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06 25 2003 Sp Council Agenda TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, JUNE 25, 2003 TIME: IMMEDIATELY FOLLOWING COMMITTEE OF THE WHOLE MEETING ......................................................................................................... 1. OPENING OF MEETING BY THE MAYOR l' 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 June 18, 2003. 5. REPORTS OF COMMITTEES: a) Recommendations of Committee of the Whole meeting held June 25, 2003. 6. IN-CAMERA: None. 7. BY-LAWS: >> a) By-Law No. 2003-063 Being a By-law to re-zone certain lands within Part of Lot 10, Concession 5 (Medonte) to permit the development of a single detached dwelling [St. Amant]. , b) By-Law No. 2003-064 Being a By-law to permit the temporary use of lands for the racing of motorbikes in Lot 11 , Concession 3 (Oro) [Graham) c) By-Law No. 2003-065 Being a By-law to permit the temporary use of lands for a garden suite in part of Lot 23, Concession 10 (Medonte) [Thomson]. d) By-Law No. 2003-066 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Catherine and Steven Bryson described as lands as follows: Lots 93-97, Including Plan 589 being all of PIN#58559- 0228(Lt) Township of Oro-Medonte, County of Simcoe. e) By-Law No. 2003-067 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and 1071118 Ontario Limited (Owner) and Catherine Underhill (T enant) described as lands as follows: Pt. Lot 21 , Concession 7, being Parts 1,2,3,4,5,8,9 and 10, 51 R-15045 (Except Part 1, 51 R-30031) being all of PIN#58550-0180(Lt) Township of Oro-Medonte, County of Simcoe. .. y f) By-Law No. 2003-068 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Amir Malik described as lands as follows: Part of Lot 15, Concession 9, (former Medonte) being all of PIN#58523-0099(Lt) Township of Oro-Medonte, County of Simcoe. g) By-Law No. 2003-069 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and 972580 Ontario Inc. described as lands as follows: Part Lot A, Concession 2, E.P.R. Oro Pts. 1,2 and 3,51 R- 27093 being all of PIN#58552-0079(Lt) Township of Oro-Medonte, County of Simcoe. h) By-Law No. 2003-070 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Napoleon Systems & Developments Ltd. (Phase II and Phase III) described as lands as follows: Part Lot 11, Concession 1; Part Lot E, Concession 1; Part Road Allowance between Lots 11 and E, Concession 1 being all of PIN#58552-0009(Lt) Township of Oro- Medonte, County of Simcoe. ,.. 'If 8. CONFIRMATION BY-LAW NO. 2003-062 9. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2003-063 lq - \ Being a By-law to re-zone certain lands within Part of Lot 10, Concession 5 (Medonte) to permit the development of a single detached dwelling. WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O, 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the restriction on the development of a single detached dwelling on lands within Part of Lot 10. Concession 5 (Medonte), on the basis of comments received from the County of Simcoe; AND WHEREAS the passage of such a by-law will conform with the Official Plan; '# NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule 'A20', to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbols from Agricultural/Rural Exception Ninety-Six (A/RU*96) to Agricultural/Rural (A/RU) on lands within Part of Lot 10, Concession 5 (Medonte) as shown on Schedule 'A-1' attached hereto and forming part of this By-law. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-law read a first and second time this 25th day of June, 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 .. 19 -~ Schedule IA_11 10 By-Law This is Schedule 'A-" to By-Law 2003-63 J. Neil Craig /J ~ N passed the day of Mayor Clerk y Marilyn Pennycook ?u ~ "Y-/i> U (',0 "Y-I?, (;*.96' M UNT Z CV') ~ "Y-I?, (;":9 6' z ~ ~ "Y-I?, ~Lands to Exception A~ricul ---------- "Y- "" "v o .. Os · -----'1 irJ Township of Oro-Medonte THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2003-064 lb-\ Being a By-law to permit the temporary use of lands for the racing of motorbikes in Lot 11, Concession 3 (Oro). WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to permit the racing of motorbikes for only two occasions in 2003 on lands within Lot 11, Concession 3 (Oro); and, AND WHEREAS the Council deems it prudent to allow the races to occur to ensure that the best information on noise and traffic impacts is obtained during the race events to provide Council with the opportunity to further assess the situation; " NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule 'A 12', to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbols from Agricultural/Rural (AlRU) to Agricultural/Rural Temporary Two (AlRU-T2) on lands within Lot 11, Concession 3 (Oro) as shown on Schedule 'A-1' attached hereto and forming part of this By-law. 2. Section 2.0 of By-law 97-95 is hereby amended by adding the following Section: "2.6.2 Lands within Lot 11, Concession 3 (Oro) - T2 Notwithstanding any other provision in this By-law, the racing of motorbikes for commercial purposes is permitted, but restricted to two one-day events, on the lands denoted by the symbol 'T2' as shown on the schedules to this By-law until October 1, 2003." This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-law read a first and second time this 25th day of June, 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 .. Ib-~ Schedule IA_11 10 By-Law This is Schedule 'A-I' to By-Law 2003-64 passed the day of f Mayor J. Neil Craig ~ N Clerk Marilyn pennycook tr --------- 28 ..... z i----?u ~ t":) Z ..... J:i.1 ...:i Z ..... 