Body: Council Type: By-law Meeting: Regular Date: 2017 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2017 By-laws/By-law 2017-37 - Cranberry Cove Condominium Agreement.pdf)
Document Text
SOUTH FRONTENACTOWNSHIP BY-LAW2017-37
BEINGA BY-LAWTO AUTHORIZETHE MAYORANDTHE CLERKTO EXECUTEA CONDOMINIUMAGREEMENTBETWEENTHE CORPORATION OF THE TOWNSHIPOF SOUTH FRONTENACAND MAGENTA WATERFRONTDEVELOPMENTCORPORATION. WHEREASa Condominium Agreement has been prepared to the satisfaction of the Township of South Frontenac and the Owner;
NOWTHEREFORETHE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC, BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
- THAT the Mayor and the Clerk are hereby authorized to execute a Condominium Agreement between the Corporation of the Township of South Frontenac and Magenta Waterfront Development Corporation, 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 of Lot 26, Concession 10, geographic Township of Storrington, Township of South Frontenac, County of Frontenac, being Parts 6 to 19, inclusive, and Part 22, Plan 13R-20852, save and except Parts 15 to 19, inclusive, Plan 13R-21517.
- THIS BY-LAW shall come into force and effect in accordance with the
provisions of Section 7 of the Condominium Act 1998, either upon the date of passage or as otherwise provided by the said Section 7.
DatedatSydenhamthis 20 dayof -JUNE
2017
Reada first and second time this 2. 0 dayof .JUNG . 2017. Read a third time and finally passed this Z0 day of -^UME 2017 The Corporation of the
Township of South Frontenac
Wayne Orr Chief Administrative Officer
CONDOMINIUMAGREEMENT Cranberry Cove
THIS AGREEMENT made in triplicate this _ day of.
_, 2017.
BETWEEN: MAGENTA WATERFRONT DEVELOPMENT CORPORATION hereinafter referred to as the “OWNER” OF THE FIRST PART and
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC hereinafter referred to as the “MUNICIPALITY” OF THE SECOND PART
WHEREASthe Municipality recommended approval ofa Draft Plan of Condominium for lands more particularly described on Schedule “A” attached hereto (the “Owner’s Lands”);
ANDWHEREASthe CouncilofTheCorporationoftheCountyofFrontenacapprovedthe DraftPlan of Condominium for the Owner’s Lands and imposed draft plan conditions, pursuant to the Planning Act, as amended;
ANDWHEREASthe Plan of Condominium createsthirteen (13) Unitsfor single detached dwellings, one (1) storage garage designated as Unit 14 on the draft plan of condominium, one (1) parking area designated as Unit 15 on the draft plan of condominium, three (3) road blocks, one (1)open space block, and one (1) easement block within Unit 4, with the common elements owned bythe CondominiumCorporation(assuchterm isdefinedbelow)andgovernedbythe CondominiumAct, 1998 (the “Act”) the Declaration and the By-laws of the Condominium Corporation, each Unit owner being an owner of the Condominium Corporation; AND WHEREAS it is a condition to draft plan approval that the Owner enter into a Condominium
Agreement with the Municipality and register this Agreement on title to the Owner’s Lands in accordance with section 51(26) of the Planning Act; AND WHEREAS the Owner shall register a Declaration and Description under the Act in order to create a Vacant Land Condominium Corporation upon the Lands described in Schedule “A”
attached hereto, and upon creation of the Vacant Land Condominium Corporation (the “Condominium Corporation”), the Condominium Corporation shall assume all ofthe obligations of the Owner pursuant to this Agreement;
NOWTHEREFORETHISAGREEMENTWITNESSETHthat in consideration ofthe approval ofthe Plan of Condominium and other good and valuable consideration, the Owner hereby agrees with the Municipality as follows:
- The Ownershall, at its sole risk and expense and to the satisfaction of the Municipality, construct, use, operate and maintain those facilities and works set out in the Plan of
Condominium Drawings in accordance with the terms of this Agreement. The Plan of Condominium Drawings listed in Schedule “C” are hereby incorporated by reference into this Agreement. Without limiting the generality ofthe foregoing, the Owneragreesthat it shall build all private lanes to the Municipal standard for private lanes. The originals ofthe Plan of Condominium Drawings are on file in the offices of the Municipality and shall govern in the event of any dispute.
