Body: Council Type: By-law Meeting: Regular Date: 2013 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2013 By-laws/2013-11 - Site Plan Agreement with 8334692 Canada Inc.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2013-11
BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A REVISED SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND 8334692 CANADA INC.
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: \
- THAT the Mayor and the Clerk are hereby authorized to execute a revised Site
Plan Agreement between the Corporation of the Township of South Frontenac and
8334692 Canada Inc., a copy of which is attached hereto and forms part of this by-
law.
- THAT this By~^aw an^ Agreement shall be registered on title of the property
described as Part Lot 6, Concessions 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 4 I.
Dated at the Township of South Frontenac this fifth day of February, 2013. Read a first and second time this fifth day of February, 2013. Read a third time and finally passed this fifth day of February, 2013. THE CORPORATION OF THE TOWNSHIP
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Gary Davison, Mayor
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f, Clerk-Administrator
THIS SITE PLAN AGREEMENT made this day of February, 2013. BETWEEN:
83334692 CANADA INC. hereinafter called the “Owner” OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSfflP 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 aU of the Township of South Frontenac as a “Site Plan Control Area”; NOW THEREFORE, TfflS 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 encumbrancer in possession and may mean more than one Owner specified in the Certificate of ownership.
- The Owner covenants that the Owner is the Owner in fee simple of the Owner’s lands.
The obligations imposed by this Agreement altect the lands described in Schedule “A” hereto and any restrictive covenants expressed herein run with the land and
bmd successors in title 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
C. Landscaping Plan 5. The Owner shall use the subject land only in accordance with the uses identified in the Urban Commercial Zone (UC-24) and locations identified on Schedule “B” including well and septic system.
6’ Z.hiei?wneLsha11 pl’eyent dama§e being caused to existing public highways, other public works or municipal property in 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 Owner shall ensure that the paved surface of the parking area, manoeuvring
areas and aisles and access way connecting the parking area with William Street as shown on Schedule “B” are maintamed. The Owner shall also maintain the existing hedgerows’ landscaped buffers and tree canopies as shown on Schedule “C”. The access aisle and the entrance onto William Street shall be widened to a
width satisfactory to the Township, within two years of the date of this agreement. 9. In the event of a sale of the improved lands, the owner will assume full 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 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 it’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 the facilities including the repair or reconstruction
of faulty work and the replacement of materials which are not in 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 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 in question. The Owner agrees to permit the Chief Buildmg 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. 12. The Owner covenants and agrees that the lands and premises more particularly described in Schedule “A” annexed hereto may only be used for those purposes specified by Special Urban Commercial Zone (UC-24).
WITNESS the corporate seals of the respective corporate parties hereto, duly affixed under the hands of their respective signing officers, duty authorized in that behalf.
SIGNED, SEALED AND DELFS^ERED ) In the presence of THE CORPORATION OF THE TOWNSHIP OF SOUTH FROT
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SCHEDULE"A" LEGAL DESCRIPTION OF LANDS
Plan 57, Pt BIk C, Ft Lots 3,4: A & D Plan 13R-5611: Part Lot 6, Concession V
Portland District, Municipally Known as 4358 WiUiam Street Vmage of Harrowsmith; Township of South Frontenac
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