January 11, 2017 Page 1 of 19

Transcription

1 January 11, 2017 Page 1 of 19 MUNICIPALITY OF MIDDLESEX CENTRE BY-LAW NUMBER BEING A BY-LAW APPROVING AND RATIFYING A SITE PLAN AGREEMENT BETWEEN SUNNINGDALE GOLF & COUNTRY CLUB LTD. AS THE OWNER AND THE MUNICIPALITY OF MIDDLESEX CENTRE AS THE MUNICIPALITY FOR LAND LEGALLY DESCRIBED AS PART OF LOT 17, CONCESSION 6 (GEOGRAPHIC TOWNSHIP OF LONDON) PART OF LOT 13, REGISTERED COMPILED PLAN 1028 PARTS 3 TO 11, REFERENCE PLAN 33R MUNICIPALITY OF MIDDLESEX CENTRE RICHMOND STREET ROLL NUMBER WHEREAS the Owner owns the Land more particularly described in Schedule A to the Site Plan Agreement, dated January 11, 2017 attached hereto; WHEREAS the Owner wishes to develop the Land, legally described as Part of Lot 17, Concession 6 (geographic Township of London), Part of Lot 13, Registered Compiled Plan 1028 and Parts 3 to 11, Reference Plan 33R-15812, Municipality of Middlesex Centre; AND WHEREAS the Municipality is prepared to approve the Site Plan in the form attached to the Site Plan Agreement as Schedule B, upon the condition that the Owner enters into the Agreement; THEREFORE the Council of the Municipality of Middlesex Centre enacts as follows: 1. That the Site Plan Agreement, dated January 11, 2017 attached hereto be and the same is hereby approved and ratified. 2. That the Mayor and Clerk are hereby authorized to execute the attached Site Plan Agreement on behalf of the Municipality of Middlesex Centre. READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED this 11 th day of January, Mayor Clerk

2 January 11, 2017 Page 2 of 19 THIS SITE PLAN AGREEMENT made this 11th day of January, 2017 B E T W E E N: MUNICIPALITY OF MIDDLESEX CENTRE (hereinafter referred to as the "Municipality") OF THE FIRST PART - and - SUNNINGDALE GOLF & COUNTRY CLUB LTD. (hereinafter referred to as the "Owner") OF THE SECOND PART WHEREAS: (a) (b) (c) The Owner is the owner of the land described in Schedule A (hereinafter referred to as the "Land"); The Owner wishes to develop the Land for the purposes of a golf course and has submitted for approval site plan drawings as shown on Schedule B (hereinafter collectively referred to as the Site Plan ); The Municipality is prepared to approve the Site Plan in the form attached to this Agreement as Schedule B upon the condition that the Owner enters into this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants herein contained and in consideration of the approval by the Municipality of the Site Plan in accordance with the provisions of the Planning Act, the parties hereto agree as follows: DEVELOPMENT 1. The Owner shall undertake and complete the development of the Land in accordance with the Site Plan; and the Land shall be used by the Owner and by any subsequent Owner or occupier of the Land in accordance with and in conformity with the Site Plan. DEVELOPMENT CONTROL 2. As a condition of the approval by the Municipality of the Site Plan, the provision, maintenance and use of the following facilities and matters are required and regulated as follows:

3 January 11, 2017 Page 3 of 19 Site Plan Agreement between 2 Ministry of Transportation Approvals 2.1 The Owner agrees to obtain all necessary approvals from the Ministry of Transportation as required by its permitting processes. Site Alteration and Tree Removal 2.2 The Owner agrees to adhere to the following requirements: That prior to the initiation of any tree removal the Owner shall stake the areas to be cleared and mark the clearing boundaries with flagging tape on boundary trees to be retained as detailed in the Grading & Erosion Control Plan and the Tree Preservation Plan included in the Site Plan. This shall be approved by the Woodlands Conservation Officer of the County of Middlesex That prior to the initiation of any site alteration the Owner shall delineate the limits of grading and construction in the field as detailed in the Grading & Erosion Control Plan and the Tree Preservation Plan included in the Site Plan. All silt fencing and tree preservation/protection fencing shall be identified in the field and approved by the Woodlands Conservation Officer of the County of Middlesex That prior to the initiation of any site alteration or tree removal the Owner shall confirm to the Municipality s Building Division the location of the private sewage disposal system and well that service the residence on the Land and ensure that these services are protected during site alteration and tree removal Prior to the initiation of any site alteration or tree removal the Owner shall provide the Municipality with confirmation of the necessary approval(s) from the Upper Thames River Conservation Authority in accordance with the Conservation Authorities Act, as amended That prior to the initiation of any tree removal the Owner shall provide the Municipality with a written schedule for the removal of trees from the Land. The removal of trees shall be completed between December 1 and March Access to areas beyond the silt fencing and tree preservation/ protection fencing, for purposes of mitigation/compensation planting, habitat log and/or rock pile placement shall be supervised by a Registered Professional Forester, landscape architect, forest technologist, arborist, biologist or ecologist The Owner shall ensure that all sediment and erosion controls and tree preservation/protection fencing are monitored regularly and properly maintained, as required The Owner shall ensure that sediment and erosion controls are not removed until the soils of the construction area have been stabilized The Owner shall ensure that corrective action is taken as soon as conditions permit if sedimentation or erosion occurs The Owner shall ensure that soil stockpiles arising from excavation are stored entirely outside of all tree protection areas The new plantings shall be established in accordance with the Site

