COMMITTEE OF THE WHOLE MEETING MARCH 6, 2017

Transcription

1 REPORT #ENG SITE PLAN AGREEMENT - D11-BE ONTARIO INC. PATTERSON PARK CONDOMINIUM 43 DALE DRIVE, BEETON COMMITTEE OF THE WHOLE MEETING MARCH 6, 2017 RECOMMENDATION That Report #ENG be received; And further that the necessary by-law be enacted authorizing the Mayor and Clerk to execute the Site Plan Agreement with Ontario Inc. to construct a condominium building at 43 Dale Drive, in the Community of Beeton, substantially in the form of Attachment No. 6 to Report #ENG , all subject to the Town's Solicitor's clearance; And further that the funds received as part of the Tree Loss Compensation be transferred to the Tree Reserve Fund. OBJECTIVE This report is submitted to seek Council's approval to execute a Site Plan Agreement between the Town of New Tecumseth and Ontario Inc. for the construction of a three-storey, 30-unit condominium development located at 43 Dale Drive, in the Community of Beeton. BACKGROUND On August 7, 2015, Ontario Inc. submitted an Application for a Site Plan Agreement (D11-BE-014) for a proposed condominium building, specifically located at 43 Dale Drive, Beeton. A location plan is included as Attachment No. 1. On January 9, 2017, Engineering Staff presented to the Committee of the Whole Report (COW) #ENG recommending the necessary by-law be enacted authorizing the Mayor and Clerk to execute a Site Plan Agreement with Ontario Inc. to construct a condominium building located at 43 Dale Drive, in the Community of Beeton. At the COW meeting of January 9, 2017, the Committee adopted the following motion: That Report #ENG be received;

2 Report #ENG , March 6, 2017 And further that staff be directed to hold a public information meeting prior to the building permit being issued; And further that the site plan be circulated to the Heritage New Tecumseth Advisory Committee. On January 16, Engineering Staff presented to Council Report #ENG Additional Information Memorandum and identified that Staff was in contact with the Applicant regarding Council's direction and that steps were being taken to address Council's directives. Following the January 16, 2017 Council Meeting, the Applicant and his Architect revised the building elevations to address comments raised by chair of the Heritage New Tecumseth Advisory Committee. The revisions included modifications to the roof line, extensions to the parapet, addition of crown molding, revision of brick colour to be more consistent with the existing brick on the downtown Beeton buildings, increased brick profile, more traditional windows, and coach lamp style exterior lighting fixtures on the building. On January 24, 2017, the Heritage New Tecumseth Advisory Committee received the presentation from the Applicant and the Applicant's consultant that included an updated site plan and façade. At the COW meeting of February 6, 2017 the Heritage New Tecumseth Advisory Committee submitted Summary Report of January 24, 2017 that identified the following: The Committee received the delegation of Mr. Doug Gray, Granite Condos and Mr. Ian S. Malcolm, ISM Architects, regarding the Site Plan - Patterson Park Condominium - 43 Dale Drive, Beeton. The Committee agreed that they have no objections to the plan as presented subject to the applicant and his architect continuing to work with Town Staff to accommodate the conditions of the Town. On February 9, 2017, a public drop-in meeting was held at the Beeton Library to allow the public to provide comment on the application. The building elevations presented at the drop-in meeting were consistent with those presented to the Heritage Committee. The Applicant, Planning Staff, and Engineering Staff, were in attendance to provide any background the public may request. Comments from the public drop-in meeting were generally favourable to the proposed development. The Applicant provided a letter to Staff that identified the outcome of both meetings and the steps taken to address comments from those meetings. The Applicant's letter is included as Attachment No. 5. Page 2 of 40

3 Report #ENG , March 6, 2017 The Engineering Department received the fifth submission from the Applicant on January 30, It is anticipated the majority of Staff's comments have been addressed as part of this submission. COMMENTS AND CONSIDERATIONS The Owner, Ontario Inc., proposes to construct a three-storey, 30-unit condominium building at 43 Dale Drive, in the Community of Beeton. Site Description The existing site is located at the west side of Sideroad 10 (Patterson Street North) between Dale Drive and County Road 1 (Main Street East). The property is generally rectangular in shape and is approximately 0.31 hectares in area as illustrated on Attachment No. 1. The site is bound by commercial uses/properties to the south and east and residential uses/properties to the north and west. The latest Site Plan provided in support of the proposed development is included as Attachment No. 2. Zoning The Planning Department, through a memorandum to the Engineering Department on February 16, 2017, has confirmed the lands are zoned "Urban Core Commercial" ('UCC') on Schedule 'B' of the New Tecumseth Zoning By-law Per the Planning Department's memorandum the proposal complies will all applicable provisions of the zoning by-law. As such, the Planning Department has confirmed they do not have concerns with the proposed development. Urban Design Guidelines On October 20, 2003, Council approved Urban Design Guidelines by Brook Mcilroy Planning + Urban Design. Objectives and guidelines from the Urban Design Guidelines were reviewed with respect to the proposed development. The Town's Urban Design Guidelines outlines the criteria Owners are to use when designing buildings with respect to building configuration, orientation, architecture, parking, and landscaping. Planning Staff and the Owner are in the process of finalizing the urban design requirements for the development. The Elevation Plan provided as Attachment No. 3 to this report is a reproduction of that which was included as Attachment No. 3 to Report #ENG Following a review of the revised façades by the Planning Department, the Heritage New Tecumseth Advisory Committee, and the Public Drop-in meeting, Planning Staff has advised that the proposed general appearance of the building to be complimentary and consistent with the existing buildings along Main Street. A material sample board and actual colours of the proposed external materials for the building is still required for review and consideration. With respect to these outstanding Page 3 of 40