27 ...:i y.,<\)~o 26 P.- -?u-? 1-1 <' ::r: 2 5 m Z ~ 0 E-< ~ ~ E-< 23 < i----?u ~ 0 z 22 1-1 ~ P.- m -?u-? ~I .- <'~ ,0. j'?; \\ 'Mrl: Township of Oro-Medonfe THE CORPORATION OF THE MUNICIPALITY OF ORO-MEDONTE BY-LAW NO. 2003-065 Ic~\ Being a By-law to permit the temporary use of lands for a garden suite in part of Lot 23, Concession 10 (Medonte). WHEREAS the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 39 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to permit the development of a garden suite on lands within Part of Lot 23, Concession 10 (Medonte); and, AND WHEREAS the passage of such a by-law will conform with the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. Schedule 'A22', to Zoning By-law No. 97-95 as amended, is hereby further amended by changing the zone symbols from Agricultural/Rural (AIRU) to Agricultural/Rural Temporary One (AIRU-T1) on lands within Part of Lot 23, Concession 10 (Medonte) as shown on Schedule 'A-1' attached hereto and forming part of this By-law. 2. Section 2.0 of By-law 97-95 is hereby amended by adding the following Section: "2.6 TEMPORARY USE PERMISSIONS Uses permitted on a temporary basis in accordance with Section 39 of The Planning Act are set out in this section. 2.6.1 Lands within Lot 23, Concession 10 (Medonte) - T1 Notwithstanding any other provision in this By-law, a garden suite is a permitted use on the lands denoted by the symbol 'T1' as shown on the schedules to this By-law until June 25,2013: This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-law read a first and second time this 25th day of June, 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 " IC-~ Schedule IA_11 10 By-Law This is Schedule 'A-I' to By-Law 2003-65 J. Neil Craig J ~ N passed the day of Mayor Clerk , Marilyn Pennycook 23 22 21 2( 1S 18 r~ ~( Township of Oro-Medonle \! 'd THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE SITE PLAN CONTROL BY -LAW NO. 2003-066 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Catherine and Steven Bryson described as lands as follows: Lots 93-97, Including Plan 589 being all of PIN#58559-0228(Lt) Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 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 "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 Schedule "A" 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 25th day of June, 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 June, 2003 By-Law No. 2003- d-~ APPENDIX" A" TO BY-LAW NO. 2003-066 SITE PLAN AGREEMENT - between - CATHERINE LYNN BRYSON AND STEVEN PETER BRYSON - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Lots 93-97, including Plan 589 Being all of PIN #58559-0228 (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 1 0 Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" ""1 ) 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 ld-L\ SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planninq Act. 2003, in BET WEE N : CATHERINE LYNN BRYSON AND STEVEN PETER BRYSON 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 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: 3 ld.-5 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 $N/A. 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 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 \ d- -\j) 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} 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. 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 sh~1I 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 \d-l 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. 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. 1 O. 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. that behalf. SIGNED, SEALED AND DELIVERED Marilyn Pennycook, Clerk 2 \d-~ 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 Catherine Lynn Bryson and Steven Peter Bryson. LEGAL DESCRIPTION OF LANDS Lots 93-97, including Plan 589, being all of PIN #58559-0228 (Lt). NOTE: SITE PLAN \d-~ SCHEDULE "B" It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Catherine Lynn Bryson and Steven Peter Bryson. Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 2 -\() 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 Catherine Lynn Bryson and Steven Peter Bryson. 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 3 , . ' SCHEDULE "D" d-\ ) NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Catherine Lynn Bryson and Steven Peter Bryson. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 1. Construction of Toronto Street from existing to approximately 20' past driveway (165' :t) 400 mm Granular B 150 mm Granular A Ditching topsoil and seeding All works to Township Standard $6,000.00 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 5 herein. $6,000.00 4 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE )~-\ SITE PLAN CONTROL BY -LAW NO. 2003-067 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and 1071118 Ontario Limited (Owner) and Catherine Underhill (Tenant) described as lands as follows: Pt. Lot 21, Concession 7, being Parts 1, 2, 3, 4, 5, 8, 9 and 10, 51 R-15045 (Except Part 1, 51 R-30031) being all of PIN#58550-0180(Lt) Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in . Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 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 "An, 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 "An and Schedule "An 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 25th day of June, 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 , .' l-e-d APPENDIX" A" TO BY-LAW NO. 2003-067 SITE PLAN AGREEMENT - between - 1 071118 ONTARIO LIMITED (OWNER) CATHERINE UNDERHILL (TENANT) - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Pt. Lot 21, Concession 7, Being Parts 1,2,3,4,5,8,9 and 10, 51 R-15045 (Except Part 1, 51 R-30031 ) Being all of PIN #58550-0180 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE June, 2003 By-Law No. 2003- Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 1 0 Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" /'J 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 \e~l\ SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2003, in BETWEEN: 1071118 ONTARIO LIMITED Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- CATHERINE UNDERHILL Hereinafter called the ''Tenant'' PARTY OF THE SECOND PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Township" PARTY OF THE THIRD PART WHEREAS the Owner has applied to the Township of Oro-Medonte to permit a refreshment building for the purpose of serving fast food 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: 3 l~ -5 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 Ministry of the Environment and Ministry of Transportation. 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 Tenant 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 Tenant acknowledges and agrees that the Tenant shall be responsible for the cost of performance of all the Tenant's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Tenant is obligated in any way, shall be deemed to include the words "at the expense of the Tenant", unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be $1,000.00. The Tenant 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 refreshment building 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 l~ -lo 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 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 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. 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 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 l-e---l 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 "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 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 "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 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 Tenant for the performance of its covenants and agreements herein, and upon default on the part of the Tenant 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 Tenant 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 " \e -~ 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. 1 O. 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 ) j H..tL ) I!.!r:.r: 1071118 ONTARIO ) LIMITED ) Robert De Rosa ) Has the Authority to Bind the Corporation ) ) /7 ''), . ) 0r;Z/",~ UAtdu~ ) Tenant: CATHERINE ) UNDERHILL ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) 7 .' SCHEDULE "A" le-1 NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 1071118 Ontario Limited (Owner) and Catherine Underhill (Tenant). LEGAL DESCRIPTION OF LANDS Pt. Lot 21, Concession 7, being Parts 1, 2, 3, 4, 5, 8, 9 and 10, 51 R-15045 (except Part 1, 51 R-30031), being all of PIN #58550-0180 (Lt), Township of Oro-Medonte, County of Simcoe. 8 ----, \-e '\D 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 1071118 Ontario Limited (Owner) and Catherine Underhill (Tenant). SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. 9 \ 1\ If''\\ 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 1071118 Ontario Limited (Owner) and Catherine Underhill (Tenant). 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 . It SCHEDULE "D" \e-\~ NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 1071118 Ontario Limited (Owner) and Catherine Underhill (Tenant). ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT N/A 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 5 herein. N/A II THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE If ~ \ SITE PLAN CONTROL BY-LAW NO. 2003-068 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Amir Malik described as lands as follows: Part of Lot 15, Concession 9, (former Medonte) being all of PIN#58523-0099(Lt) Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 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 "An, 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 "An and Schedule "An 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 25th day of June, 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 NO. 2003-068 SITE PLAN AGREEMENT - between - AMIR MALIK - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Part of Lot 15, Concession 9 (Formerly Township of Medonte) Being all of PIN #58523-0099 (U) May, 2003 By-Law No. 2003- TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE l+-~ 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" THE TOWNSHIP OF ORO-MEDONTE SITE PLAN AGREEMENT l~-3 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 2 If-Y SITE PLAN CONTROL AGREEMENT This Agreement made in quadruplicate this day of accordance with Section 41 of the Planning Act. 2003, in BETWEEN: AMIR MALIK 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 commercial 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 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: 3 l" r- \-J 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 ofthe 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 $5,000.00. 