4 January 11, 2017 Page 4 of 19 Site Plan Agreement between 3 Plan. The Owner shall complete annual qualitative vegetation monitoring for a period of two years following planting and rehabilitation of the floodplain enhancement area to ensure its viability and healthy establishment. The Owner shall provide the Municipality with written details of the annual monitoring The Owner shall install a minimum of 14 bat boxes on its golf course expansion area in accordance with the approval issued by the Ministry of Natural Resources and Forestry on December 7, 2016 (MNRF File No. AYL-L ). The installation of the bat boxes shall be completed to the satisfaction of the Ministry of Natural Resources and Forestry The Owner shall ensure that any washing or refueling of equipment or vehicles is completed at least 30 metres away from the boundaries of significant woodlands The Owner shall ensure that all heavy machinery is to be prewashed prior to arriving on site in order to ensure that noxious weeds are not vectored onto the site The Owner shall ensure that the oils to be used in heavy machinery engines/transmissions and particularly hydraulic systems are to be biodegradable The Owner shall ensure that chainsaws are to be used with biodegradable chain oils when working with 30 metres of a water body, wetland and/or creek The Owner shall provide the Municipality with written clearance from the Sun-Canadian Pipe Line Company prior to initiating any site alteration or tree removal within its easement The Owner shall provide the Municipality with written clearance from the City of London prior to initiating any site alteration or tree removal within its water line easement. Storm Drainage and Grading 2.3 The final grading of the Land shall be established to the satisfaction of the Municipality, and as shown on the Site Plan. The Owner shall ensure that there is no interruption to any drainage flow because of construction on the site, which would have an adverse affect on neighbouring properties. Should such an interruption occur, the Owner shall carry out any necessary remedial work to correct the problem as recommended by its consulting engineer and to the satisfaction of the Municipality and the Ministry of Transportation, at no cost to the Municipality, Ministry of Transportation or neighbouring property owners. Exterior Lighting 2.4 The Owner agrees that all lighting of the said Land shall be oriented and its intensity so controlled as to prevent glare on adjacent roadways and properties. Maintenance 2.5 The Owner shall at all times maintain or cause to be maintained all of the Land in as neat and tidy a condition as is reasonably consistent with the development of the Land, and as otherwise required by this Agreement and the Site Plan, including weed removal and grass cutting prior to and during the development, and after completion of the development.

5 January 11, 2017 Page 5 of 19 Site Plan Agreement between 4 Signs 2.6 The Owner agrees that all signs, including locations and graphics contained in the proposed development shall be approved by the Chief Building Official prior to the installation of such signs, in order to ensure compatibility with surrounding properties and to ensure no sight line obstructions. Security 2.7 So as to ensure due performance of the requirements of this Agreement with respect to the development of the Land in accordance with the Site Plan, the Owner shall deposit with the Municipality a performance bond or letter of credit, satisfactory to the Municipality, for the principal sum of FOURTEEN THOUSAND ($14, ) DOLLARS which security bond or letter of credit shall be refundable upon due performance. The said security bond or letter credit shall be for the purpose of securing performance of all of the obligations of the Owner under this Agreement including, without limiting the generality of the foregoing, payment of money payable by the Owner to the Municipality in accordance with paragraph 2.8 of this Agreement. Municipal Costs 2.8 The Owner agrees to deposit with the Municipality, and the Municipality acknowledges having received in cash or equivalent security, the sum of TWO THOUSAND ($2, ) DOLLARS at the time of the execution and registration of the Site Plan Agreement for its actual costs incurred for land use planning, engineering, surveying and legal fees and disbursements and for the cost of administration, supervision and all other work required by the Municipality in connection with this Agreement, including the negotiations leading to and the preparation of this Agreement and costs arising out of the realization upon any security given hereunder. If this amount is insufficient, the Owner shall reimburse the Municipality for such actual costs from time to time as and when required. These costs may include: The Municipality shall be entitled to be reimbursed for its actual costs for engineering, administration and legal fees and disbursements and for the cost of administration, supervision and all other work required by the Municipality, including the negotiations leading to and the preparation of site plan agreements and costs arising out of the realization upon any security given thereunder The Municipality shall be entitled to be paid for time spent by its planning, engineering and administrative staff in the administration and supervision of the development of the Land, including negotiation and preparation of site plan agreements, the completion of all work required by site plan agreements and the realization upon any security given thereunder The hourly rates to be charged by the Municipality for its staff shall be established by resolution of the Municipal Council from time to time The Municipality may issue invoices to the Owner, from time to time, for its expenses and for the time of it staff and, when doing so may deduct the amount of the invoice from deposit money held by the Municipality in connection with the development of the Land If the deposit money held by the Municipality in connection with the development of the Land is insufficient to pay the invoice, the Owner shall pay the same forthwith.