2. As a condition of this agreement and without which this agreement shall have no effect, the Owner shall:
a. execute and deliver this Agreement to the Municipality; b. obtain a consent to registration of this Agreement in a form satisfactory to the Municipality from the holder of any mortgage or other encumbrance of the Owner’s Lands that will be outstanding on the date of registration of the Plan; c. pay in full all outstanding taxes, drainage and unamortized local improvement charges on the Owner’s Lands; d. pay in full all outstanding invoices issued by the Municipality with respect to the Plan;
e. deliver to the Municipality an original copy and ah 8%" X 14" reduced copy of the final Plan forwarded to the County for registration; f.
deliver:
i. to the County of Fronterric, eight (8) mylars andfour (4) paper prints ofthe completed Plan;
ii. to the Township of South Frorttenac, four (4) copies of all reference plans and four (4) copies of all conveyance documents for all easements and lands being conveyed to the Municipality, if any;
iii. to the Township of South Frontenac, a surveyor’s Certificate to confirm that the units and blocks on the Plan conform to the permitted minimum area requirements for each unit and the maximum density requirements in
the Zoning By-law of the Municipality; and iv. to the Township of South Frontenac and the County of Frontenac, a digital file in AutoCAD format of all required drawings;
g. provide certification from the Owner’s Professional Engineerthat the facilities and services have been installed and are sufficientto ensure the independent operation of the Condominium Corporation. Alternatively, if any facilities or services have not
beeninstalledsuchthattheCondominiumCorporationcanoperateindependently, then the Owner will be required to engage the services of a qualified quantity surveyor or professional engineer to provide a calculated amount of the required security for one hundred percent (100%) of the required works. The security shall be provided in a form satisfactory to the Municipality in its sole discretion and shall be in compliance with the Act.
- The following Schedules are attached to and form part of this Agreement: Schedule “A” -
Description of Lands
Schedule “B” -
Security
Schedule “C” -
Plan of Condominium Drawings
Schedule “D” -
Grants of Easement and Other Public Lands
Schedule “E” -
Municipal Conditions
- The Owner shall comply with any amendments, additions or deletions to the Plan of Condominium Drawings that the Municipality may reasonably require after the date of this Agreement in order to better ensure the proper and orderly development ofthe Owner’s 4841-6569-5045, V. 2
Lands.
Without limiting the generality of the Owner’s obligations set out in clause 1 of this Agreement, the Owner covenants and agrees that it shall comply with those municipal conditions set out in Schedule “E” to this Agreement.
The Owner shall deliver to the Municipality those deeds or grants of easement or rights-ofway set out on Schedule “D”.
If required by the Municipality, the Owner shall employ an engineer licensed and in good standing with the Association of Professional Engineers of Ontario to supervise all engineering functions including but not limited to:
a. the preparation of calculations, contours, designs, plans and specifications; b. the preparation and furnishing of all required drawings; c. the preparation of the necessary contracts; d. the obtaining of all required federal, provincial and municipal approvals; e. the provision of the field layout, contract administration
and construction
supervision;
f. the maintenance of all records of construction and upon completion to advise the Municipality of all construction changes and to prepare all final and “as constructed plans and drawings as may be required by the Municipality; and g. acting as the Owner’s representative in all matters pertaining to the construction. 8. The Owner shall furnish all plans, specifications, designs, calculations, contours, or other information pertaining to the Owner’s Lands as the Municipality may require. No contract
shall be awardedand noworkshall commence or be continuedwithoutthe priorwritten approval of the design and inspection of the work by the Municipality.
- All required inspectionsshall be performed bythe Municipalitywhosedetermination of whether any work has been constructed to its satisfaction shall be final.
10.TheOwnershall nottransfertitleto anyUnitwithinthe Planuntil afterthisagreement,all deeds,grantsofeasementand0. 3 metre reservesinfavourofthe Municipalityandrelated reference plans of surveyhave been registered, as required. 11. All civic addresses and 911 numbers for use within the Plan shall be allocated by the Municipality. The Owner shall advise each purchaser of a Unit of its correct number.