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 TransferslDeeds, 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 commercial building 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 -Co 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) Lighting 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) Parking 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 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 Schedule "B". e) Garbage Storage 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) Landscaping 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 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 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-OPERA TION 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 (') ~."6 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 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 /1 C"'--. -< ) ) Owner: AMIR MALIK ) ) ) ) ) ) ) ) THE CORPORATION OF THE ) TOWNSHIP OF ORO-MEDONTE ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn pennycook, Clerk ) \\-~ SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Amir Malik. LEGAL DESCRIPTION OF LANDS Part of Lot 15, Concession 9 (Formerly Township of Medonte), being all of PIN #58523- 0099 (Lt). 8 , ' SCHEDULE "B" l - \() NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Amir Malik. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Prepared by R. J. Burnside and Associates Ltd. dated October 3,2001; revised January 16, 2003. Storm Water Management Study prepared by R. J. Burnside and Associates Ltd. dated August, 2000; revised September 25, 2002. 9 . . SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Ora-Medonte and Amir Malik. 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 " SCHEDULE "D" \~-Id NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Amir Malik. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. SECURITIES AMOUNT Securities 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 CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE lc~ _ \ SITE PLAN CONTROL BY-LAW NO. 2003-069 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and 972580 Ontario Inc. described as lands as follows: Part Lot A, Concession 2, E.P.R. Oro Pts. 1, 2 and 3, 51 R-27093 being all of PIN#58552-0079(Lt) Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 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 "An, 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 "An and Schedule "An 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 25th day of June, 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 June, 2003 By-Law No. 2003- APPENDIX "A" \ \c, -~ , q .-/ TO BY-LAW NO. 2003-069 SITE PLAN AGREEMENT - between - 972580 ONTARIO INC. - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Pt. Lot A, Concession 2, E.P.R., Oro Pts. 1, 2 and 3, 51 R-27093 Being all of PIN #58552-0079 (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 1 0 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 ~~-~ 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 Ministry of Transportation and Nottawasaga Valley Conservation Authority. 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 $200.00. 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 20' x 12' sales kiosk 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 SITE PLAN CONTROL AGREEMENT lc\. _ u . d -\ This Agreement made in quadruplicate this day of accordance with Section 41 of the PlanninQ Act. 2003, in BET WEE N : 972580 ONTARIO INC. 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 20' x 12' sales kiosk 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: 3 a) Site Plan l~-\.v 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 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 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 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 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 "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 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 "0" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security tiled 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 Jl!!!:- ~.?::p~..~p_: 04A a. Q/ND!NG ~m- This Agreemeni, and e~ CCtllainmi hetein, shall be binding upon 111& $UCC9S8()J$ 2M assigrt.q 01 the p"rti06 ~, and upon the lands described in s<;'''IeduIe 'g, e~ hereto, such ~Ie belrlg a legal description of the Iand$. and it is further agroocI that this AGreement sna>> be pn!pared, approved andrt!9ifltered on tItIG. 9. sm~OFC~ Should any Section, Sltbseclion. CIaU$$, ParagraPh or Provision of '!his AGJeemerlt be declared by a Court (>! competarlt jur1$djction to hi'! Invalid. !he ~e Shall no! affect !he Wllidilyl>i the Agraemanl as a whokJ Of .