4 Report #ENG , March 6, 2017 items, text has been added to the Site Plan Agreement identifying that a Building Permit will not be issued until the urban design requirements have been completed to the satisfaction of Staff. The latest Elevation Plan provided in support of the proposed development is included as Attachment No. 4 and is an update to what was previously presented to the COW of January 9, Water Servicing The proposed Condominium will be serviced from a 200mm diameter watermain located within the Patterson Street North right-of-way. A 100mm diameter domestic water service and a 150mm diameter fire water service are proposed to connect to the existing 200mm diameter main to service the building with domestic and fire water. Sanitary Servicing The proposed Condominium will be serviced from a 250mm diameter sanitary sewer located within the Patterson Street North right-of-way. A 200mm diameter sanitary service is proposed to connect to the 250mm diameter sanitary main to service the building. As part of the sanitary analysis, the Owner's engineer reviewed the existing sanitary system from the building to the Lilly Street pumping station. Based on that review, the engineer determined the existing infrastructure has the residual capacity to service the proposed development and can proceed in advance of the construction of the Dayfoot Street trunk sewer. Stormwater Management Under existing conditions storm runoff generally flows overland from the south to the north and ultimately enters upon the Dale Drive and Patterson Street right-of-ways. The proposal intends to direct the minor storm runoff underground to the existing 300mm diameter storm sewer located within the Dale Drive right-of-way. Major storm runoff will flow overland to the Dale Drive right-of-way. A small portion along the periphery of the site will continue to flow uncontrolled overland to Main Street East and Patterson Street. Post-development flows will be controlled by a 75mm diameter orifice tube and will be controlled to pre-development levels. Stormwater retention will be provided through underground and above ground storage consisting of prefabricated underground detention chambers surrounded by clear stone and filter fabric. Street & Site Illumination Plan John D. Bell and Associates completed a Site Illumination Plan for the development. The lighting levels have been shown to be acceptable and do not negatively impact the surrounding land uses. Additionally, illumination of the site conforms to the Town's Illumination Guidelines. After the site has been constructed the Applicant is required to Page 4 of 40

5 Report #ENG , March 6, 2017 provide certification from the lighting designer that the lighting installed is in conformance with the accepted Site Illumination Plan. Noise Impact Assessment A Noise Assessment Study has been submitted for the proposed development. The report was provided to Aercoustics Engineering Limited for peer review. On November 3, 2015 confirmation was received stating the overall approaches to the noise analysis as well as the interpretation of the findings presented in the report are appropriate. It was further noted that an acoustical review is recommended once the final selection of mechanical equipment has been made. Text has been added to the agreement that the acoustic component of the site plan must be completed prior to the issuance of a Building Permit. Road Widening & Daylight Triangle The following road widenings and daylight triangles are required in accordance with the Town's engineering standards: A 3.0m road widening along Main Street East (County Road 1). A 3.0m road widening along Patterson Street (Sideroad 10). A 5.0m road widening along Dale Drive. A 7.5m by 7.5m daylight triangle at Main Street East (County Road 1) and Patterson Street (Sideroad 10). A 7.5m by 7.5m daylight triangle at Dale Drive and Patterson Street (Sideroad 10). The Owner proposes to provide the following conveyances: A 2.0m road widening along Main Street East (County Road 1). A 3.0m road widening along Patterson Street (Sideroad 10). A 1.8m road widening along Dale Drive. A 4.5m daylight triangle at Dale Drive and Patterson Street (Sideroad 10). A 4.5m daylight triangle at Main Street East (County Road 1) and Patterson Street (Sideroad 10). With the exception of the road widening along Patterson Street (Sideroad 10), the Owner proposes to provide undersized conveyances. A note has been added to the agreement stating any future redevelopment of the site will require the conveyance of the remaining portion of lands in accordance with the Town's standards. The reduced road widenings and daylight triangles are being proposed to facilitate the construction of a proposed multi-residential building. The Owner advised the provision of the full conveyances would have made the development unviable. Access and Parking The Town's Zoning By-law requires an apartment building to have 1.75 parking spaces per dwelling unit. Based on this criteria, 53 parking spaces are required for the building, Page 5 of 40

6 Report #ENG , March 6, 2017 of which 4% are required to be barrier-free parking spaces. The proposal includes 53 parking spaces, of which four (4) are barrier free. As such, the parking requirements are met for this development. Access to the site is proposed to be provided by one (1) 7.5m wide driveway located on the south side of the Drive Drive right-of-way. This driveway configuration is supported by the Traffic Report. Haul Route The Agreement designates the haul route the Owner is to follow during the course of construction activities. The haul route has been identified as east on Main Street East (County Road 1). In keeping with standard practice, no construction truck traffic is permitted through the urban areas of Alliston, Beeton, or Tottenham nor through a school zone during the start and end of the school day. The haul route cannot be amended, changed, or altered in anyway without written authorization from the Municipality. Dust Control Plan A Dust Control Plan has been submitted by the Owner's consultant and outlines mitigating measures that are to be taken to minimize and address dust resulting from construction works. Arborist and Tree Preservation An arborist report has been submitted for the proposed development. The report was provided to Urban Forest Innovation Inc. for peer review and with the exception of the methodology proposed to protect one neighbouring tree, the report is generally considered acceptable. Based on the figure provided by the Owner's consultant, tree compensation is in the order of $39, and this figure has been confirmed appropriate following peer review. It is noted that Tree 11 as identified in the Arborist Report and Tree Preservation Plan is considered a shared tree between the Owner of the subject property and the adjacent property owner to the west fronting Main Street East. The Applicant has had discussions with the adjacent landowner regarding the proposed development and preservation plan for Tree 11 and the landowner is comfortable with the discussion and plan. A written Acknowledgement between the Applicant and the adjacent landowner has been provided to the Town, and the Town is to retain additional securities for the subject tree for a period of three (3) years following the completion of base course asphalt within the development lands; should the condition of the tree decline during the three (3) year period, the security will be used to ensure the matter is addressed. Items Raised at Public Drop-In Meeting A number of items were raised by members of the community at the Public Drop-In Meeting on February 9, The concerns raised by the public are generally summarized as follows: an adjacent neighbour's sump pump currently discharges onto Page 6 of 40

