Body: Council Type: By-law Meeting: Regular Date: 2016 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2016 By-laws/By-law 2016-63 - Site Plan Agreement for Con III, Pt Lot 5, Loughborough (Snider).pdf)
Document Text
TOWNSHIPOF SOUTHFRONTENAC
BY-LAWNUMBER2016-63 BEINGA BY-LAWTO AUTHORIZETHE MAYORANDTHE CLERKTO EXECUTEA SITEPLANAGREEMENTBETWEENTHE CORPORATIONOF THE TOWNSHIPOF SOUTHFRONTENACANDPERCYSNIDER. WHEREAS a Site Plan Agreement has been prepared to the satisfaction ofthe Township of South Frontenac and the proponent;
AND WHEREASthe Ownershavesignedthe site planagreement;
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENACBY ITS COUNCIL,HEREBYENACTSAS FOLLOWS: 1.
T&AT die Mayor and the Clerk are hereby authorized to execute a Site Plan
Agreement between the Corporation of the Township of South Frontenac and Percy Snider, a copyofwhichis attachedhereto forming part ofthis by-law. 2.
THAT this By-law and Agreement shall be registered on title of the property described as Part 1 on Plan 13R-21331; in Lot 5, Concession HI, Loughborough District, TownshipofSouthFrontenac.
THIS BY-LAW shall come mto 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 ofSouthFrontenacthis eighteenth day ofOctober, 2016. Read a first and secondtime this eighteenth day ofOctober, 2016, Read a third time and finally passed this eighteenth day of October, 2016.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
lerk-Administrator
THIS SITE PLANAGREEMENT made this
day
of October, 2016.
BETWEEN: PERCYHARRY SNTOER hereinafter called the “Owner”
OFTHE FIRSTPART -aud-
THE CORPORATIONOF THE TOWNSHIPOF SOUTHFRONTENAC 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", attachedhereto, located in the Township ofSouth Frontenac (the “Owners’ Land”);
ANDWHEREASthe Municipality is authorizedto 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”;
NOWTHEREFORE,TfflS AGREEMENTWITNESSETHthat in consideration of the mutual covenants and agreements contained herein, the parties agree eachwith the other as follows:
In this Agreement:
a)
“Owner” includes a mortgagee in possession, a tenant in possession pursuant to a leaseholdinterest, andencimbancer inpossessionandmay meanmore than one Owner specified in the Certificate ofownership.
The Owner covenants that the Owneris the Ownerin fee simple ofthe 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
bindsuccessorsintitle to thesaidproperty aswell asthe successorsandassigns of the Owner.
The encumbrancer agreesto satisfy all the obligations imposed pursuant to this document if it should enter into possession ofthe said land.
The following schedules are attached to mid form part ofthis agreement and no new building, structure or other facility shall be erected, altered or placed on the saidland exceptin accordancewiththe attachedscheduleswhichconsistof: A.
LegalDescriptionofLands
B. C.
Site Plan Specification for CommerciaI/Industrial Entrance
5.
The Ownershall perform all thework andprovide all the materialsnecessary for the construction ofthe new facilities and access ways and any required fencing and landscaping as specified on the Site Plan, included as Schedule “B” to this Agreement.
The Owner shall construct a 465 metre single stnrey industrial warehouse/sliop/garage building and gravelled parking/manoeuvring/access areas located as shown on Schedule “B” and as further specified on Schedule “C”. This
work shall include areas specified for garbage collection, lighting and landscaping. 7.
The Owner shall css-y out Ae placement of grassed berms at a minimum height of 2 metres as identified on Schedule “B”.
Sitedevelopment shall includeaccessandmanoeuvring areasas shownon ScheduleB" andlightingis to beplacedon the building as indicated.
Theaccessonto LambertRoadisto beconstructedto Townshipspecificationsas indicatedon"ScheduleC". Therequu-edaccessandmanoeuvringareasshownon Schedule “B” are to be surfaced with gravel.
The Ownershallprevent damagebeingcausedto existingpublic highways,other public works or municipal property in the course ofdevelopment ofthe lands.
In the event of a sale ofthe improved lands, the new Owner will assume full and
complete responsibility for the continuing obligations under this Agreement. Tile
enforcementofthisAgreement istheresponsibility oftheMunicipality. 12.
The Agreement shall be registered against the title ofthe Lands and the
Municipality shall beentitled to enforce its provisions againstthe Owner and any andall subsequentowners ofthe Lands.
Inthe eventthatthe Ownertailsto install ormaintainthefacilitiescoveredbythis Agreement, then, upon the ChiefBuilding OfGcial 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 andproceed to supply all materials andto 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
accordancewithplansor specificationsandto chargethecostthereof,together withthe costofengineering andany other expenses incurred by the municipality. againsttheOwner. Suchentry andworkshallnotbedeemedasacceptanceor assumptionofsaidfacilitiesnoranassumptionbytheMunicipalityofany liability. It is expressly agreed that the Owners or any person in possession shall
notquestionthecostincurredby theMunicipalityforlabour,materialsorany othercosts incidental to dothe saidwork andthis provision shall be deemedto operate as aneffective estoppel injudicial proceedings if such costs are
challenged orplaced in question. The Owners agree to permit the ChiefBuilding Official, or agent, to enter onto the Lands at any time to inspect the work. The Municipality may perform any ofthe required services and collect the cost for the
enforcement ofthis Agreement againstthe saidLandsfrom any security received. 14.
The Owner covenants and agrees thatthe lands andpremises more particularly
describedin Schedule"A"annexedheretomayonlybeusedforthosepurposes specified by Zoning Amendment By-law No. 2016-09.
WITNESS the corporate seals of the respective corporate parties hereto, duly affixed under the hands of their respective signing officers, duly authorized is that behalf.
SIGNED, SEALEDAND DELIVERED In the presence of
THE CORPORATIONOF THE
TOWNSHIP OF SOUTH FRONTENAC
SCHEDULE"A" LEGALDESCRHTIONOF LANDS Part of Lot 5, ConcessionHI, LoughboroughDistrict, Part 1, Plan 13R-21331, Township of South Frontenac
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SCHEDULE"B" SITE PLAN
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For design with teper these values
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EDGE OF PAVEMENT SCALE 1:500