~. part Iheteof, other than the proWsion :so declared to 00 invaJiQ, 10. SAYl! ".!law ~S The OWner, on behalf of )!self, ita SUct:eSe()fS Md assigrnI, agrees to Indamnify am! $Q\fe hEtrml&Bs, tho> T 0WI>$h1p from anti agllinlrt any and an daim1l, $UiIs, action6 nod demaod$ WhaJsoeve', which may atOO eilhfJr dimetIy or indirectly by A!8son of any WOftI; or ~ perfOfl'lled I:1t the T~, Its se>MlnI$ or sub-comraclOlS in ordarto complete the work or 8ef\rice$ ;equlred to be ~ under this Agi'aet'fI$I"II, provided the wl:>jecI ml!lll'er 01 such ac\ion, auils, dai'ns or damands was nol <:aU6E!d int.ef1tiom\ily Of through gross negligence 00 the part of the T own<ibip, il$ seNant$ or agents or sub..-ntat;lOI$. m WITNESS WHEREOF, the Pat'tki$ bentunto heve affixed their ...peetiVilt _Is under the I'tmtds of tI1eiI pjoper otiicer. duty euthorized In that betIe". C< l\ (f' . OJ ::;:::;:;:;:;:;:::: .>~ "l[ ,'\'", '. ................i., ~"'-<~I.' .;, r .,L..J( . ... .. ". SIGNED, SEAlEO AND DELIVERED l';~)' '''''~......... , '. \ :)~!IIII;::::)::. ibwl'Nir. 972S8OONtARIO mc.. .................. ). 8el'erdaMascioli :-:.:-:-;.:-:-:-:- !.......-..-...- ......... ) ) ) I } 1M Cerpel'ltkln ,of 100 ) TOWMlilp of Oro-Medonte ) J per: I ) ) ) J. NaIl Cr4ig. MiIYOI' ) ) ) -- ) Marilyn Pennv_1e, Clerk ) . 7 ~. c.-'. /) ~~"'! n<>~ _ ~: 03 I 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 972580 Ontario Inc. LEGAL DESCRIPTION OF LANDS Pt. Lot A, Concession 2, E.P.R., Oro Pts. 1,2 and 3,51 R-27093, being all of PIN #58552- 0079 (Lt), Township of Oro-Medonte, County of Simcoe. 8 SCHEDULE "8" \Si-6 v NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 972580 Ontario Inc. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Site Plan revised dated May 30, 2003. Floodplain Management, Eisen Landscaping prepared by R. J. Bumside and Associates Ltd" dated January, 2003; revised March, 2003. 9 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 972580 Ontario Inc. 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 NIA 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 , " SCHEDULE "D" l~-\'.). NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and 972580 Ontario Inc. 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 5 herein. 11 N/A N/A THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ''''''''\ \.-,- \ SITE PLAN CONTROL BY -LAW NO. 2003-070 Being a By-Law to Authorize the Execution of a Site Plan Control Agreement between The Corporation of the Township of Oro-Medonte, and Napoleon Systems & Developments Ltd. (Phase II and Phase III) described as lands as follows: Part Lot 11, Concession 1; Part Lot E, Concession 1; Part Road Allowance between Lots 11 and E, Concession 1 being all of PIN#58552-0009(Lt) Township of Oro-Medonte, County of Simcoe WHEREAS authority to enter into Site Plan Control Agreements is provided for in Section 41 of The Planning Act, R.S.O., 1990, c. P. 13, as amended, and Council deems it necessary to enter into a Site Plan Control Agreement on the lands described herein; AND WHEREAS By-Law No. 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 "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 Schedule "A" 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 25th day of June, 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 l "'-:) APPENDIX "A" TO BY-LAW NO. 2003-070 SITE PLAN AGREEMENT - between - NAPOLEON SYSTEMS & DEVELOPMENTS LTD. PHASES II AND III - and - THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE DESCRIPTION OF LANDS Pt. Lot 11, Concession 1; Pt. Lot E, Concession 1; Part Road Allowance between Lots 11 and E, Concession 1 Being all of PIN #58552-0009 (Lt) TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE June, 2003 By-Law No. 2003- Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 1 0 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 \l-3 ~-L\ SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this day of accordance with Section 41 of the Planninq Act. 2003, in BETWEEN: NAPOLEON SYSTEMS & DEVELOPMENTS LTD. 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 2,719 sq.m. (Phase II) and a 6,155.7 sq.m. (Phase III) warehouse addition 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: 3 \"-' ~ 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 Ministry of Transportation and Nottawasaga Valley Conservation Authority. 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 $200.00. 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 2,719 sq.m. (Phase II) and 6,155.7 sq.m. (Phase III) warehouse addition 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 -lD 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 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 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 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 \\--l 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 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 ~ ) ) Owner: NAPOLEON SYSTEMS ) & DEVELOPMENTS ) LTD. ) Wolfgang Schroeter ) Has the Authority to Bind the Corporation ) ) ) ) ) The Corporation of the ) Township of Oro-Medonte ) ) per: ) ) ) ) J. Neil Craig, Mayor ) ) ) ) Marilyn Pennycook, Clerk ) SCHEDULE" A" '"\\ n \'^~) NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro-Medonte and Napoleon Systems & Developments Ltd. LEGAL DESCRIPTION OF LANDS Pt. Lot 11, Concession 1; Pt. Lot E, Concession 1; Part Road Allowance between Lots 11 and E, Concession 1, being all of PIN #58552-0009 (Lt). 