The Owner shall submit proposed lane names to the Municipality for approval. The naming and installation of civicaddresses and lane signs shall be in accordance with the Municipal Standardsfor911and EmergencyPreparednessandattheOwner’sexpense. Thelocation of all entrances to all Units, including the location of culverts and 911 civic address signage shall beshown on a plan approved bythe Municipality priorto issuinga buildingpermit for development within the lands.
The Owner covenants and agrees that nothing in this Agreement releases the Owner from
the obligation to comply with the provisions of all other by-laws of the Municipality that may now or in future be in effect.
All construction within the Owner’s Landsshall becarried out in accordance with any noise by-law of the Municipality which may be in effect from time to time.
Time shall be of the essence of this Agreement and of any extension of time that may be 4841-6689-5045, V. 2
agreed upon by the parties.
The Owner hereby grants to the Municipality, its servants and contractors, a licence to enter the Owner’s Lands during normal operating hours for the purpose of inspecting the real property within the Plan of Condominium and to perform anywork arising from or the result of any default by the Owner under this Agreement.
It is the intent of this Agreement that the Municipality shall not incur any expense for the development of the Owner’s Lands and every obligation of the Owner under this Agreement shall be deemed to include the words “at the expense of the Owner”, unless specifically stated otherwise.
In the event the Owner is in default in the performance of any obligation under this
Agreementandsuch defaultcontinuesmorethan fifteen (15) daysafterthe Municipality delivers written notice to the Owner requiring the Owner to remedy the default, the
Municipalitymay,withoutfurther noticetothe Owner,dosuchthingatthe Municipality’s expense as it may reasonably require necessary to remedy the default, and the Municipality may recover the expense incurred in doing such thing by action or the same
may be recovered in like manneras municipaltaxes in accordancewiththe provisionsof Section 446 of the Municipal Act, 2001, 5:0., 2001, C. 25, as amended.
The Owner agrees to reimburse the Municipality and the County of Frontenac for all legal, engineering, planning, administrative expenses and permit fees including the cost of any peer review that the Municipality or County of Frontenac may require in relation to the condominium.
All invoices, costs and expenses received or incurred by the Municipality and payable by the Ownershall bepaidwithinthirty (30) daysofthe Municipality’sinvoiceor demandfor payment to the Owner, failing which the OWhershall be in default under this Agreement and shall continue in default until payment plus all accrued interest is made in full.
Interest shall be paid by the Owner on all overdue amounts at the same rate per annum and calculated in the same manner asthe Municipality chargeson overdue municipal taxes and any payments received shall be applied first on account of accumulated interest and then on the outstanding amount.
The Municipality shall undertake the registration, at the Owner’s expense, of this Agreementagainstthetitle to the Owner’sLandsand, in accordancewith s. 51(26) ofthe Planning Act, all of the terms and conditions of this Agreement may be enforced against the Owner and any and all subsequent owners of the Owner’s Lands.
The Owner shall ensure that the requirements of this Agreement are brought to the attention of its contractors, employees and workers prior to the start of anyconstruction.
All covenants in this Agreement shall be construed as being joint and several and that, when the context so requires or permits, the singular number shall be read as ifthe plural wereexpressed,andthe masculinegenderasifthefeminineor neutergender, asthecase may be, were expressed.
Pursuant to s. 51(32) of the Planning Act, the Draft Plan of Condominium Approval shall
lapse on July 16. 2017 if the final approval has not been given, notwithstanding the entering into of this Agreement, unless an extension is requested by the Owner and,
subjectto review,granted bytheapproval authority. Pursuantto s. 51(33)ofthe Planning Act, the owner may submit a request to the approval authority for an extension of the Draft Plan of Condominium Approval. The extension period shall befor a maximum period of three (3) years and must be submitted prior to the lapsing of Draft Plan Condominium Approval. Further extensions may beconsidered atthe discretion ofthe Municipality and the County of Frontenac. 4841-6569-5045, v. 2
26. Anydisputebetweenthe partieswith respectto thisAgreementshall, atthe requestof a party, be submitted to arbitration pursuant to the Arbitrations Act 1991 andthe decision of
the arbitratoror, if morethan one,the decisionofa majorityshall befinal and bindingon the parties.
