By-law 2015-36 - Site Plan Agreement with 2182987 Ontario Ltd

Published January 1, 2015

Word Count 2234 words

Reading Time 11 min read

Body: Council Type: By-law Meeting: Regular Date: 2015 Collection: By-laws Municipality: South Frontenac

[View Document (PDF)](/docs/south-frontenac/By-laws/2015 By-laws/By-law 2015-36 - Site Plan Agreement with 2182987 Ontario Ltd.pdf)

Document Text

TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2015-36

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO

EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION O THE TOWNSHIP OF SOUTH FRONTENAC AND 2182987 ONTARIO LIMITED.

WHEREAS a 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 Site Plan Agreement between the Corporation of the Township of South Frontenac and

2182987 Ontario Limited, a copy of which is attached hereto forming part of this by-law.

THAT this By-law and Agreement shall be registered on tide of the properties described as Part 1, Plan 13R-19162; Part of Lot 6, Concession VII, 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 July, 2015. Read a first and second time this seventh day of July, 2015.

Read a third time and finally passed this seventh day of July, 2015. THE CORPORATION OF THE F SOUTH FRONTENAC

TOWNS ^

./.'

Ron Vandewal, THayor

erk-Administrator

HART:. ;OTON EQUIPMENT

THIS SITE PLAN AGREEMENT MADEth TMS 7" DAY

OF JULY, 2015. BETWEEN: 2182987 ONTARIO LIMITED 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. 2003-25 to designate all of the Township of South Frontenac as a “Site Plan Control Area”; NOW THEREFORE, THIS AGREEMENT WTTNESSETH 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.

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

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 the Owner.

The encumbrancer agrees to satisfy all the obligations imposed pursuant to this document if it should enter into possession offfae 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

5. The Owner shall perform all the work and provide all the materials necessary for the construction of a new facility addition and any required fencing, aisles and manoeuvring areas, entrance improvements and plantings as specified on the Site Plan, Schedule “B” to this Agreement.

In addition to the existing showroom/shop, oufbuildings parking area and loading ramp as shown on Schedule2"B”, the Owner shall demolish an existing building and construct a 715.44m. addition to the existing showroom/shop building as shown on Schedule “B” .
Site development shall include fire access routes, parking, access aisles and manoeuvring areas as shown as on Schedule “B” as well as lighting and signage as indicated.
The access onto Road 38 shall remain as shown on Schedule t(B" and the existing paved access including paved parking areas shall be maintained. The required access aisles and manoeuvring areas shown on Schedule “B” are to be surfacetreated so as to prevent the raising of dust.

Fire routes shall be as shown on Schedule “B”. Note, there is no additional requirement for on-site water storage for fire protection.

The existing stands of trees and vegetation that exist on the Owner’s land along the eastern lot boundary and along the south boundary along Jamieson Road shall be maintained to provide a visual buffer to nearby residential uses.
The Owner shall prevent damage being caused to existing public highways, other public works or municipal property in the course of development of the lands.
In the event of a sale of the improved lands, the new 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. 13. 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 Owners, 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 in connection with the facilities includmg the repau- 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 ofhei 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 tfae 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 tune 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 any security received.

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 in Comprehensive Zoning By-law No. 2003-75.

WITNESS the corporate seals of the respective corporate parties hereto 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

‘^f ^layor

Cler^

SCHEDULE “A” LEGAL DESCRIPTION OF LANDS

Part 1, Plan 13R-19162; Part of Lot 6, Concession VU, Portland Dish-ict, Township of South Frontenac

SCHEDULE “B” SITE PLAN gu-«i

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