REPORT #ENG-2017-41 COMMITTEE OF THE WHOLE MEETING JULY 10, 2017 SITE PLAN AGREEMENT - D11-TO-027 1975915 ONTARIO INC. PROPOSED GAS SERVICE STATION 47 & 51 QUEEN STREET SOUTH, TOTTENHAM RECOMMENDATION That Report #ENG-2017-41 be received; And further that the necessary by-law be enacted authorizing the Mayor and Clerk to execute the Site Plan Agreement with 1975915 Ontario Inc. to construct a gas station and convenience store located at 47 & 51 Queen Street South, in the Community of Tottenham, substantially in the form of Attachment No. 3 to Report #ENG-2017-41, all subject to the Town Solicitor's clearance. OBJECTIVE This report is submitted to seek Council's approval to execute a Site Plan Agreement between the Town of New Tecumseth and 1975915 Ontario Inc. to construct a gas station and convenience store at 47 & 51 Queen Street South, in the Community of Tottenham. BACKGROUND On September 29, 2014, D. G. Biddle and Associates on behalf of their client, Petrogold Inc., submitted a Site Plan Application (D11-TO-027) for a proposed gas station and convenience store located at 47 & 51 Queen Street South, in the Community of Tottenham. A location plan is included as Attachment No. 1. The Engineering Department provided final comments to the Applicant on January 12, 2017 acknowledging that there were no further comments. During the preparation of the Site Plan Agreement it was discovered that the owner of the subject lands had changed since the site plan application was received. 47 Queen Street South and 51 Queen Street South were under the ownership of two separate numbered companies. In order to facilitate the site plan agreement, and following correspondence between Town Staff, the Owner's consultant, the Owner's Solicitor, and the Town Solicitor, it was determined that the two numbered companies would be amalgamated into one company, 1975915 Ontario Inc; and as a result of the corporate amalgamation, title to the two (2) parcels would merge into one.
Report #ENG-2017-41, July 10, 2017 On June 7, 2017, Staff received confirmation from the Town Solicitor that the concern regarding the ownership of the lands has been resolved and the Site Plan Agreement could proceed. COMMENTS AND CONSIDERATIONS The Owner, 1975915 Ontario Inc., proposes to construct a gas station and convenience store located at 47 & 51 Queen Street South, in the Community of Tottenham. Site Description The existing site is located at the southeast corner of the intersection of Queen Street South and Dillane Street East. The properties are generally rectangular in shape and approximately 0.12 hectares in total area as illustrated on Attachment No. 1. The site is bound by residential to the north and east, and commercial to the south and west. The 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 December 19, 2016, have confirmed the lands are zoned Urban Highway Commercial- Exception ('UHC-5') Zone to Schedule 'C' of Zoning By-law No. 2014-126. Per the Planning Department's memorandum, all outstanding planning concerns as they relate to the Town Zoning By-law have been addressed. 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 have advised all urban design comments have been satisfactorily addressed. Water Servicing The proposed gas station and convenience store will be serviced from an existing 150mm diameter watermain located within the Queen Street South right-of-way. The existing water line servicing 51 Queen Street South is proposed to be removed and replace with a 50mm diameter domestic water line complete with a curb stop at the property line. The existing water service for 47 Queen Street South is proposed to be decommissioned and removed from the right-of-way. Sanitary Servicing Page 2 of 29
Report #ENG-2017-41, July 10, 2017 The proposed gas station and convenience store will be serviced by a 200mm diameter sanitary sewer located within the Queen Street South right-of-way. The existing underground sanitary service for 51 Queen Street South is proposed to be removed and replaced by a 150mm diameter sanitary service with an inspection maintenance hole located at the property line. The existing sanitary service for 47 Queen Street South is proposed to be decommissioned and removed from the right-of-way. Stormwater Management Under the existing conditions, storm runoff generally flows overland to the north and west and into the municipal right-of-ways. A portion of the runoff also flows to adjacent lands to