8 '\ ~- it 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 Napoleon Systems & Developments Ltd. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro-Medonte. Drawings prepared by J. Foster Engineering Ltd. dated April 11, 2003; revised May 26, 2003; approved by R. G. Robinson and Associates (Barrie) Ltd. on June 11,2003. SS-1 Phase 2 Site Servicing Plan SS-2 Phase 3 Site Servicing Plan SG-1 Phase 2 Site Grading Plan SG-2 Phase 3 Site Grading Plan RD-1 Phase 2 Road Works Plan RD-2 Phase 3 Road Works Plan SEP-2 Phase 3 Sewage Disposal System D-1 Phases 2 & 3 Details and Notes 9 ." \ 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 Napoleon Systems & Developments Ltd. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the Solicitors for the parties after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars ($2.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO BE CONVEYED TO THE TOWNSHIP N/A 10 . . lL-\/3 Credit Compliance Group 1907 Oxford Street East London, Ontario N5V 4L9 " II.......................... ........... ..-. . .' . . . . . . . . . ..... .n ...... .... ." .... .... "... .. 0" ," ... .... ," ...... .. .. .. -. .... .. .. .... '.' .. .. ...... ...... . ..................,.. - . - - . . . . . . . , .. ................................... . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . ... ,- . ..... ................ ...................................... ...............................-...-.............. ~~I:~;...~i,l'..I:I1\Jili:p~1 ..........................,................... ................-.. ....... ............................................. ..... Transit #3550 Telephone No. (519)457-5000 Fax No. (519)457-3227 IRREVOCABLE STANDBY LETTER OF CREDIT Date: June 18, 2003 The Corporation of the Township of Oro-Medonte 148 Line 7 South Oro ON LOL 2XO We hereby authorize you to draw on The Toronto-Dominion Bank,50 Dunlop Street East Box 220 Barrie, Ontario L4M 4T3, for the account of our customer, Wolf Steel Limited up to an aggregate amount of Sixteen Thousand One Hundred Thirty Five- 50/100 Dollars ($16,135.50) available on demand as follows: Pursuant to the request of our Customer, we The Toronto-Dominion Bank hereby establish and give to you an irrevocable Standby Letter of Credit (the "Credit'') in your favour in the total amount of Sixteen Thousand One Hundred Thirty Five-50/100 Dollars ($16,135.50) which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you, which demand we shall honour without inquiring whether you have a right as between yourself and our Customer to make such demand and without recognizing any claim of our customer. Provided, however, that you are to deliver to us at such time as written demand for payment is made upon us a certificate purported to be signed by an authorized officer of The Corporation of the Township of Oro-Medonte, agreeing and/or confirming that monies drawn pursuant to this Credit No. 9950340-18 will be retained and used by you to meet our Customer's obligations in connection with the Agreement between the customer, others Of any) and the Beneficiary. The amount of this Credit shall be reduced from time to time as advised by notice in writing given to this branch from time to time by you. This credit will continue to the18th day of June, 2004 and will expire at the Branch address at the close of banking business on that date. It is a condition of this Credit that it shall be deemed to be automatically extended for one year from the present or any future expiration date hereof, unless thirty days before any such date we notify you in writing by Registered Mail that we elect not to consider this Credit renewed for any such additional period. Upon receipt by you of such notice, you may draw by means of your demand accompanied by your written certification, that the amount will be retained and used by you to meet obligations incurred or to be incurred in connection with the Agreement. Partial drawings are permitted. THIS LETTER OF CREDIT IS ISSUED SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), ICC PUBLICATION NO 500. THE TORONTO DOMINION BANK -PJ'o7im Faye Franze Compliance Officer gp /fM;t(22 11[7 KellyF' , Team Lead, Commercial Banking .. \~- 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 Napoleon Systems & Developments Ltd. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION 1. ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 1.1 Rip rap; asphalt spillway; ditching Remove and replace culverts $ 4,825.00 1.2 SWMP #2 $ 8,400.00 \-6 ~ST q :tS}'$ L+ Ei-IG f 9 g;;ps 2. LETTERS OF CREDIT AMOUNT Letter of Credit to be provided by the Owner $~3,225 00 ~~ to ensure completion of all works required "t 1<" 13S.5O under the terms of this Agreement, as noted in Section 5 herein. II ~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-062 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, JUNE 25, 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, June 25,2003, 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 25th DAY OF JUNE, 2003. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25th DAY OF JUNE, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook