGENDA
3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
4. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Council Meeting of November 19, 2003.
5. REPORTS OF COMMITTEES:
a) Recommendations of Committee of the Whole meeting held November 26,
2003.
6. IN-CAMERA:
None.
7. BY-LAWS:
a)
By-Law No. 2003-122 Being a By-Law to
Authorize the Execution of a Site Plan 'Control
Agreement between The Corporation of the
Township of Oro-Medonte, and Janet Anne Nyhof
and 'Charles Henry John Nyhof
b)
By-Law No. 2003-123 Being a By-Law to
Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the
Township of Oro-Medonte, and Marilynn For.t>es
c)
By-Law No. 2003-124 Being a By-Law to
Authorize the Execution of a Site Plan Control
Agreement between The Corporation of the
Township of Oro-Medonte, and Hubert Nicholas
Houben and Brenda Houben
8. CONFIRMATION BY-LAW NO. 2003-121
.
9. ADJOURNMENT
--Ie;,)
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2003-122
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and Janet Anne Nyhof and Charles Henry John Nyhof
described as lands as follows:
Lot 21, Registrar's Compiled Plan 1720, (geographic Township of South OriJlia)
Being all of PIN #58566..o053(Lt)
Township of Oro-Medonte
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. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Oro-Medonte,
pursuant to the provisions of The Planning Act, 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. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan.control Agreement attached hereto as
Appendix "AU, 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 0" shall form part of
this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 26th day of November, 2003.
By-law read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
APPENDIX "A"
TO BY-LAW 2003-122
SITE PLAN AGREEMENT
- between -
JANET ANNE NYHOF
- and -
CHARLES HENRY JOHN NYHOF
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Lot 21, Registrar's Compiled Plan 1720
Geographic Township of South Orillia
Now Township of Oro-Medonte, County of Simcoe
Being all of PIN #58566-0053 (Lt)
September, 2003
By-Law No. 2003-
7 a)- {
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 "0"
Schedule "E"
THE TOWNSHIP OF ORO-MEDONT'E
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 Hannless
SCHEDULES
Legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
\
1 q)-~
7 Of)- 3
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Plannina Act.
2003, in
BET WEE N : JANET ANNE NYHOF AND CHARLES HENRY JOHN NYHOF
Hereinafter called the "Owners"
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 Owners have applied to the Township of Oro-Medonte to pennit a 16m x
14m addition to the existing automobile repair shop on lands described in Schedule "Aft,
attached hereto;
AND WHEREAS the Township has enacted a By-Jaw to provide for the designation of the
lands as a "Site Plan Control Area";
AND WHEREAS the Owners intend 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:
3
7o,)-Lf
1. COVENANTS BY THE OWNERS
The Owners covenant and agree as follows:
a) The Owners own the subject lands described in Schedule "A", attached hereto,
and have 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 wort< shall be pertormed 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 Owners 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 Owners 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 Owners shall pay a refundable deposit for such reasonable costs as may be
involved to the Township in having its Solicitor, Engineer, Planner and staff,
pertorm any wort< in connection with this Agreement, including the preparation,
drafting, execution, and registration of this Agreement. The Owners acknowledge
and agree that the Owners shall be responsible for the cost of pertormance of all
the Owners' obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owners are obligated in any way, shall
be deemed to include the words "at the expense of the Owners", unless
specifically stated otherwise. The refundable deposit for expenses and actual cost
shall be $1,000.00. The Owners shall replenish the refundable deposit, to its full
amount, when the expenses and actual costs are submitted by the Township.
g) The Owners 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 Owners' 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 a 16m x 14m addition to the
existing automobile repair shop described on the 'Site Plan.
b) That the Township agrees that subject to compliance by the Owners with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owners
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
Owners shall be on and subject to the following terms and<:onditions:
4
ICt )-5
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) LiahtinQ
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) Parkina Areas and Drivewavs
All parking areas and driveways shall be constructed, in confonnity 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 Owners agree to obtain all necessary approvals from the
Ministry of Transportation, County of Simcoe and Township of Oro-
Medonte.
d) Outside Storaae
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) Garbaae Storaae
The Owners agree 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) Landscapina
The Owners shall complete all landscaping and landscaped areas shown
on the Site Plan, attached as Schedule "B", as soon as weather pennits,
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 Owners must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owners agree 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
7Cf)-t,
5. SECURITY
Prior to signing the Agreement, the Owners will deposit with the Treasurer of the
Township, to cover the faithful perfonnance of the obligations of the Owners arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "0" 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 altemative
methods of providing securities. Prior to depositing the securities, the Owners'
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 "0" 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 tenns of this Agreement, is the
responsibility of the Owners, 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 Owners, under the tenns of this
Agreement.
e) Upon written notification by the Owners' 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 confinnation by the Township or its agent that
the Owners' obligations under this Agreement have been completed, the
Township will retum said Letter of Credit.
f) If in the event of default of the Owners 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
Owners for the perfonnance of its covenants and agreements herein, and upon default on
the part of the Owners 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-oPERATlON
The Owner consent to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owners 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.
6
8. BINDING EFFECT
-ia)- 7
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 "AP,
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 Owners, on behalf of themselves, their successors and assigns, agree 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
) BfIYlLt Rnvnt.)~
) ner: Janet Anne Ny
)
)
)
)
)
)
) As Joint Tenants
)
)
) The Corporation of the
) Township ot-Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn pennycook, Clerk
)
SCHEDULE" A"
7cr)-b
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Janet Anne Nyhof
and Charles Henry John Nyhof.
LEGAL DESCRIPTION OF LANDS
Lot 21, Registrar's Compiled Plan 1720, Geographic Township of South Orillia,
now Township of Oro-Medonte, County of Simcoe, being all of PIN #58566-0053
(Lt)
8
7 q)- 9
SCHEDULE"B"
NOTE:
It is understood and agreed that this Schedule fORns part of the Site Plan
Agreement between the Township of Oro-Medonte and Janet Anne Nyhof
and Charles Henry John Nyhof.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
A-Q1 Site Plan prepared by Andrew Mcintyre Design and Drafting dated October 29, 2003.
9
7q)-JO
SCHEDULE "C"
NOTE:
It is understood and agreed that this Schedule fonns part of the Site Plan
Agreement between the Township of Qro-Medonte and Janet Anne Nyhof
and Charles Henry John Nyhof.
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 l$2.00) and the
cost of preparation, execution and registration thereof, shall be borne by the Owners.
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
NOTE:
1.
2.
SCHEDULE "D"
7a)- J I
It is understood and agreed that this Schedule fonns part of the Site Plan
Agreement between the Township of Oro-Medonte and Janet Anne Nyhof
and Charles Henry John Nyhof.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
Letter of Credit to be provided by the Owner
to ensure completion of all works required
under the tenns of this Agreement. as noted
in Sections 1 (f) and 5 herein.
AMOUNT
$1,000.00
(refundable deposit)
LETTERS OF CREDIT
11
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
SITE PLAN CONTROL
BY-LAW NO. 2003-123
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and Marilynn Forbes
described as lands as follows:
Part East Yz of Lot 28, Concession 3
Being all of PIN #58551-0093 (Lt)
Township of Oro-Medonte
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. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township of Ora-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. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "A", on lands described on the attached Schedule "An;
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, ~ and D" shall form part of
this By-Law;
4. THAT this By-Law shall come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 26th day of November, 2003.
By-law read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
tb)
September, 2003
By-Law No. 2003-
7 b)- {
APPENDIX "A"
TO BY-LAW 2003-123
SITE PLAN AGREEMENT
- between -
MARILYNN FORBES
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part E. 1f2 of Lot 28, Concession 3
Being all of PIN #58551-0093 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
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 "0"
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
2
7 b)-~
7 b)- 3
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the PlanninQ Act.
2003, in
BETWEEN:
MARILYNN FORBES
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 bed and
breakfast 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:
;I
7 b)-L/
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.
2. COVENANTS BY THE TOWNSHIP
The Township covenants and agrees as follows:
a} That the Township has enacted a By-law to permit a bed and breakfast 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 asSchedule "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
lb)-5
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) Liahtina
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) Parkina Areas and Drivewavs
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 Storaae
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) Garbaae Storaae
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) Landscapina
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 and culverts, slopes, etc., 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, in
writing, by all Parties.
5
7 b)-~
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 altemative
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~redit 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-oPERATlON
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.
(i
8. BINDING EFFECT
7h)-7
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
)~.. ~..2,..e,. ,
) Ow r: rilynn Forbes
)
)
)
)
)
)
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
7', \
b)-
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 Marilynn Forbes.
LEGAL DESCRIPTION OF LANDS
Part E. Y2 of Lot 28. Concession 3, being all of PIN #58551-0093 (Lt), Township of Oro.
Medonte.
R
1 b)-9
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 Marilynn Forbes.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township ofOro-Medonte.
9
SCHEDULE"C"
7 b! /0
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Marilynn Forbes.
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 bome 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
NIA
2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP
NIA
10
SCHEDULE "D"
7b)-I[
I
NOTE:
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Marilynn Forbes.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
1.
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
N/A
2.
LETTERS OF CREDIT
AMOUNT
N/A
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 5 herein.
II
THE CORPORATION OF THE TOWNSHIP OF ORO-MEOONTE
SITE PLAN CONTROL
BY-LAW NO. 2003-124
7c)
Being a By-Law to Authorize the Execution of a Site Plan Control Agreement
between The Corporation of the Township of Oro-Medonte,
and Hubert Nicholas Houben and Brenda Houben
described as lands as follows:
Part of Lot 16, Concession 14, Being Part 2, 51R-18928
Being all of PIN #58548-0078 (Lt)
Township of Oro-Medonte
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. 94-149, a By-Law to Designate Parts of the Township as
Site Plan Control Areas, was passed by Council for the Township ofOro-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. 94-149;
NOW THEREFORE the Corporation of the Township of Oro-Medonte hereby enacts as
follows:
1. THAT the Township enter into the Site Plan Control Agreement attached hereto as
Appendix "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 come into force and take effect upon being enacted by
Council.
By-law read a first and second time this 26th day of November, 2003.
By-law read a third time and finally passed this
day of
,2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
APPENDIX "A"
TO BY-LAW 2003-124
SITE PLAN AGREEMENT
- between -
HUBERT NICHOLAS HOUBEN AND
BRENDA HOUBEN
- and -
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
DESCRIPTION OF LANDS
Part of Lot 16, Concession 14, Being Part 2, 51R-18928
Being all of PIN #58548-0078 (Lt)
TOWNSHIP OF ORO-MEDONTE
COUNTY OF SIMCOE
November, 2003
By-Law No. 2003-
7c)-1
.
..
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 DC"
Schedule "0"
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 Hannless
SCHEDULES
legal Description of Lands
Site Plan
Deeds and Easements to be Conveyed
Itemized Estimate of Cost of Construction
Standard Township Letter of Credit
2
7 G)-~
7cJ-3
SITE PLAN CONTROL AGREEMENT
This Agreement made, in quadruplicate, this day of
accordance with Section 41 of the Plannina Act.
2003, in
BETWEEN:
HUBERT NICHOLAS HOUBEN AND BRENDA HOUBEN
Hereinafter called the "Owners"
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 Owners have applied to the Township of Oro-Medonte to permit a 1,017
sq.m. light industriaVcommercial building 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 Owners intend 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:
3
7 c)-Y
1. COVENANTS BY THE OWNERS
The Owners covenant and agree as follows:
a) The Owners own the subject lands described in Schedule "A", attached hereto,
and have 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 Owners 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 Owners 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 Owners 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 Owners acknowledge
and agree that the Owners shall be responsible for the cost of performance of all
the Owners' obligations hereunder, unless the context otherwise requires. Every
provision of this Agreement, by which the Owners are obligated in any way, shall
be deemed to include the words "at the expense of the Owners", unless
specifically stated otherwise. The refundable deposit for expenses and actual cost
shall be $1,000.00. The Owners shall replenish the refundable deposit, to its full
amount, when the expenses and actual costs are submitted by the Township.
g) The Owners shall have delivered to the Township, all TransferslDeeds, Discharges
and Easements, or other documents required by Schedule "C", as well as
certification from the Owners' Solicitor that the TransferlOeeds 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 a 1,017 sq.m. light
industriaVcommercial building described on the Site Plan.
b) That the Township agrees that subject to compliance by the Owners with all
relevant Municipal By-laws and Provincial Statutes and Regulations, the Owners
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
Owners shall be on and subject to the following terms and conditions:
4
7 c)-~
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) Liahtina
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) Parkina Areas and Drivewavs
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 Owners agree to obtain all necessary approvals from the
Ministry of Transportation, County of Simcoe and Township of Oro-
Medonte.
d) Outside Storaae
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) Garbaae Storaae
The Owners agree 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) Landscacina
The Owners 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 Owners must take all necessary precautions to prevent erosion and
sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and
downstream prior to and during construction. The Owners agree 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
I G)-~
5. SECURITY
Prior to signing the Agreement, the Owners will deposit with the Treasurer of the
Township, to cover the faithful performance of the obligations of the Owners arising under
this Agreement, including but not limited to the construction of the works and services
identified in Schedule "Dn 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.
The Township reserves the right to accept or reject any of these altemative
methods of providing securities. Prior to depositing the securities, the Owners'
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.
c)
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 Owners, 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 Owners, under the terms of this
Agreement.
e)
Upon written notification by the Owners' 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 Owners' obligations under this Agreement have been completed, the
Township will retum 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 Owners 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 Municioal Act,
R.S.O. 1980, Chapter 302, as amended.
7. CO-oPERATlON
The Owners consent to the registration of this Agreement by the Township, upon the title
of the subject lands, at the expense of the Owners 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.
6
Ie) -7
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 "An,
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 Owners, on behalf of themselves, their successors and assigns, agree 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 )
) Owner: Hubert Nicholas Houben
~/~
I~ZHouben
VI
) The Corporation of the
) Township of Oro-Medonte
)
) per:
)
)
)
) J. Neil Craig, Mayor
)
)
)
) Marilyn Pennycook, Clerk
)
7
7c)- 8
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 Hubert Nicholas
Houben and Brenda Houben.
LEGAL DESCRIPTION OF LANDS
Part of Lot 16, Concession 14, being Part 2,51 R-18928, being all of PIN #58548-0078 (Lt).
8
7c)-~
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 Hubert Nicholas
Houben and Brenda Houben.
SITE PLAN
Site Plan is not in a registerable form and is available from the Township of Oro-Medonte.
L-1 Grading and Landscaping Plan prepared by Steen Bolliger Associates
L-2 Landscape Details prepared by Steen Bolliger Associates
L-3 Landscape Details prepared by Steen Bolliger Associates
9
7G)-IO
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 Hubert Nicholas
Houben and Brenda Houben.
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 bome by the Owners.
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
NOTE:
1.
2.
SCHEDULE "D"
IG}-II
It is understood and agreed that this Schedule forms part of the Site Plan
Agreement between the Township of Oro-Medonte and Hubert Nicholas
Houben and Brenda Houben.
ITEMIZED ESTIMATE OF COST OF CONSTRUCTION
ITEMIZE CONSTRUCTION ESTIMATE
AMOUNT
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 5 herein.
$2,000.00
11
THE CORPUKA .IV" ur I nl: I u..".... ....Ir "". ...n_ . .__ _. _ __
BY-LAW NO. 2003-125
Being a By-law to Establish a Procedure governing the Sale of Land
and to Repeal By-law No. 96-35, A By-law to Establish a Procedure Governing the Sale of
Real Property
and By-law No. 2002-021, A By-law to Amend Schedule 'A" to By-law No. 96-35
WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, Section 268/ requires that the Council of a
municipality shall establish procedures, including the giving of notice to the public, governing the sale of
land;
AND WHEREAS the Corporation of the Township of Oro-Medonte did, on the 1ih day of April, 1996
enact By-law Number 96-35 to establish a procedure governing the sale of land and did, on the 20th day
of February, 2002 enact By-law Number 2002-021 to amend this procedure;
AND WHEREAS, Council of The Corporation of the Township of Oro-Medonte deems it necessary to
amend the procedure governing the sale of land to comply with new legislative requirements;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as
follows:
I. That Schedule 'A' attached hereto forms part of this by-law.
2. This By-law and Schedule 'A' shall apply to all classes of land owned by the Township, save and
except,
a)
b)
Land sold under Section 110 of the Municipal Act, S.O. 2001/ c. 25;
Land to be used for the establishment and carrying on of industries and
operations and incidental uses;
Land sold under Part XI of the Municipal Act, S.O. 2001, c. 25.
industrial
c)
3. Council may, at any time, by by-law or resolution, declare any of its land to be surplus to the needs
of the Township and may, by by-law, proceed to sell such land in accordance with the procedures set
out in Schedule 'A' to this by-law.
4. Following completion of the steps taken in paragraphs 1 to 3 inclusive in Schedule 'A' to this By-law,
Council shall consider its intent to sell the land and if confirmed, shall determine the most appropriate
method, in the best interest of the Township, to dispose of the land. The disposal of land shall then
be carried out according to the appropriate terms as set out in Schedule 'A'.
5. At the completion of actions required under Schedule 'A', Council shall take such action as is required
to finalize the sale.
6. Council shall have the absolute discretion to select the particular method of exposing property to the
public for sale or the change the proposed method of sale, provided that this discretion is exercised
in compliance with Schedule 'A'.
7. Council shall have the absolute discretion to accept any proposal to purchase the land, to judge the
acceptability of any terms or conditions placed therein and to judge the sufficiency or acceptability of
any consideration proposed by any purchaser.
8. That By-law No. 96-35 and By-law No. 2002-21 be repealed in their entirety.
9. That this by-law shall come into force and take effect on the date of its final passing.
Read a first and second time this 26th day of November, 2003.
Read a third time and finally passed this
day of
, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
Schedule "A"
to By-law No. 2003-125
Procedure - Sale of Land
1. The Clerk shall publish a notice of the intended sale of the land at least once in one (1) newspaper
having local circulation in the Township. The notice shall specify that anyone wishing to comment on
the proposed sale may do so by delivering such comment in writing to the Clerk at the Township
offices. The final date for submitting such comments will be specified in the notice. Any comments
received shall be considered by Council, which in its sole discretion shall decide if any further action
shall be taken on same.
2. Obtain a survey of the land proposed to be disposed of from a Registered Ontario Land Surveyor, if
deemed necessary.
3. Obtain an appraisal of the land proposed to be sold. For those properties specifically excluded from
appraisal by The Municipal Act, S.O. 2001, c. 25, as amended, Section 268(8), Council shall have the
absolute discretion to determine the sale price of the land. Council may, in its discretion, obtain an
appraisal. An appraisal shall be a written opinion of the market value of the land and shall be
prepared by a registered member of the Appraisal Institute of Canada in good standing and such
appraiser shall not be a real estate agent nor be directly connected with any real estate brokerage
firm.
4. Council shall determine in its sole discretion, by resolution, to dispose of the surplus land by either of
the three (3) following methods; sale by public tender, sale by real estate firm or broker, or direct
sale to a landowner.
4.1 Should Council determine to sell the land by tender, the following apply:
(a) Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal,
encumbrances, advertising and improvements, shall be established.
(b) An estimated bid amount shall be established which shall not be less than the appraised
value plus the additional costs referred to in Clause 4.2(a) above. Notwithstanding the
foregoing, Council may accept an amount less than the estimated bid amount.
(c) An advertisement shall be placed in at least three (3) newspapers having general
circulation in the Township and which in combination are intended to provide coverage
throughout the entire geographic area of the Township. The advertisement shall include
a brief description of the property, including a small location sketch and shall specify the
final date that offers will be accepted and shall include the following statement "the
highest or any offer may not necessarily be accepted."
(d) The tender documents shall be delivered in person to the Clerk by the date specified
therein.
4.2 Should Council determine to engage a real estate firm or broker to sell the land, the following
applies:
(a) Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal,
encumbrances, advertising and improvements shall be established.
(b) A listing amount shall be established which shall not be less than the appraised value
plus the additional costs referred to in Clause 4.3(a) above. Notwithstanding the
foregoing, Council may accept an amount less than the listing amount.
(c) An advertisement shall be placed in at least three (3) newspapers having general
circulation in the Township inviting real estate brokers to submit a listing agreement to
Council for consideration.
(d) The accepted listing agreement, including commission percentage, must be approved by
resolution of Council and the approval shall include authorization for the Mayor and Clerk
to sign.
(e) The offers shall be submitted to the Clerk on the standard Ontario Real Estate Offer to
Purchase forms and shall provide for an irrevocable period of at least fourteen (14) days.
4.3 Should Council determine to sell the land directly to a landowner(s), the landowner to whom the
land is to be conveyed must be a landowner (other than a mortgagee or chargee) who abuts the
land or an owner of other land in the Township (other than a mortgagee or chargee) who claims
legal interest in the property such as, but not limited to: an easement, a right-of-waYI possesory
title or a restrictive covenant.
(a) Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal,
encumbrances, advertising and improvements, shall be established.