7 Report #ENG , March 6, 2017 the development property and will be required to be relocated; an adjacent neighbour's driveway encroaches onto the development property; there is a shared tree located on the property line which is to be preserved during construction; request raised for precondition survey of neighbouring properties in advance of construction; and the haul route to and from the development site and impacts to pedestrians, particularly in the vicinity of the school. The Developer has provided a letter to the Town, along with supporting information to demonstrate how the above items have been satisfactorily addressed. The Developer's letter is included as Attachment No. 5. Departmental Circulation The Applicant has provided a fifth submission of reports and drawings in support of the proposed development. All major items to date have been addressed however, text has been added to the Agreement restricting the release of a Building Permit until all plans, reports, and letters have been accepted for site plan purposes by Staff. Site Plan Agreement A Site Plan Agreement between the Town and Ontario Inc. has been prepared and circulated to the Owner, the Town's Solicitor, and internal Town Departments. All comments to date are reflected in the Agreement. The substantially completed Site Plan Agreement, attached hereto as Attachment No. 6 is submitted to Council for their consideration. FINANCIAL CONSIDERATIONS The building construction and site works are to be carried out at the Owner's expense. It is noted the proposed development is located in the Urban Core Commercial Zone and as such, per Development Charge By-law , a reduction of 75% of the Municipal portion of the development charge is applicable for this development. Schedule 'C' of the attached Site Plan Agreement provides a breakdown of the Owner's financial obligations for this development and are as follows: Development Charges for this site are applicable for this development. A breakdown of the applicable development charges are as follows: Municipal $177, Educational $52, County $158, Total $388, Cash-in-lieu of Parkland is applicable for this development and is to be paid in accordance with the Town's Parkland Conveyancing Policy By-law Cash-in-lieu of Parkland is to be paid at the Building Permit stage. Page 7 of 40

8 Report #ENG , March 6, 2017 Tree compensation per Town By-law is applicable and is in the order of $39, Tree compensation is payable upon the execution of the Site Plan Agreement. The Applicant is required to submit a Construction Security in the form of a Letter of Credit or Cash Security to cover the faithful performance of the Owner's obligations. The required Letter of Credit or Cash Security is $47, and is required to be provided upon execution of the Site Plan Agreement. The Applicant has provided a deposit on account in the amount of $2, as a security to ensure payment of the Town's legal and consulting fees. The Applicant has provided a Site Plan Application and a Site Plan Application Fee in the amount of $5, Respectfully submitted: Mike Ip, C.E.T. Engineering Coordinator Attachments: A1-LocationPlan A2-SitePlan A3-PreviousElevationPlan A4-ElevationPlan A5-Applicant'sLetter A Agreement Approved By: Department: Status: Mark Sirr, CPA, CMA Finance Approved - 02 Mar 2017 Blaine Parkin, P. Eng. Deputy CAO Approved - 02 Mar 2017 Brendan Holly CAO Approved - 02 Mar 2017 Page 8 of 40

9 CENTRE STREET SOUTH BEETON Patterson Park Condominium 43 Dale Drive, Beeton Location Map CENTRE STREET NORTH BEETON DALE DRIVE PATTERSON STREET NORTH SUBJECT PROPERTY µ Page 9 of 40 MAIN STREET WEST MAIN STREET EAST Alliston Beeton PATTERSON STREET SOUTH Tottenham MAPLE AVENUE WEST MAPLE AVENUE EAST M 1:2,000 Created by the Engineering Department, GIS Mapping Division, February 2015.

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13 February 18, Ontario Inc. o/a Patterson Park Condominiums 190 Hotchkiss Street Gravenhurst, ON PIP 1H6 P: F: Attn: Mike Ip Engineering Coordinator Town of New Tecumseth 10 Wellington St. E., Alliston, ON L9R 1A1 RE: Site Plan Agreement Patterson Park Condominiums Dear Mike, As per our conversation, enclosed is an update on items requested for Patterson Park Condominiums in Beeton. Heritage Design Modifications A meeting with Counsellor Harrison-McIntyre gave input to what the Heritage Committee would be looking for. The design was modified and presented to the Committee. The comments were positive and the motion was to adopt the new design. A public meeting was held Feb 9 th at the Beeton Public Library. Most of the neighbours came by, mostly to see when construction was going to start. Others in attendance were reservation holders for the development, again, there to get an update on construction dates. The building was viewed positively and there were no negative comments with regards to design. Andy Warzin from planning and Rayna Thompson from engineering were also in attendance. 1 Page 13 of 40

14 Neighbouring Property Attached are: 1) Acknowledgement from Robert and Esperanza Jordan, owners of 38 Main St, Beeton 2) Tree Preservation Plan referenced in the above Acknowledgment 3) Letter from Pearson Engineering confirming that the flow from the sump pump from neighboring property will not have any effect on the storm water system. Pre Condition of Neighboring Properties Prior to construction, pre-condition records of neighboring properties will be recorded and can/will be provided to Town upon request. Haul Route Owner acknowledges and agrees to haul route requirements as outlined in the Site Plan Agreement. All trades, sub-trades, and other parties associated with the project will be made aware of the specified haul route and restrictions. Further to the Site Plan Agreement 1. Patterson Park Condominiums ( Owner ) agrees to provide the following asconstructed plans and drawings for the site within 30 days of issuance of the Certificate of Occupancy: (a) (b) (c) (d) (e) Site Plan Site Grading Plan Site Servicing Plan Illumination Plan Landscape Plan 2. Certification letters from the applicable Engineering Consultants will be required prior 2 Page 14 of 40

15 to the release of any securities, in accordance with Section 17 of this agreement. These certification letters will confirm that the works have been completed as shown on the plans and meet the necessary standards. Certification Letters will be required for but not be limited to, Civil Works (Grading, Servicing, and Stormwater Management), Exterior Lighting, Acoustical Mitigation, Building Elevations, and Landscaping. 3. Construction Securities as identified in Schedule C of the Site Plan Agreement are to be held for a minimum of one year following the completion of all construction works and receipt of acceptable certification letters and record drawings from the Owner s Consultants. 4. The Owner agrees to assume all responsibility and liability related to the internal site storm water ponding and storage, including any and all damages resulting from the designed operating conditions and any and all downstream damages resulting from their removal, modification, or lack of maintenance to on-site controls. 5. The Owner must obtain written approval from the Nottawasaga Valley Conservation Authority, Town of New Tecumseth, or any other jurisdiction having authority, prior to permitting removal of any facilities or modification to the approved design. 6. The Owner agrees that all deliveries for this site will be in accordance with the Town s Noise By-law. 7. The Owner agrees that the waste & recycling pick-up for this site will be in accordance with the Town s Noise By-law. 8. The Owner shall be responsible for ensuring that erosion and sediment controls required on the site are inspected on a weekly basis, and that the inspection and any maintenance and/or repair activities are documented. The Owner and/or his Consultant shall provide the Municipality documentation of the inspections and activities in a checklist format as a minimum, to the satisfaction of the Municipality. 9. The Owner acknowledges that an appropriate haul route is to be used during construction of any Works associated with the development. The haul route is identified as east on Main Street East (County Road 1). No construction truck traffic will be permitted on Main Street East or Dale Drive west of the site, or on Patterson Street north of the site. 3 Page 15 of 40

16 The haul route cannot be amended, changed or altered in any way without written authorization from the Municipality. The Owner together with its employees, associates, contractors, agents, sub-contractors or designates shall only use the approved haul route and will not use any other Municipal roads which are not included as part of the haul route in connection with the proposed Works. No traffic is to be permitted through the urban areas of Alliston, Beeton, or Tottenham, except as provided in the approved haul route. Any failure to comply with or abide by the haul route will be deemed to be a breach of this Agreement. Where a haul route passes by a school, the trucking operations are to cease from 30 minutes prior to 15 minutes after the start of school, as well as from 15 minutes prior to 30 minutes after the dismissal. All haul routes must be approved by the Municipality in advance of their use. The Municipality has the authority to direct the Owner to alter the haul route, should complaints arise. In the event of any documented failure to comply with the haul route, the Municipality will give notice of such breach to the Owner. The Owner will have (30) days from delivery of notice within which to either: (a) (b) Provide evidence satisfactory to the Municipality that the breach was not related to the Works and/or not caused by the Owner or any of their employees, associates, contractors, agents, sub- contractors, or designates; or In the event of not being able to provide such evidence, to pay the sum of $ to the Municipality as predetermined liquidated damages for each documented breach of the haul route. The parties acknowledge that the liquidated damages reasonably reflect the additional cost of the Municipality s administration, inspection, site attendances, and labour costs in monitoring compliance with the haul route requirements of this Agreement. 10. During the course of construction and until the obligations of the site plan have been 4 Page 16 of 40

17 fulfilled, the Owner shall take all necessary steps to control weeds, and to prevent any dust or mud problems for traffic or adjacent residents and property owners, including scraping, cleaning, sweeping, watering and applying proper dust control agents. These steps shall be taken on a regular basis and in the event of any failure to do so, the Municipality may give 24 hours notice to the Owner to correct the problem, and if the Owner fails to do so, the Municipality may, without further notice, enter the lands as agent for the Owner to undertake correction of the problem at the Owner s expense. If the Owner fails to pay the Municipality within Thirty (30) days of the date of billing, then the money owing may be deducted from the securities held by the Municipality in addition to any other rights of enforcement. Prior to the commencement of any Site Alteration works, the Owner shall implement the written Dust Control Plan referenced in Schedule B. The Dust Control Plan shall include, but not be limited to the following: (i) (ii) (iii) (iv) (v) (vi) (vii) an identification of all potential dust sources; a description of the dust control method(s) to be used for each source; a schedule and rate of application calculation or some other means of identifying how often, how much or when the control method shall be used; provisions for monitoring and record-keeping; a contingency plan in the event that the first control plan does not work; measures to control and remediate mud being tracked offsite onto the local roadways; and the name and contact information of the representative responsible for ensuring the plan is implemented and monitored and who can be contacted in the event of a complaint. 11. The Owner acknowledges that it has been made aware by the Municipality that there are a number of Municipal By-Laws that the Owner is expected to abide by during the construction and development activities associated with the Lands. The Owner shall make itself aware of the By-Laws and ensure that activities occurring within the Lands are in accordance with the applicable By-Laws. In addition to the By-Laws set out above, the By-Laws may include, but are not limited to, the following: (a) Municipal Sewers Discharge By-Law ; (b) Reduced Load Limit By-Law ; (c) Open Air Burning By-Law ; (d) Tree Preservation and Compensation By-Law (e) Noise Control By-Law ; and (f) Municipal Addressing By-Law Page 17 of 40

18 12. In keeping with the recommendation of the Owner s Acoustical Engineer, an Acoustical Report is to be provided once the mechanical systems have been determined. Occupancy of the proposed development will not be permitted until the Acoustical Assessment has been accepted by Staff. 13. The Owner acknowledges that the material, colour, fit, and finish of the building will be in keeping with the elevation plans identified in Schedule B. Any deviation will be done so in accordance with Section 5 of this agreement. The Owner further acknowledges that a Building Permit for the proposed site works will not be issued until a material sample board and colour elevation drawings are submitted to the satisfaction of Staff. 14. The Owner acknowledges that a Building Permit for proposed site works will not be issued until the drawings, letters, and reports provided in support of the site Please let me know if there is anything else you need, Regards, Doug Gray Ontario Inc. 6 Page 18 of 40

19 THE CORPORATION OF THE TOWN OF NEW TECUMSETH SITE PLAN AGREEMENT B E T W E E N: THIS AGREEMENT made this 28 th day of February, 2017, THE CORPORATION OF THE TOWN OF NEW TECUMSETH (hereinafter called the MUNICIPALITY ) OF THE FIRST PART - and ONTARIO INC. (hereinafter called the OWNER ) OF THE SECOND PART WHEREAS the Owner represents and warrants that it is the registered owner of the lands and premises described in Schedule A to this Agreement (the Lands ) and proposes to develop the Lands in accordance with the Site Control Plans and Reports (the Site Reports ) attached as Schedule "B", and the Site Control Drawing (the Site Plan ) attached as Schedule B-1 to this Agreement; AND WHEREAS the Owner proposes to construct a 30-unit residential condominium development on the Lands with all related work to be in accordance with the terms of this Agreement and the Schedules hereto (the Development ); AND WHEREAS the Owner warrants that the Mortgagee currently shown on title, namely, Meridian Credit Union Limited, is the only mortgage holder in relation to the Lands and that there are no other mortgages, charges, liens, claims, or other encumbrances registered against or otherwise binding the Lands; AND WHEREAS the Owner warrants that the Mortgagee as shown on title will execute a Postponement of Interest to be registered on title so that the Agreement herein will have priority to the said Mortgagee currently registered; AND WHEREAS the Municipality requires the Owner, and the Owner agrees, to enter into an Agreement to construct and install certain works on and abutting the Lands and to regulate the proposed construction on the Lands; Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 19 of 40

20 NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, AS WELL AS OTHER GOOD AND VALUABLE CONSIDERATION, THIS AGREEMENT WITNESSES AS FOLLOWS: 1. RECITALS: The parties hereto confirm the foregoing recitals and incorporate same as terms of this Agreement. 2. SCHEDULES: The following schedules are attached hereto and form part of this Agreement: 2.1 Schedule A : Description of the Lands. 2.2 Schedule B : Site Control Plans and Reports (Site Reports). 2.3 Schedule B-1 : Site Control Drawing (Site Plan). 2.4 Schedule C : List of Development Levies and other charges to be commuted by the Owner. 2.5 Schedule D : List of Easements and Lands to be conveyed to the Municipality. 2.6 Schedule E : Further terms forming part of this Agreement. 2.7 Schedule F Requirements For Occupancy 3. PRE-CONDITIONS: Prior to executing this Agreement the Owner shall: (a) (b) Have paid in full all outstanding development invoices, taxes, water charges, sewer charges or drainage and local improvement charges, related to the Lands; Have obtained and submitted confirmation that satisfactory arrangements have been made with the Municipality s Engineering Department, and any relevant utility for the proposed development. Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 20 of 40

21 (c) (d) (e) Have submitted to the Municipality the final approved Site Reports (Schedule B ) and Site Plan (Schedule B-1 ) and any other schedules that may be required for this Agreement. Have brought the deposit on account (required in Section 6) into good standing. Have paid to the Municipality a security deposit of $47, to cover the faithful performance of the Owner's obligations herein. This security can be: (i) cash, certified cheque, bank draft; or (ii) an irrevocable standby Letter of Credit from a Schedule 1 Chartered Bank of Canada, issued in accordance with the Municipality's current policy and the ICC regulations respecting Letters of Credit. The letter of Credit shall be for a minimum guaranteed period of two (2) years and shall be in a form that automatically renews for one year periods. The Municipality will not accept letters of Guarantee. 4. PERMITS: Prior to the issuance of building permits, the Owner shall: (a) (b) (c) Submit the required applications and fees to the Building and Development Department for building permits, inclusive of all information as may be required by the Chief Building Official of the Municipality or his designate; Obtain all necessary permits and approvals required by any applicable agencies having jurisdiction, or made satisfactory arrangements to do so prior to starting construction; and Have paid to the Municipality all Development Charges and other charges required by the Municipality (see Schedule C ) or made an agreement satisfactory to the Municipality for the payment of same. 5. SITE PLAN OBLIGATIONS: The Owner covenants and agrees with the Municipality that the proposed building and other works shown on the Site Plan will be erected in conformity with the said Site Plan and Site Plan Reports, in a good and workmanlike manner and in accordance with any specifications set out in this Agreement, the Engineering Standards of the Municipality and the standards of any appropriate regulatory authority. No deviation from or modification of the Site Plan and Site Plan Reports shall be made without the written approval of the Municipality. Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 21 of 40

22 Without restricting the generality of the foregoing, the Owner agrees to comply with the following items as shown on the said Site Plan (Schedule B-1 ); (a) (b) (c) (d) (e) (f) (g) (h) the location of proposed and existing buildings; the location of entrances and exits on abutting roads; the area and location of lands and structures to be used for off-street or covered parking; the use of lands not covered, or to be covered by buildings; the landscaping and planting of the site; the lot grading, drainage, services, and any other required plans for the site; the use of commercial signage; and the appearance of all buildings on the Lands as per the architectural renderings. 6. FINANCIAL OBLIGATION: The Owner agrees to pay to the Municipality, on a cost recovery basis, the reasonable cost of the Municipality's, lawyer, engineer and planning consultants for all costs involved in processing the proposed site plan development, including the costs related to the preparation, execution, registration and enforcement of this Agreement. In addition, the Owner agrees to pay to the Municipality all fees in accordance with the Municipality s Planning Fee By-Law. The Owner will maintain with the Municipality a deposit of two thousand, five hundred dollars ($2,500.00) on account of the Municipality s costs incurred under this Agreement. The Owner will pay the Municipality s costs within thirty (30) days of being billed. In the event the Owner fails to pay these costs, the Municipality shall be entitled to deduct same from the deposit and it will be the Owner s obligation to forthwith replenish the deposit to the original level. In the event the Owner fails to pay accounts within thirty (30) days of being billed, the Municipality will be entitled to charge interest on the overdue accounts at the rate from time to time charged on overdue realty taxes. Nothing herein shall limit the Municipality from using any other security to satisfy the obligations under this section. 7. OWNER S EXPENSE: Every obligation 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. Nothing in this Agreement shall relieve the Owner Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 22 of 40

23 from any other lawfully imposed rates, taxes, levies or charges now or hereinafter imposed by the Municipality or other government body. 8. OWNER S OBLIGATIONS: All building and works to be done pursuant to the Site Plan shall be provided and maintained by the Owner at the Owner's sole risk and expense and to the satisfaction of the Municipality. During the course of construction, the Owner shall not create any unreasonable public nuisance in the manner of dust, noise or noxious odours, and in particular shall not obstruct ingress or egress to the lands or interfere with traffic flowing along adjoining roadways. The Owner shall repair any existing road, or existing structure or plant located along the road allowance, damaged as a result of the development. Further the Owner will be responsible for the full costs involved in the relocation of any existing service or utility required as a result of the development. In addition, the Owner shall be responsible to pay damages caused or arising either directly or indirectly to adjoining lands including any building or structure located thereon resulting from or in consequence of the Development work undertaken by the Owner. The Owner shall indemnify the Municipality from any claims or damages arising therefrom in accordance with the provisions of Section EASEMENTS AND LANDS TO BE CONVEYED TO THE MUNICIPALITY: The Owner agrees to convey such land and to grant all such easements and rights-of-way as may be required for the installation and supply of services to the development at the expense of the Owner as set out in Schedule D attached hereto. 10. DRAINAGE: The Owner shall be solely responsible for the proper drainage of the lands and it shall be an ongoing obligation of this Agreement that appropriate drainage of surface water shall be maintained by the Owner as well as successors-in-title. 11. ACCESS AND INSPECTION: The Owner covenants and agrees that the Chief Building Official, Engineer and other designated agents of the Municipality shall have the right to inspect the lands, buildings and works being erected or constructed at all times. If in the Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 23 of 40

24 opinion of the Chief Building Official, Engineer or his designate, the work is not being carried out in accordance with the Ontario Building Code standards or the requirements of this Agreement, in the event of an urgent or emergency situation, he may immediately stop all or any part of the constructions for any length of time until the buildings and works have been placed in satisfactory condition. Otherwise the provisions of Section 14 apply. 12. WASTE: All construction refuse and debris from the Development shall be disposed of in an orderly and sanitary fashion in a disposal area provided by the Owner off the site of the development. The Municipality shall not be responsible for the removal, disposal or acceptance of refuse and debris. No burning will be permitted at any time on the Lands, except in accordance with the Municipality's Burning By-law. Once the Development is completed, all refuse and debris from the Development shall be disposed of in an orderly and sanitary fashion in a disposal area provided by the Owner. The Municipality shall not be responsible for the removal, disposal or acceptance of refuse and debris. 13. TERMINATION: If the Owner has failed to take out a building permit within one (1) year from the date of the Agreement, or having taken out a building permit failed to complete construction of the Development within two (2) years of the date of the permit, this Agreement may be terminated and declared null and void by the Municipality at its sole option and on thirty (30) days notice to the Owner. The refund of any fees, levies or other charges shall be at the sole discretion of the Municipality, but under no circumstances will interest be paid on any refund. Further, it is the intent of this Agreement that the works will be performed expeditiously and continuously once commenced. 14. ENFORCEMENT: If the Owner is in default of any of the requirements of this Agreement, including the obligation to maintain the works, then the Municipality may immediately provide written notice of the default to the Owner, including the expected corrective work, and provide the Owner seven (7) calendar days, or in a bona fide emergency situation where notice is practical twenty-four (24) hours to comply with the requirements of the notice. In the event that the Owner fails to Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 24 of 40

