By-law 2015-37 - Site Plan Agreement with 18095005 Ontario Ltd

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

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Document Text

TOWNSHIP OF SOUTH FRONTENAC BY-LAW NUMBER 2015-37

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 18095005 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 COUNCI, 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 18095005 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 title of the properties described as Part 1, Plan 13R-20389; Part of Lot 19, Concession II, Stomngton 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 TOWNS F SOUTH FRONTENAC

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THIS SITE PLAN AGREEMENT MADE TfflS 7In DAY

OF JULY, 2015. BETWEEN: 18095005 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 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 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 the Owner.

3. The encumbrancer agrees to satisfy all the obligations imposed pursuant to this document if it should enter mto possession of the said land.

4. The following schedules are attached to and form part of this agreement and no new building, stmcture 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 Lauds B.

Site Plan

C. Specification ofCommerciaVIndustrial Entrance

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

6. In addition to the existing warehousing building and industrial/dwelling building and sewage system mantle area as shown on Schedule “B”, the Owner shall 2 construct a 2,690ft industrial mini storage building and manoeuvring areas

located as shown on Schedule “B” and improve access to the Owner’s Land by upgrading the entrance to the standard specified on Schedule “C. 7.

Site development shall include access aisles and manoeuvring areas as shown. The fire route is also shown and it should be noted that there is no additional

requirement for on-site water storage for fire protection. 8.

The access onto Davidson Road is to be constructed to Township specifications as shown on Schedule “C” including the requirement that it be paved with asphalt (note: there is no requirement for a taper as indicated on the Schedule). The required access aisles and manoeuvring areas shown on Schedule “B” are to be surface-treated so as to prevent the raising of dust.

The existing stands of trees and vegetation shown on Schedule “B” along the south portion of the Owner* s Land shall be maintained to provide a visual buffer to the residential uses to the south.

10. 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. 11. 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.

12. 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.
13. In the event that the Owner fails to install or maintain the facilities covered by this

Agreement, then, upon the Chief Buildmg 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 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 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 any security received. 14. 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 respectwe 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

)_^^s ) ‘^iMayor

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LEGAL DESCRIPTION OF LANDS

Part 1, Plan 13R-20386; Part of Lot 19, Concession H, Storrington District, Township of South Frontenac

SCHEDULE «B<? SITE PLAN KWIB

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