(b) An estimated purchase amount shall be established which shall not be less than the
appraised value plus the additional costs referred to in Clause 4.3(a) above.
Notwithstanding the foregoing, Council may accept an amount less than the estimated
purchase amount.
'-"...'.':.....
': . i....""
. .
.. .
THB CORPORATION O~ THB TOWNSHIP O~ ORO-MBDONTE
BY-LAW NO. 96-35
A By-Law of The corporation of the Township of Oro-Xedonte to
establish a procedure governing the sale of real property.
WHBRBAB the Planning and Municipal statute Law Amendment Act, 1994,
requires that every Council with authority to sell or otherwise
dispose of real property shall by By-law establish procedures
governing the sale of real property, and
WHBRBAB the Act sets out certain requirements that must be followed
prior to any such sale or disposal of real property taking place,
requires the passage of a Procedures By-law, and exempts certain
classes of land and certain classes of purchasers from the effects
of the Act and its regulations.
NOW THBRE~ORB the Council of the Township of Oro-Medonte enacts as
follows:
1. Schedule "A" attached hereto forms part of this By-law.
2. This By-law and Schedule "A" shall apply to all classes of
land owned by the Township, save and except,
a) Classes of land described under Section 210.1(2) of the
Municipal Act, R.S.O. 1990 c.M45.
3. Council may, at any time, by by-law or resolution, declare any
of its real property to be surplus to the needs of the
Township and may, by by-law, proceed to sell such real
property in accordance with the procedures set out in Schedule
"A" to this by-law.
4. Following completion of the steps taken in paragraphs 1 to 3
inclusive in Schedule "A", Council shall consider its intent
to sell the real property and if confirmed, shall determine
the most appropriate method, in the best interest of the
Township, to dispose of the real property. The disposal of
the real property shall then be carried out according to the
appropriate items as set out in Schedule "A".
5. At the completion of actions required under Schedule "A",
Council shall take such action as is required to finalize the
sale.
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to By-Law No. 96-..>>....
6. Council shall have the absolute discretion to select the
particular method of exposing property to the public for sale
or to change the proposed method to another, provided that
this discretion is exercised in compliance with Schedule "A".
7. Council shall have the absolute discretion to accept any
proposal to purchase the real property, to judge the
acceptability of any terms or conditions placed therein and to
judge the sufficiency or acceptability of any consideration
proposed by any purchaser.
8. Notwithstanding the foregoing, with respect to the sale of
real property pursuant to the Municipal Tax Sales Act or real
property forming a highway or part of a highway closed under
the Municipal Act, the Registry Act or the Land Titles Act,
the notice and sale provisions set out in the said Acts shall
supersede the notice and sale provisions set out in this by-
law.
9. That this By-law shall come into force and take effect upon
the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 17th DAY OF APRIL
1996
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BY-LAW READ A THIRD 'lIKE AND FINALLY PASSED THIS 17th DAY OF
APRIL , 1996.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard
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Deputy Clerk, Lynda Aiken
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-021
Being a By-law to Amend Schedule' A' of By-law No. 96-35, to establish a
procedure governing the sale of real property.
WHEREAS the Municipal Act, the Municipal Act, R.S.O. 1990, c.M.45, Section
193(2) authorizes the Council of a municipality to establish procedures governing
the sale of real property;
AND WHEREAS the Corporation of the Township of Oro-Medonte did, on the 17th
day of April, 1996 enact By-law Number 96-35 to establish a procedure governing
the sale of real property;
AND WHEREAS, Schedule' A', Procedure - Sale of Real Property, attached thereto
forms part of By-law No. 96-35;
AND WHEREAS, Council of The Corporation of the Township of Oro-Medonte
deems it necessary to amend Schedule' A' to By-law No. 96-35;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That Schedule 'A' to By--Iaw Number 96-35 be deleted and replaced with
Schedule' A' attached hereto and forming part of this By-law.
2. That this by-law shall come into force and take effect on the date of its final
passing.
Read a first and second time this 20th day of February, 2002.