the east with all stormwater eventually making its way to the municipal underground storm sewer system. The proposal intends to direct the minor storm runoff underground prior to entering into the right-of-way. Major storm runoff will flow overland to the Dillane Street East and Queen Street South right-of-ways. A small portion along the east side of the site will continue to flow uncontrolled to adjacent lands but the amount of flow will be reduced from the existing condition. Directing storm flow underground rather than sheet flowing overland onto the right-of-way will have a net benefit in terms of quantity control. Quality control will be provided by a proposed Oil and Grit Separator (OGS) located on the subject property. Street and Site Illumination Plan The Applicant's consultant completed a Site Lighting Photometric 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 provide certification from the lighting designer confirming the lighting installed is in conformance with the accepted Site Photometric Plan. Noise Impact Assessment A Noise Assessment Report has been submitted for the proposed development. The report was provided to Aercoustics Engineering Limited for peer review. On November 20, 2015, the peer reviewer confirmed the overall approach to the noise analysis regarding the HVAC unit located in the back of the proposed convenience store building is appropriate, however, additional discussion on potential noise sources at the gas bar canopy should be provided. On May 3, 2016, following an additional site plan submission, confirmation from Aercoustics was received stating the updated report appropriately discusses the noise sources at the gas bar canopy. Road Widening and Daylight Triangle The following daylight triangle and road widenings are required in accordance with the Town's Official Plan and Engineering Standards: Page 3 of 29
Report #ENG-2017-41, July 10, 2017 A 1.6m road widening along the Dillane Street East A 3.0m road widening along Queen Street South A 4.5m by 4.5m daylight triangle at Queen Street South and Dillane Street East. The proponent has agreed to provide the above noted conveyances, and the conveyances are set out in Schedule "D" of the agreement. Access and Parking Through minor variance applications A10/14 and A11/14 the number of required parking spaces for this development was reduced from eight (8) to six (6). The site proposes to have six (6) parking spaces, of which one (1) is proposed to be barrier free. As such, the parking requirements are satisfied for this site. Full movement site access will be provided by a 7.5m wide entrance from Queen Street South and a 7.5m wide entrance from Dillane Street East. The Traffic Study prepared for this development supports the proposed access configuration. The truck providing bulk fuel delivery is proposed to enter through the Dillane Street East driveway and exit through the Queen Street South driveway. The bulk fuel supplier has provided a letter confirming the proposed delivery schematic is consistent with the vehicles that will be used to service the site. Haul Route The Agreement designates the haul route the Owner is to follow during the course of construction activities. The haul route from the site has been identified as south on Queen Street South. Construction truck traffic is not permitted on Dillane Street East, east of the site or on Queen Street South, north of the site. 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 within the Municipality 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. The Owner is required to abide by the approved haul route and will be subject to liquidated damages in the amount of $500.00 for each documented breach of the haul route. 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 The Owner was not required to provide an Arborist's report as there were no trees identified as being impacted by the proposed development. Department Circulation Page 4 of 29