25 comply with the requirements of the notice, the Municipality may enter upon the Lands without further notice and take all necessary corrective work including, if necessary, removal of the construction works in order to restore the Lands to a safe condition. The Municipality will be entitled to charge the total cost of such enforcement including all engineering and legal fees to the Owner who shall pay forthwith upon demand, failing which the Municipality may collect the costs from any security posted with the Municipality and/or add the cost to the tax bill of the Lands, whereupon such amount shall be conclusively deemed as tax arrears and may be collected in the same manner as tax arrears. In the event of default in any obligation of the Owner, the provisions of Section 446 of the Municipal Act, S.O. 2001, and amendments thereto shall apply in addition to any other rights of enforcement that may be available to the Municipality. Should the Municipality be involved in completing any works on behalf of the Owner, arising from a default by the Owner, the following charge back rates shall apply and shall include labour, equipment, and materials as required: a. where Town where Town forces are used, the Town cost times 3.0. b. where the Town retains independent contractors: total invoice cost times 2.0. Note: Where the actual cost to the Municipality exceeds $30, the maximum charge back shall be the actual cost plus the greater of 15% or $15, FORCE MAJEURE: When, and to the extent that, the Owner shall be unable to fulfill, or shall be delayed or restricted in the fulfillment of any obligation under this Agreement by the relevant date in accordance with this Agreement by reason of unforeseen disruption due to strike, lockout, Act of God or as a result of the order or direction of any Court, Board, Administrative Agency, or any government department or authority of competent jurisdiction or other major disruption that restricts the Owner s ability to fulfill such obligation, the date for the fulfillment of the obligation shall, so long as such disruption exists, be stayed from the original date of fulfillment of the obligation, and the remaining time for fulfillment shall be started upon the cessation of the disruption. The Municipality shall not be entitled to compensation, penalty or drawing of any funds from the security held by the Municipality applicable to the obligation during such disruption period. This clause shall not operate where, in the sole discretion of the Municipality, matters of public or private safety are involved, prior corrective work remains outstanding Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 25 of 40

26 which was not remedied within the time required or other emergency circumstances requiring remedial action. 16. OCCUPANCY AND UTILIZATION: No building on the Lands as identified on the Site Plan shall be occupied or used until a Certificate of Occupancy has been issued by the Municipality. Additional occupancy requirements are identified in Schedule F and the Owner shall complete the works identified therein to the satisfaction of the Municipality prior to the issuance of the Certificate of Occupancy. 17. RELEASE OF DEPOSITS AND SECURITIES: The deposit mentioned in Section 6 and the security mentioned in Section 3(e), or any amount remaining, may be released once all obligations under the Site Plan Agreement have been satisfied including, but not limited to, issuance of certification letters, production of As Constructed drawings from the applicable engineering consultants and passage of an authorizing Resolution of Council. Any deposit, or other funds or securities, held by the Municipality will be done so without interest accruing to the Owner and upon release of any deposit to the Owner, same will be returned without interest. 18. REGISTRATION: The parties hereto agree that this Agreement shall be registered upon the title of the Lands at the option of the Municipality and at the Owner's expense. Upon registration, the Agreement shall be deemed to run with and bind the Lands. 19. MORTGAGEE: The Owner represents and warrants that there are no mortgages or other encumbrances registered against or binding the Lands. 20. NOTICE: If any notice is required to be given by the Municipality to the Owner with respect to this Agreement, such notice shall be delivered, mailed or faxed to: OWNER: Ontario Inc. 190 Hotchkiss Street Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 26 of 40

27 Gravenhurst, Ontario L0L 1G0 Fax No: Attention: Douglas Gray Or such other address as the Developer has given the Municipal Clerk in writing. Notice given to the Developer by prepaid registered or ordinary mail shall be deemed to have been delivered on the fifth (5 th ) business day after mailing or on the same day if by fax or prior to 4:00 p.m. on a business day, otherwise on the next following business day. If notice is to be given by the Developer to the Municipality it shall be similarly given and addressed as follows: MUNICIPALITY: Town Clerk The Corporation of the Town of New Tecumseth 10 Wellington Street East Alliston, Ontario L9R 1A1 Fax No clerk@newtecumseth.ca 21. APPLICATION TO COUNCIL: The Owner may request relief from certain provisions of this Agreement by making Application to the Council of the Municipality in writing with reasons for the requested relief. Council for the Municipality will review the request in consultation with such departments, persons or agencies as it deems appropriate and provide its decision by way of Resolution of Council. The decision of Council shall be final and binding upon the parties, subject to any right of appeal under the Planning Act, as amended, or other relevant legislation. A copy of such decision shall be filed with the Municipality's copy of the Agreement. 22. INDEMNITY: Notwithstanding any other provision of this agreement, or any intervening acts or arrangements between the parties, the Owner shall indemnify the Municipality against all actions, causes of action, suits, claims and demands whatsoever, including legal costs of the Municipality on a full indemnity basis, which may arise either directly or indirectly by reason of the Owner undertaking the Development and all related work, save and except any action, cause of action, suit, claim or demand arising from the negligence or wilful conduct of the Municipality or those Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 27 of 40

28 persons for whom the Municipality is in law responsible. The Owner specifically acknowledges that the full legal costs on a solicitor and client basis, including any disbursements and related expenses of the Municipality, will be reimbursed as incurred by the Municipality in the event of any claim being made by virtue of the Owner undertaking the Development and any related work. 23. CONSTRUCTION LIEN ACT: The Owner covenants and agrees that it will hold back in its payments to any contractor who may construct services, facilities or works, such amounts as may be required under the provisions of the Construction Lien Act. The obligation of the Owner to indemnify the Municipality will extend to any matters arising under the Construction Lien Act, or any other claim for unpaid accounts. On demand by the Municipality, the Owner will take such steps as may be necessary to immediately discharge all liens registered upon the Lands or otherwise advanced against the interest of the Owner in relation to the site plan works. 24. WAIVER: The failure of the Municipality at any time to require performance by the Owner of any obligation under this Agreement shall in no way affect its right thereafter to enforce such obligation, nor shall the waiver by the Municipality of the performance of any obligation hereunder be taken or be held to be a waiver of the performance of the same or any other obligation hereunder at any later time. The Municipality shall specifically retain its rights at law to enforce this Agreement. 25. EXTENSION OF TIME: Time shall always be of the essence of this Agreement. Any time limit specified in this Agreement may be extended with the consent in writing of both the Owner and the Municipality, but no such extension of time shall operate or be deemed to operate as an extension of any other time limit, and time shall be deemed to remain of the essence of this Agreement notwithstanding any extension of any time limit. 26. GOVERNING LAW: This Agreement shall be interpreted under and be governed by the laws of the Province of Ontario. Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 28 of 40