Read a third time and finally passed this 20th day of March
, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Actin~8YOr, J. Neil Craig
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Schedule /I A /I
to By-law No. 2002-21
rocedure - Sale of Real Property
1. The Clerk shall publi h a notice of the intended sale of the real property at least
once in one (1) new paper having local circulation in the Township. The notice
shall specify that an one wishing to comment on the proposed sale may do so
by delivering such c mment in writing to the Clerk at the Township offices. The
final date for submit ing such comments will be specified in the notice. Any
comments received hall be considered by Council, which in its sole discretion
shall decide if any f rther action shall be taken on same.
2. Obtain a survey 0 the real property proposed to be disposed of from a
Registered Ontario and Surveyor, if deemed necessary.
3. Obtain an appraisal of the real property proposed to be disposed. For those
properties specifical y exempted by Regulation from the appraisal requirement,
Council may, in it discretion, obtain an appraisal. An appraisal shall be a
written opinion of t~e market value of the real property and shall be prepared by
a registered member of the Appraisal Institute of Canada in good standing and
such appraiser shall not be a real estate agent nor be directly connected with
any real estate brok rage firm.
4.1 Council shall det rmine in its sole discretion, by resolution, to dispose of the
surplus real propert by either of the three (3) following methods; sale by public
tender, sale by real state firm or broker, or direct sale to a landowner.
4,2 Should Council detenn ne to sell the real property by tender, the following apply:
(a) Costs incurred or anticipated to dispose of the real property such as legal
fees, survey, ap raisal, encumbrances, advertising and improvements, shall
be established.
(b) An estimated bi amount shall be established which shall not be less than
the appraised v lue plus the additional costs referred to in Clause 4.2(a)
above. Notwiths anding the foregoing, Council may accept an amount less
than the estimat d bid amount.
(c) An advertiseme t shall be placed in at least three (3) newspapers having
general circulatio in the Township and which in combination are intended to
provide coverag1 throughout the entire geographic area of the Township.
The advertisemenl t shall include a brief description of the property, including
a small location sketch and shall specify the final date that offers will be
accepted and shf" include the following statement lithe highest or any offer
may not neCeSSarilY be accepted."
(d) The tender docurents shall be delivered in person to the Clerk by the date
specified therein.
4.3 Should Council detenn1ne to engage a real estate finn or broker to sell the real property, the
following applies:
(a) Costs incurred 0 anticipated to dispose of the real property such as legal
fees, survey, ap raisal, encumbrances, advertising and improvements shall
be established.
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(b)
(b)
A listing amount shall be established
appraised value plus the additional cost
Notwithstanding the foregoing, Council
listing amount.
which shall not be less than the
referred to in Clause 4.3(a) above.
ay accept an amount less than the
(c)
An advertisement shall be placed in at least three (3) newspapers having
general circulation in the Township inviting real estate brokers to submit a
listing agreement to Council for consider~tion.
The accepted listing agreement, inCIUdi~9 commission percentage, must be
approved by resolution of Council I and the approval shall include
authorization for the Mayor and Clerk to rign.
The offers shall be submitted to the Clerk on the standard Ontario Real
Estate Offer to Purchase forms and shalll provide for an irrevocable period of
at least fourteen (14) days. 1
Should Council determine to sell the real property directly to a landowner(s),
the landowner to whom the real prop. rty is to be conveyed must be a
landowner (other than a mortgagee or ctargee) who abuts the real property
or an owner of other land in the Tovynship (other than a mortgagee or
chargee) who claims legal interest in the Illproperty such as, but not limited to:
an easement, a right-of-way, possesory title or a restrictive covenant.
Costs incurred or anticipated to dispos I of the real property such as legal
fees, survey, appraisal, encumbrances, kdvertising and improvements, shall
be established.
(d)
(e)
4.4
(a)
An estimated purchase amount shall befestablished which shall not be less
than the appraised value plus the additio al costs referred to in Clause 4.4(a)
above. Notwithstanding the foregoing, ouncil may accept an amount less
than the estimated purchase amount.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-121
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL
COUNCIL MEETING HELD ON WEDNESDAY, NOVEMBER 26,2003.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Special Council Meeting held on
Wednesday, November 26,2003, and in respect to each Motion, Resolution and
other actions passed and taken by the Council at its said Meeting is, except
where prior approval of the Ontario Municipal Board is required, hereby adopted,
ratified and confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro-
Medonte. And, the Clerk is hereby authorized and directed to affix the corporate
seal to all said documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 26th DAY OF NOVEMBER,
2003.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF
NOVEMBER, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
'Clerk, Marilyn Pennycook