6 January 11, 2017 Page 6 of 19 Site Plan Agreement between If the deposit money held by the Municipality in connection with the development of the Land exceeds the amount of all invoices issued by the Municipality to the Owner in connection therewith, the Municipality shall refund to the Owner such excess upon final acceptance by the Municipality of all of the work required by the site plan agreement. Future Site Plans 2.9 The Owner agrees to enter into such further site plan agreements as may be deemed necessary prior to further development on the Land. REGISTRATION OF AGREEMENT 3. The Owner consents to the registration of this Agreement against the title to the Land in the appropriate Land Titles or Registry Office to the intent and purpose that this Agreement and all of the Owner's covenants herein shall run with the Land. OWNER'S TITLE 4. The Owner represents and warrants to the Municipality that the Owner is the Owner in fee simple of the Land. MUNICIPALITY S DISCRETION 5. Where in this Agreement the Municipality is given a discretion, or the right to make a decision, in matters relating to the administration of this Agreement the Municipality shall act by its Clerk or such other officer as the Clerk or Council of the Municipality may designate for such purpose. Before exercising its discretion or making its decision, the Municipality may seek the advice of a Solicitor, an Engineer, a Planner or other consultant as may be relevant to the matter in respect of which the discretion is to be exercised or the decision to be made. EXPENSE OF OWNER 6. Every provision of this Agreement by which the Owner is obliged in any way shall be deemed to include the words "at the expense of the Owner" unless the context specifically otherwise requires. INTEREST AND LIEN 7. In the event that there are monies due from the Owner to the Municipality which have not been paid within 15 days after demand thereof by the Municipality, interest shall be payable on the amount due at the rate of 12% per annum calculated from the date of demand; and the amount due together with interest thereon shall constitute a lien upon the Land. ESTOPPEL 8. The Owner shall not call into question, directly or indirectly, in any proceedings whatsoever, in law or in equity, or before any administrative tribunal, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant and condition herein contained and this Agreement shall be pleaded as an estoppel against the Owner in such proceedings. TIME 9. Time shall be of the essence hereof in all respects; and the right of the Municipality to require strict performance by the Owner of any and all obligations imposed upon it hereunder shall not be affected in any way by any previous waiver, forbearance or

7 January 11, 2017 Page 7 of 19 Site Plan Agreement between 6 NOTICE course of dealing. 10. Any notice or any other communication required or permitted to be given under this Agreement shall be in writing and, unless some other method of giving the same is accepted by the person to whom it is given, shall be given by registered mail or by being delivered to the person to whom it is to be given at the appropriate address set out below, or such other address as may be furnished by such person, and shall be deemed effective, as the case may be, at the time of delivery thereof or four business days after the date of mailing thereof unless postal employees at the point of mailing or at the point of delivery are on strike at any time during the four business days following the time of mailing in which event it shall be effective when delivered to the addressee. SEVERABILITY 11. If any provision of this Agreement shall be found or declared by a Court of competent jurisdiction to be invalid, unenforceable or ultra vires such provision shall conclusively be deemed to be severable and the remainder of this Agreement mutatis mutandis, shall be and remain in full force and effect. NUMBER AND GENDER 12. In this Agreement, unless the contrary intention appears, words importing only singular number or masculine gender shall include more persons, parties or things of the same kind than one and the feminine and neuter gender; and if there be more than one Owner, including any subsequent Owner of the Land, the covenants of such Owner shall be joint and several. TITLES 13. It is understood and agreed by the parties hereto that the titles inserted at the head of paragraphs and clauses in this Agreement are intended for ease of reference and do not alter or have any bearing upon the interpretation of the paragraph or clause which they entitle. BINDING 14. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner shall run with the Land and shall be binding upon the Owner and upon the Owner's heirs, executors, administrators, successors and assigns, as Owner and occupiers of the Land from time to time and shall be appurtenant to the adjoining highways in the Ownership of the appropriate authority; and this Agreement shall endure to the benefit of and be binding upon the appropriate authority and its successors and assigns.

