Body: Council Type: By-law Meeting: Regular Date: 2012 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2012 By-laws/2012-45 - Site Plan Agreement with Curragh.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2012-45
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THK£fimlQRATION OF ^
THE TOWNSHIP OF SOUTH FRONTONAC AND LEANNE CURRAGH
WHEREAS a Site Plan Agreement has been prepared to the satisfaction of the Township of South Froutenac and signed by the proponent;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY FTS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of South Froatenac and P.M. Snelgrove General Contractors & Engineers, a copy of which is attached hereto and forms part of this by-law.
THAT this By-law and Agreement shall be registered on title of the property described as Part Lot 20, Concession ffl, Storrington District, Township of South Frontenac.
THIS BY-LAW shall come into force and effect in accordance witih section 41 of
the Plaiming 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 seventh day of August 2012. Read a first and second time this seventh day of August, 2012. 1
Read a third time and finally passed this seventh day of August, 2012. THE CORPORATION OF THE
TOWNSHIP OF SOUTH FRONTENAC .^
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GaR<Davison, Mayor
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THIS SITE PLAN AGREEMENT made this 8tb day of August, 2012.
BETWEEN: \
LEANNE CURRAGH hereinafter called the “Owner” OF THE FIRST PART
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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 register it against the title to the Lands pursuant to section 41 of the Planning Act and section 6.17 of the Township of South Frontenac Official Plan;
AND WHEREAS the Municipality has passed by-law No. 2003-25 to designate all of the Township of South Frontenac as a “Site Plan Control Area”; NOW THEREFORE, TOIS 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: “Owner " includes a mortgagee in possession, a tenant in possession pursuant to a leasehold interest, and encumbrancer in possession and may mean more than
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one Owner specified in the Certificate of ownership. .X
I. The Owner covenants that the Owner is the Owner m fee simple of the O’waerf 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 biud successors in tide to the said property as well as the successors and assigns of the Owner.
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 Owner shall use the subject land only m accordance with the uses and locations identified on Schedule “B”.
- The Owner shall prevent damage being caused to existing public highways, other
public works or municipal property in the course offhe development of the said
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lands and shall restore such property to the condition it was prior to the commencement of development.
^l^a^eJi^^T^J?»al^ ?^^t’??Sl^.f.^-p^^n8–^:-as,‘manoeuvring areas and aisles and access way connecting the parking area with the street is maintained. The O^vner shall also maintain the CKisting hedgerow, landscaped buffer and tree canopy as shown on Schedule “B”.
8- Hours of operation oftiie business are limited to 9 A.M. to 6 P.M. Monday to Friday, and 9 A.M. to 5 P.M. on Saturdays.
- In the event of a sale of the unproved lands, the owner will assume full and
complete responsibility for fhe 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 of the 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 Owner, the municipality, through if s employees, agents or contractors, may, without further notice, enter upon the lands and proceed to supply all materials and to do all the necessary inspections and works m connection with fhe facilides mcluding the repair or reconstruction of faulty work and tfae replacement of materials which are not in accordance with
plans or specifications and to charge the cost thereof, together with fhe cost of engineering and any other expenses incurred by the municipality, agamst the Owner. Such entry and work shall not be deemed as acceptance or assumption of said facilities nor an assumption by the Municipality of any liability. It is
expressly agreed that the Owner or any person in possession shall not question the cost incurred by the Municipality for labour, materials or any other costs incidental to do the said work and this provision shall be deemed to operate as an
effective estoppel in judicial proceedings if such costs are challenged or placed m question. The Owner agrees to permit the Chief Building Official, 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 fhis Agreement against fhe said Lands jfrom fhe security.
- The Owner covenants and agrees that fhe lands and premises more particularly described in Schedule “A” aimexed hereto may only be used for those purposes
specified by Special Urban Commercial Zone (UC-23). WITNESS the corporate seals of the respective corporate parties hereto, duly affixed under the hands of their respective signing officers, duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED ) In the presence of THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ^~
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SCHEDULE"A” LEGAL DESCRIPTION OF LANDS
Part Lot 20, Concession III, Storrington District, Municipalty Known as 4157 Perth Road; Township of South Frontenac
SCHEDULE"B” SITE PLAN
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