Body: Council Type: By-law Meeting: Regular Date: 2011 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2011 By-laws/2011-47 Revised Site Plan Agreement-Constance and Wayne Selle.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2011-47
BEIJNGABY;LAWTO.AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTEAREVISED SITE PLAN AGREEMENT BETWEEN-THE CORPORATION OF THE TOWNSfflP OF SOUTH FRONTENACAND CONSTANCE AND WAYNE SELLE.
WHEREAS a revised Site Plan Agreement has been prepared to the satisfaction of the Township of South Frontenac and signed by the proponent;
NPW-THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT the Mayor and the Clerk are hereby authorized to execute a revised Site
Plan Agreement between the Co,poration of the To^ship of South Frontenac and Constance and Wayne Selle, a copy of which is attached hereto and forms part of this by-law.
THAT this By-law and Agreement shall be registered on tide of the property described as Part Lot 1, Concession ffl, Portland District, Township of South Frontenac.
THIS BY-LAW shall come into force and effect in accordance with section 41 of
the Planning Act 1990, either upon the date of passage or as otherwise provided by the said section 41.
Dated at the Township of South Frontenac this second day of August, 2011. Read a first and second time this second day of August, 2011. Read a third time and finally passed this second day of August, 2011. THE CORPORATION OF THE TOWNSmP S^CTH FRONTENAC
^
Gary Davison, Mayor
lerk-Administrator
TfflS SITE PLAN AGREEMENT made this 4th day of August, 2011.
BETWEEN:
WAYNE AND CONSTANCE SELLE hereinafter called the “Owner” OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC hereinafter called the “Municipality” OF THE SECOND PART
WHEREAS the Owners are the registered owners in fee simple of certain lands
described in Schedule “A”, attached hereto, located in the Township of South
Frontenac (the “Owners’ Lands”);
AND WHEREAS the Municipality is authorized to enter into this agreement and
^k^.l^^a^s!^-d?eJot?^L^ds!?,u^uanttose?^?n.4-l_ofthe’PIaDnm8Act and section 6.17 of the Township of South Frontenac Official Plan;
AND WHEREAS the MynicipaUty has passed by-law No. 2003-25 to designate aU of the Township of South Frontenac as a “Site Plan Control Area”;
NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of
the mutual covenants and agreements contained herein, the parties agree each with the other as follows:
In this Agreement:
a) “Owners” include a mortgagee inpossession, a tenant in possession pursuant to a leasehold interest, and encumbancer in possession and may mean more than one Owner specified in the Certificate of ownership.
The Owners covenant that the Owner is the Owner in fee simple of the Owner’s lands.
The obligations imposed by this Agreement affect the lands described in Schedule “A” hereto and any restrictive covenants expressed herein run with the land and
bind successors in title to the said property as well as the successors and assigns of the Owners.
The encumbrancer agrees to satisfy all the obligations imposed pursuant to this document if it should enter into possession of the said lands.
The following schedules are attached to and form part of this agreement and no new building, structure or other facility shall be erected, altered or placed on the said lands except in accordance with the attached schedules which consist of: A. Legal Description of Lands B.
Site Plan
- The Owners shall use the subject land only in accordance with the uses and
locations identified on Schedule “B” with future site development to include an expansion of the sawmill in the area shown. Access aisles, parking, outdoor storage and manoeuvring areas shall also be maintained.
6. The Owners shall prevent damage being caused to existing public highways, other public works or municipal property m the course of the development of the said
lands and shall restore such property to the condition it was prior to the commencement of development.
- The Owners shall ensure that parking areas, manoeuvring areas and aisles and access ways connecting the parking area with the street are maintained with a
stable surface, which is treated so as to prevent tfae raismg of dust. 8. Hours of operation of the sawmUl are limited to 7 A.M. to 7 P.M. Monday to Friday, and 8 A.M. to 12 Noon on Saturdays. 9.
In the event of a sale of the improved lands, the owner will assume fall and
complete responsibility for the continuing obligations under this Agreement. The enforcement of this Agreement is the responsibility of the Municipality. 10. The Agreement shall be registered against the title of the Lands and the
Municipality shall be entitled to enforce its provisions against the Owner and any and all subsequent owners oftfae Lands.
- In the event that the owner fails to install or maintain the facilities covered by this Agreement, then, upon the Chief Building Official or designate, giving seven days written notice by pre-paid registered mail to the Owners, fhe municipality, through it’s employees, agents or contractors, may, without fturtber notice, enter upon the lands and proceed to supply all materials and to do all the necessary inspections and works in connection with the facilities including the repair or reconstruction of faulty work and the replacement of materials which are not m accordance with plans or specifications and to charge the cost thereof, together
with the cost of engineering and any other expenses incurred by the municipality, against the Owner. Such entry and work shall not be deemed as accqrtance or assumption of said facilities nor an assumption by the Municipality of any liability. It is expressly agreed that the Owners or any person, in possession shall
not question the cost incurred by the Municipality for labour, materials or any other costs mcidental to do fhe said work and this provision shall be deemed to
operate as an effective estoppel in judicial pioceedmgs if such costs are challenged or placed in question. The Owner agrees to permit the Chief Building OfBcial, or agent, to enter onto the Lands at any time to inspect the work. The Municipality may perform any of the required services and collect the cost for the enforcement of this Agreement against the said Lands from the security.
- The Owners covenant and agree that the lands and premises more particularly described m Schedule “A” annexed hereto may only be used for fhose purposes specified by Zoning Amendment By-laws No. 2004-35 and 2004-72. WITNESS the corporate seals of the respective corporate parties hereto, duty affixed under the hands of their respective signing officers, duty authorized in that
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behalf.
cO^^^L^
SIGNED, SEALED AND DELIVERED ) In the presence of
CJ^LH^^fe-»<-<L^ ^^£ui^. THE CORPORATION OF THE
TOWNSHIP OF SOUTH FRONTEN
ON^^
va»^/ Clerk
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SCHEDULE"A" LEGAL DESCRIPTION OF LANDS
Part 3, Reference Plan 13R-20080, Lot 1, Concession III, Portland District, Township of South Frontenac
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