8 January 11, 2017 Page 8 of 19 Site Plan Agreement between 7 NOTICE 15. In the case of notice to the Owner under Section 10 the service shall be as follows: Attention: Dave Schmidt, Development Manager 465 Sunningdale Road West London, Ontario N6G 5B9 and in the case of the Municipality shall be as follows: Municipality of Middlesex Centre Ilderton Road RR 2 Ilderton, Ontario N0M 2A0 Attention: Clerk

9 January 11, 2017 Page 9 of 19 Site Plan Agreement between 8 IN WITNESS WHEREOF the parties have hereto affixed their respective corporate seals attested by the hands of their respective proper officers duly authorized in that behalf and the individual parties have hereunto set their hands with witness present. Approved and Authorized by By-law No enacted the 11th day of January, Sunningdale Golf & Country Club Ltd. Gordon Thompson I have authority to bind the Corporation Municipality of Middlesex Centre Al Edmondson Mayor Stephanie Troyer-Boyd Clerk

10 January 11, 2017 Page 10 of 19 Site Plan Agreement between 9 SCHEDULE A TO SITE PLAN AGREEMENT BETWEEN: MUNICIPALITY OF MIDDLESEX CENTRE OF THE FIRST PART - and SUNNINGDALE GOLF & COUNTRY CLUB LTD. The Land OF THE SECOND PART ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Municipality of Middlesex Centre, (formerly in the Township of London), in the County of Middlesex and being composed of: Part of Lot 17, Concession 6 (geographic Township of London) Part of Lot 13, Registered Compiled Plan 1028 Parts 3 to 11, Reference Plan 33R Municipality of Middlesex Centre P.I.N

11 January 11, 2017 Page 11 of 19 Site Plan Agreement between 10 SCHEDULE B TO SITE PLAN AGREEMENT BETWEEN: MUNICIPALITY OF MIDDLESEX CENTRE OF THE FIRST PART - and SUNNINGDALE GOLF & COUNTRY CLUB LTD. OF THE SECOND PART List of Drawings Comprising the Site Plan B1: Grading & Erosion Control prepared by Carrick Design Inc. (dated January 3, 2017) B2: Tree Preservation Plan prepared by Carrick Design Inc. (dated January 3, 2017) B3: Planting & Environmental Features Plan prepared by Carrick Design Inc. (dated January 3, 2017) B4: Planting & Environmental Features Plan 2 prepared by Carrick Design Inc. (dated January 3, 2017) B5: Irrigation Pipe Routing prepared by Carrick Design Inc. (dated January 4, 2017) B6: Details & Notes 1 prepared by Carrick Design Inc. (dated January 3, 2017) B7: Details & Notes 2 prepared by Carrick Design Inc. (dated January 3, 2017) B8: Details & Notes 3 prepared by Carrick Design Inc. (dated January 3, 2017)

12 January 11, 2017 Page 12 of 19 Site Plan Agreement between 11 B1: Grading & Erosion Control prepared by Carrick Design Inc. (dated January 3, 2017)

13 January 11, 2017 Page 13 of 19 Site Plan Agreement between 12 B2: Tree Preservation Plan prepared by Carrick Design Inc. (dated January 3, 2017)

14 January 11, 2017 Page 14 of 19 Site Plan Agreement between 13 B3: Planting & Environmental Features Plan prepared by Carrick Design Inc. (dated January 3, 2017)

15 January 11, 2017 Page 15 of 19 Site Plan Agreement between 14 B4: Planting & Environmental Features Plan 2 prepared by Carrick Design Inc. (dated January 3, 2017)

16 January 11, 2017 Page 16 of 19 Site Plan Agreement between 15 B5: Irrigation Pipe Routing prepared by Carrick Design Inc. (dated January 4, 2017)

17 January 11, 2017 Page 17 of 19 Site Plan Agreement between 16 B6: Details & Notes 1 prepared by Carrick Design Inc. (dated January 3, 2017)

18 January 11, 2017 Page 18 of 19 Site Plan Agreement between 17 B7: Details & Notes 2 prepared by Carrick Design Inc. (dated January 3, 2017)

19 January 11, 2017 Page 19 of 19 Site Plan Agreement between 18 B8: Details & Notes 3 prepared by Carrick Design Inc. (dated January 3, 2017)