2012-50 - Site Plan Agreement with Terry Grant

Body: Council Type: By-law Meeting: Regular Date: 2012 Collection: By-laws Municipality: South Frontenac

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Document Text

TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2012-50

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND TERRY GRANT.

WHEREAS a revised Site Plan Agreement has been prepared to the satisfaction of the Township of South Frontenac and signed by the proponent; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH

FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.

THAT the Mayor and the Clerk are hereby authorized to execute a Site Plan Agreement between the Corporation of the Township of South Frontenac and Terry Grant, a copy of which is attached hereto and forms part of this by-law.

2. THAT this By-law and Agreement shall be registered on titie of the property described as Part 1 of Plan 13R-19528: Part Lot 6, Concession V, 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 seventh day of August, 2012. Read a first and second time this seventh day of August, 2012.

Read a third time and finally passed this seventh day of August, 2012. THE CORPORATION OF THE TH FRONTENAC

TOWNSHIP s

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TfflS SITE PLAN AGREEMENT made this tenth day of August, 2012. BETWEEN: TERRY GRANT

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 Owner is the registered owner in fee simple of certain lands described in Schedule “A”, attached hereto, located in the Township of South Frontenac (the “Owner’s Land”);

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. 2003-75 to designate all 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)

“Owner” includes a mortgagee in possession, 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.

1. The Owner covenants that the Owner is the Owner in fee simple of the Owner’s land.

2. The obligations imposed by this Agreement affect the land 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 fhe Owner.

3. The eacumbraacer sprees to satisfy all the obligations imposed pursuant to this document if it should enter into possession of the said land.

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 land except in accordance with the attached schedules which consist of:

A. Legal Description of Lands B.

Site Plan

C. Commercial/Truck Access Design

5> ^?^!r^lp^or^.a11 the wor^ a?d pr.ovi?e all.the materials necessary for the construction of facilities as specified on the Site Plan, noted on Schedule “B” to this Agreement. Such work shall be folly completed no later thmitwo years

from the date of signing the Agreement (“known as the completion date”).

6 ^^-^-^^conunercialplazabuil^accessory^e

building with associated parking and septic area generally as shownonlchedule

“B”. Site development shall include access, parking, loadmgand manoeuvrmg areas that are paved with asphalt, garbage enclosures and other assocTated shown on Schedule “B”.

uses as

7. Planting strips shall be located at the frontofthe parcel and along a portion of the

north lot line as shown on Schedule"B". These planting strips s£dl be landscaped

areas not built upon and shall mclude at least one hedgerow of hardy shrubTnS

less than 0.3 metres in height at the time of planting and not less to one (i) “^re. ^e?gh1S whTn ^ully.grown- In addition coniferous trees shall be planted

and maintamed m the locations shown on Schedule “B” at the entrance to~the

subject land and along the north boundary at the distances specified7such

plantmgs shall be Pyramid Pine or similar species with a mmimum of 1.8 metres in height. Coniferous Norway Maple or similar species shall also be installed shown and shall be maintained.

8. The access onto Road #38 is to be maintained to Township specifications as

sho^on Schedule “C” to this Agreement. ^ access area is to be paved with

asphalt and an entrance permit shall be obtained from the Roads Department.

9* Thle,?wne^sha11 prcvent damage being caused to existing public highways, other public works or municipal property in the course of development of the lands;

10. Stormwater shall be directed as indicated (by arrows) on Schedule “B” with

ditching along the south boundary of the subject lot. Post-development

stormwater flows shall not exceed pre-deyelopment flows in terms of water quality and quantity.

11. Lighting shall be installed at the locations indicated on Schedule “B” and all

lighting shall be directed downwards so as to mitigate light pollution on

neighbourmg lands.

12. Three bamer-^free parking spaces shall be provided in addition to the regular

requu-ed parking spaces. The location of the barrier-free parking spaces’shall be as shown on Schedule “B”.

13. In the event of a sale of the improved lands, the new Owner will assume fiill and

complete responsibility for the continuing obligations under this Agreement. The enforcement of this Agreement is the responsibility of the Municipality.

14. The Agreement shall be registered agamst 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.

15. In the event tfiat the Owner fails to install or maintain the facilities covered by this Agreement, then, upon die Chief Building OfGcial or designate, givmg seven days written notice by pre-paid registered mail to the Owners, the municipality, through it’s employees, agents or contractors, may, without further notice; enter

^on&e lands and proceed to supply all matena^s and to do all the necessary inspections and works in comiection with the facilities including the repair or

as

reconstruction of faulty work and the replacement of materials which are not in

accordance wilfa plans or specifications and to charge the cost thereof, together

with the cost of engineering and any other expenses incurred by the mmucipality, against 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 Owners 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 in question. The Owners agree 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 this Agreement against the said Lands from the security.

16. The Owner covenants and agrees that the lands and premises more particularly described m Schedule “A” annexed hereto may only be used for those purposes specified in the Special Urban Commercial Zone (UC-20).

WITNESS the corporate seals of the respective corporate parties hereto, duty 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 1, Plan 13R-19528; Part of Lot 6, Concession V, Portland District, Township of South Frontenac

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