29 27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, as the case may be. Wherein this Agreement the context so requires, words in the singular include the plural and words in the plural include the singular and words importing the masculine gender include the feminine and neuter gender. IN WITNESS WHEREOF the individuals have hereunto set their hands and seals and the Municipality has hereunto affixed its Corporate Seals as attested by their proper signing officers in that behalf. THE CORPORATION OF THE TOWN OF NEW TECUMSETH Per: RICK MILNE (MAYOR) Date: Per: CINDY ANNE MAHER (CLERK) Date: WE HAVE AUTHORITY TO BIND THE CORPORATION ONTARIO INC. Per: DOUGLAS GRAY Date: President I HAVE AUTHORITY TO BIND THE CORPORATION. Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 29 of 40

30 SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. DESCRIPTION OF LANDS All and singular that certain parcel or tract of land situate, lying and being in the Town of New Tecumseth, in the County of Simcoe and being composed of: FIRSTLY: Part Lot 12, Plan 126 as in RO , Town of New Tecumseth, as deposited in the Land Registry Office for the Land Titles Division of Simcoe No. 51. (PIN (LT) ), municipally known as 43 Dale Drive, Beeton, Ontario; and SECONDLY: Part Lot 12, Plan 126 as in RO ; Part Lots 10 and 11, North Side Main Street, Plan 126, designated as Part 2 on Reference Plan 51R-26347, Town of New Tecumseth, as deposited in the Land Registry Office for the Land Titles Division of Simcoe No. 51 (PIN (LT)), municipally known as 40 Main Street East, Beeton, Ontario. Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 30 of 40

31 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. SITE CONTROL PLANS AND REPORTS Schedule B to this Agreement is a list of the approved Site Control Plans and Reports as finally approved by the Municipality. They are available for review at the Town of New Tecumseth Municipal Office, 2 nd Floor, Engineering Department, 10 Wellington Street East, Alliston, Ontario, during regular business hours. The Site Control Plans and Reports, together with any amendments approved by the Municipality from time to time, form the basis for this Development and are deemed to be essential terms of this Agreement. The Owner acknowledges, covenants and agrees that the development of the Lands will conform to the standards and recommendations of the hereinafter listed Site Control Plans and Reports. SITE CONTROL PLANS DRAWING No. DRAWING TITLE A100 Site Plan (ISM Architects, January 25, 2017) A200 Floor Plans (ISM Architects, January 25, 2017) A300 Elevations (ISM Architects, January 25, 2017) Cover Page (Pearson Engineering Ltd., received October 27, 2016) ND-1 Notes and Details (Pearson Engineering Ltd., January 13, 2017) ND-2 Notes and Details (Pearson Engineering Ltd., January 13, 2017) SG-1 Site Grading Plan (Pearson Engineering Ltd., January 13, 2017) SS-1 Site Servicing Plan (Pearson Engineering Ltd., January 13, 2017) STM-1 Pre-Development Storm Catchment Plan (Pearson Engineering Ltd., January 13, 2017) STM-2 Post Development Storm Catchment Plan (Pearson Engineering Ltd., January 13, 2017) EP-1 Environmental Protection Plan (Pearson Engineering Ltd., January 13, 2017) Specification Page (Advanced Drainage Systems Inc., received January 25, 2017) 2 of 5 Beeton Condo (Advanced Drainage Systems Inc., March 23, 2016) 3 of 5 Beeton Condo (Advanced Drainage Systems Inc., March 23, 2016) 4 of 5 Beeton Condo (Advanced Drainage Systems Inc., March 23, 2016) 5 of 5 Beeton Condo (Advanced Drainage Systems Inc., March 23, 2016) TP-1 Tree Inventory/Preservation Plan (John D. Bell Associates Ltd., TP-2 January 24, 2016; received February 1, 2017) Tree Preservation Details (John D. Bell Associates Ltd., January 24, 2016; received February 1, 2017) LP-1 Landscaping Plan (John D. Bell Associates Ltd., January 24, 2016; received February 1, 2017) LP-2 Details (John D. Bell Associates Ltd., January 24, 2016; received February 1, 2017) LP-3 Fencing and Paving Details (John D. Bell Associates Ltd., January 24, 2016; received February 1, 2017) LP-4 Lighting Plan (John D. Bell Associates Ltd., January 24, 2016; received February 1, 2017) LP-5 Lighting Plan Details (John D. Bell Associates Ltd., January 24, 2016; received February 1, 2017) Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 31 of 40

32 SITE CONTROL REPORTS Traffic Impact Study (JD Northcote Engineering Inc., October 28, 2016) Functional Servicing Report (Pearson Engineering Ltd., October 2016) Dust Control Plan (Pearson Engineering Ltd., August 31, 2016) Preliminary Noise Assessment (HGC Engineering, September 28, 2015) Geotechnical Investigation (Peto MacCallum Ltd., June 2016) Geotechnical Investigation response to Municipality s Comments, (Peto MacCallum Ltd., November 2, 2016) Tree Appraisal & Report (John D, Bell Associates Ltd., October 24, 2016) NVCA Clearance dated, October 20, 2016 SCHEDULE "B-1" Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 32 of 40

33 NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. SITE PLAN CONTROL DRAWING (SITE PLAN) A full size copy of the Site Plan is lodged with the Town of New Tecumseth, Municipal Office, 2 nd Floor, Engineering Department, 10 Wellington Street East, Alliston, Ontario, and is available for inspection upon request at the Municipal Office during regular business hours. Town/ Ontario Inc Site Plan Agreement (Patterson Park Condo) Page 33 of 40