Report #ENG-2017-41, July 10, 2017 The Applicant provided a final submission of reports and drawings in support of the proposed development and no comments were raised following department circulation. Site Plan Agreement A Site Plan Agreement between the Town and 1975915 Ontario Inc. has been prepared and circulated to the Owner, the Town Solicitor, and Town Departments. All comments to date are reflected in the Agreement. The substantially completed Site Plan Agreement, attached hereto has Attachment No.3, is submitted to Council for their consideration. FINANCIAL CONSIDERATIONS The construction and site works are to be carried out at the Owner's expense. 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 $ NIL since the credit for the building being removed exceeds the charge for the canopied gas bar area. Cash-in-lieu of Parkland is $ NIL. The proposal does not meet the definition of Development per the Parkland Conveyancing Policy Bylaw 2015-146. Tree compensation per Town By-law 2008-123 is $ NIL. There are no trees proposed for removal. 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 $14,800.00 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 $2,500.00 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 $2,612.00. Respectfully submitted: Mike Ip, C.E.T. Engineering Coordinator Attachments: Page 5 of 29
Report #ENG-2017-41, July 10, 2017 A1-LocationPlan A2-SitePlan A3-20170704-DRAFT-SPA Approved By: Department: Status: Rick Vatri, C.E.T. Engineering Approved - 05 Jul 2017 Mark Sirr, CPA, CMA Finance Approved - 06 Jul 2017 Blaine Parkin, P. Eng. CAO Approved - 06 Jul 2017 Page 6 of 29
Attachment No. 1 47 & 51 Queen Street South, Tottenham Location Map 16 12 8 4 18 22 19 23 4 8 10 12 16 µ 15 21 RICHMOND STREET WEST RICHMOND STREET EAST 13 11 7 3 1 26 28 25 3 5 7 11 15 17 36 31 14 8 4 38 37 2 4 6 8 10 12 14 16 42 41 DILLANE STREET WEST DILLANE STREET EAST 50 47 1 3 5 7 9 11 13 15 23 19 54 60 64 66 QUEEN STREET SOUTH 51 SUBJECT PROPERTIES 22 24 26 70 55 20 4 2 18 74 6 RODCLIFF ROAD 80 14 16 81 3 86 21 ROGERS ROAD 15 7 94 99 3 5 7 9 11 13 14 16 18 0 12.5 25 50 75 100 M 1:1,500 Page 7 of 29
Page 8 of 29 Attachment No. 2
THE CORPORATION OF THE TOWN OF NEW TECUMSETH SITE PLAN AGREEMENT B E T W E E N: THIS AGREEMENT made this 4 th day of July, 2017, THE CORPORATION OF THE TOWN OF NEW TECUMSETH (hereinafter called the MUNICIPALITY ) OF THE FIRST PART - and - 1975915 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 gas station and convenience store 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 Mortgagees currently shown on title, will be discharged immediately after the registration of this Agreement and that there are no other mortgages, charges, liens, claims or other encumbrances registered against or otherwise binding the lands that will be in priority to this Agreement; AND WHEREAS the Owner warrants that any new financing will be by way of a mortgage or mortgages registered after the within Site Plan Agreement so that the herein Site Plan Agreement will be in priority; 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/1975915 Ontario Inc. - 1 - Site Plan Agreement (Gas Station) Page 9 of 29
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/1975915 Ontario Inc. - 2 - Site Plan Agreement (Gas Station) Page 10 of 29
(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 $14,800.00 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/1975915 Ontario Inc. - 3 - Site Plan Agreement (Gas Station) Page 11 of 29
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/1975915 Ontario Inc. - 4 - Site Plan Agreement (Gas Station) Page 12 of 29
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 22. 9. 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/1975915 Ontario Inc. - 5 - Site Plan Agreement (Gas Station) Page 13 of 29
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. If the owner has failed to execute the Agreement and paid all applicable fees and securities within ninety (90) days of the passing of the by-law authorizing the Municipality to enter into a Site Plan Agreement, this Agreement may be terminated and declared null and void by the Municipality at its sole option and on thirty days notice to the Owner. Town/1975915 Ontario Inc. - 6 - Site Plan Agreement (Gas Station) Page 14 of 29
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 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 $30,000.00 the maximum charge back shall be the actual cost plus the greater of 15% or $15,000.00. 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 Town/1975915 Ontario Inc. - 7 - Site Plan Agreement (Gas Station) Page 15 of 29
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 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, submission of a statutory declaration detailing the works paid for within Municipal lands and the Municipal right-of-way, 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 acknowledges that no building permit or site works will be permitted until such time as the mortgages currently registered against the Lands have Town/1975915 Ontario Inc. - 8 - Site Plan Agreement (Gas Station) Page 16 of 29
been discharged and any new mortgages will be registered subject to the within Site Plan Agreement so that the Town s Site Plan Agreement will have priority. 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: 1975915 Ontario Inc. c/o Nimalan Somasundaram 27 Maurier Boulevard Maple, Ontario L6A 0T9 E-Mail: s_nimalca@yahoo.ca 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 e-mail 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. 705-435-2873 E-Mail: 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. Town/1975915 Ontario Inc. - 9 - Site Plan Agreement (Gas Station) Page 17 of 29
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 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. Town/1975915 Ontario Inc. - 10 - Site Plan Agreement (Gas Station) Page 18 of 29
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. 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. Town/1975915 Ontario Inc. - 11 - Site Plan Agreement (Gas Station) Page 19 of 29
1975915 ONTARIO INC. Per: Nimalan Somasundaram President Date: Per: Muguntharajah Nadarajah - Secretary/Treasurer Date: I HAVE AUTHORITY TO BIND THE CORPORATION. Town/1975915 Ontario Inc. - 12 - Site Plan Agreement (Gas Station) Page 20 of 29
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 25, East Side of Queen Street, Plan 314, being Part 1 on Plan 51R-16400, former Village of Tottenham, now in the Town of New Tecumseth; municipally known as 51 Queen Street South, Tottenham, Ontario, PIN 58168-0054 (LT); and SECONDLY: Part of Lots 24 and 25, East Side of Queen Street, Plan 314, as in RO1015995 and as in SC950861, former Village of Tottenham, now in the Town of New Tecumseth, municipally known as 47 Queen Street South, Tottenham, Ontario, PIN 58168-0052 (LT). Note: The Owner hereby acknowledges, covenants and agrees to undertake a PIN consolidation once the Site Plan Agreement has been registered and new financing put in place. The Owner will advise the Town once the PIN consolidation has been completed together with the information related to the PIN consolidation. Town/1975915 Ontario Inc. - 13 - Site Plan Agreement (Gas Station) Page 21 of 29
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 Cover Sheet (D.G. Biddle & Associates) SP-1 Site Plan (D.G. Biddle & Associates, July 14, 2016) SS-1 Site Servicing Plan (D.G. Biddle & Associates, July 14, 2016) SG-1 Site Grading Plan (D.G. Biddle & Associates, July 14, 2016) ES-1 Erosion and Sediment Control Plan (D.G. Biddle & Associates, SD-1 July 14, 2016) Pre-Development Drainage Area Plan (D.G. Biddle & Associates, April 13, 2016) SD-2 Storm Drainage Area Plan (D.G. Biddle & Associates, April 13, 2016) TT-1 Truck Turning Plan (D.G. Biddle & Associates, April 13, 2016) D-1 Pylon Sign and Canopy Detail (D.G. Biddle & Associates) L-TP1 Tree Preservation Plan (Henry Kortekaas & Associates, October 7, 2015) L-L1 Landscape Plan (Henry Kortekaas & Associates, October 7, L-D1 2015) Details ( Specification Page (Advanced Drainage Systems Inc., received October 27, 2016) A401 Existing Building Elevations (D.G. Biddle & Associates, April 13, 2016) A402 Proposed Demolition (D.G. Biddle & Associates, April 13, 2016) A403 Proposed Building Elevations (D.G. Biddle & Associates, April 13, 2016) Plan 51R- Draft R-Plan (Eplett Worobec Raikes Surveying, June 29, 2015) SITE CONTROL REPORTS Traffic Impact Study (Tranplan Associates, June, 2014) Traffic Letter (Tranplan Associates, December 1, 2015) Traffic Letter (Tranplan Associates, November 7, 2016) Stormwater Management Letter/Report (D.G. Biddle & Associates, June 2, 2015) Dust Control Plan (D.G. Biddle & Associates, November 8, 2016) Noise Assessment (Aiolos Engineering, September 10, 2015) Fuel Delivery Letter (Frew Liquid Transfer, June 30, 2016) Town/1975915 Ontario Inc. - 14 - Site Plan Agreement (Gas Station) Page 22 of 29
SCHEDULE "B-1" 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/1975915 Ontario Inc. - 15 - Site Plan Agreement (Gas Station) Page 23 of 29
SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. LIST OF DEVELOPMENT LEVIES, AND OTHER CHARGES TO BE COMMUTED BY THE OWNER Payment of Development Levies and Charges as follows: (a) Development Charges: Development charges are NIL since the credit for the building being removed exceeds the charge for the canopied gas bar area. The applicable development charge rates will be those in effect on the date of building permit issuance. (b) Cash-in-lieu of Parkland Cash-in-lieu of Parkland is $ NIL. The proposal does not meet the definition of Development per the Parkland Conveyancing Policy By-law 2015-146. (c) Security Deposit Pursuant to Subsection 3 (e) of the Site Plan Agreement; the required Letter of Credit or cash security to cover the faithful performance of the Owner s obligations is $14,800.00. The calculated amount is based on $40,000.00 per hectare to a maximum of $120,000.00. 0.12 ha x $40,000.00/ha = $4,800.00 An additional security of $10,000.00 is required for each utility cut within the Municipal right-of-way. Based on the proposal, one (1) right-of-way cut will be required and as such, an addition security of $30,000.00 is required. 1 x $10,000.00/utility cut = $10,000.00 (d) Tree Compensation Tree compensation per Town By-law 2008-123 is $ NIL. Trees are not proposed for removal. Town/1975915 Ontario Inc. - 16 - Site Plan Agreement (Gas Station) Page 24 of 29
SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. LIST OF EASEMENTS AND LANDS TO BE CONVEYED TO THE MUNICIPALITY The Owner will convey to the Municipality the following road widenings and daylighting triangles, as shown on the Site Plan listed in Schedule B a) An approximately 1.6m wide strip of land along the south side of Dillane Street East, being Part 1 on R-Plan 51R-40559; b) An approximately 3.0m wide strip of land along the east side of Queen Street South, being Parts 3 and 4 on R-Plan 51R-40559; and, c) An approximately 4.5m by 4.5m daylight triangle at the southeast corner of Queen Street South and Dillane Street, being Part 2 on R-Plan 51R- 40559. The Owner further agrees the conveyances to the Municipality will be free and clear of all encumbrances and at the expense of the Owner, including the cost of the preparation and registration of a reference plan of survey. Town/1975915 Ontario Inc. - 17 - Site Plan Agreement (Gas Station) Page 25 of 29
SCHEDULE "E" NOTE: It is understood and agreed that this Schedule forms part of the Town of New Tecumseth Site Plan Agreement. FURTHER TERMS FORMING PART OF THIS AGREEMENT 1. The Owner agrees to provide the following record 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 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 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 stormwater 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 south from the subject property on Queen Street South. No construction truck traffic will be permitted on Dillane Street east of the subject property or on Queen Street north of the subject property. The haul route cannot be amended, changed or altered in any way without written authorization from the Municipality. The Owner together with its Town/1975915 Ontario Inc. - 18 - Site Plan Agreement (Gas Station) Page 26 of 29
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 in the Municipality, 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, subcontractors, or designates; or In the event of not being able to provide such evidence, to pay the sum of $500.00 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 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) 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 Town/1975915 Ontario Inc. - 19 - Site Plan Agreement (Gas Station) Page 27 of 29
(vii) 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 2002-151; (b) Reduced Load Limit By-Law 2013-028; (c) Open Air Burning By-Law 2006-097; (d) Tree Preservation and Compensation By-Law 2008-123 (e) Noise Control By-Law 2011-101; and (f) Municipal Addressing By-Law 97-62 12. 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. 13. 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 plan application have been signed accepted for site plan purposes by Staff. 14. The Owner acknowledges that it has been made aware of the Watermain Protocols for Development and Capital Works and that a copy of the protocol has been provided to their contractor. 15. The Owner acknowledges that advance notice of at least three (3) business days must be provided to the Engineering Department and a Road Occupancy Permit from the Public Works Department be obtained prior to any works taking place within the Municipal right-of-way. Town/1975915 Ontario Inc. - 20 - Site Plan Agreement (Gas Station) Page 28 of 29