Eachpartyshall payits owncostsofthe arbitrationandshall shareequallythe costsofthe arbitrator(s).
Any notice required to be given by the parties to this Agreement shall be given by registered mail at the last known address for service of the parties, or at such other addressesasthe parties may specifyfrom time to time, (provided that in the event of a postal disruption, notice shall only be given by hand) and shall be deemed to have been
delivered on the third dayafterthe date of deposit in the post office. 29. The Owner agrees that if any section, clause or provision of this Agreement is for any reason declared by a Court of competent jurisdiction to be invalid the same shall not affect
the validity of the Agreement as a whole or any part thereof, other than the section, clause, or provisionso declaredto be invalidand it is herebydeclaredto be the intention that all the remaining sections, clauses or provisions of this Agreement shall remain infull forceandeffect, notwithstandingthat oneor more provisionsthereofshallbedeclaredto be invalid.
The parties shall, upon reasonable request of the other, execute anyfurther documents as may be required for the more perfect and absolute performance of the terms and conditions.
In addition, the Owner and each and every subsequent owner of the Lands or a part thereof acknowledges notice of and agrees to be bound by all of the provisions of this agreement and, in particular, those provisions set out in Schedule “E”.
32.ThisAgreementshallenureto and bebindinguponthe partieshereto,andtheirrespective successors and assigns.
IN WITNESSWHEREOFthe parties hereto have bythe hands and seals executed this agreement as of the first date set out above. SIGNED, SEALED AND DELIVERED:
The Corporation of the Township of South Frontenac
Per:
Ronald Vandewal - Mayor
Wayne Orr - CAO
We have the authority to bind the corporation Magenta Waterfront Development Corporation Per:
Name:
Title:
I havethe authorityto bind the corporation 4841-6569-5045,V. 2
SCHEDULE “A” LEGAL DESCRIPTION
Partof PIN36288-1373(LT) Part of Lot 26, Concession 10, Formerly the Township of Storrington, being Parts 6 to 19, inclusive, and Part22, Plan13R-20852,andParts 1 to 15 inclusive and Part 20, Plan13R21517, Township of South Frontenac;
4841-6569-5045, V. 2
SCHEDULE"B” SECURITY Where, at the date of registration of this Agreement, not all facilities and services have been
constructed in accordancewith the approved drawingsthe Owneragreesto post security in an amountequal to 100%ofthe certifiedestimate of the costto construct all required facilities and services, such estimateto beto the satisfactionofthe Municipality. Upon completion to the satisfaction of the Municipality of the works and facilities to be
constructed in accordancewith this agreement, if any, and upon receiptofthe certificateofthe consulting engineer required byclause 2(g) ofthis Agreement, the security or anybalancethereof remaining shall be returned to the Owner. 1.
Financial Contribution to Public Assets:
Surfacetreatment of CarryingPlaceRoad (712 metres) 2.
$23,625
Cash-in-lieu of Parkland
5%ofvalue of land daypriorto DraftApproval ($500,000) - $ 25,000 3.
Securities for Condo Assets: 100% of Value of Unconstructed Assets -
Pending
Securities for Public or Off-site Assets: 100% of Value of Unconstructed Assets -
4841-6569-5048, V. 2
None to be constructed
SCHEDULE “C”
PLAN OF CONDOMINIUM DRAWINGS
Draft Plan of Vacant Land Condominium, dated April 3, 2017, signed May 25, 2017, prepared and certified by Clancy and Hopkins Land Surveying Limited, Ontario Land Surveyor comprising a total of 15 Units.
Plan 13R-21517, dated April 5, 2017, prepared and certified by Clancy and Hopkins Land Surveying Limited, Ontario Land Surveyor comprising a total of 20 Parts.
Ainley Group, General Notes and Details, Drawing C101, dated 2017-01, revised
Ainley Group, Grading Plan North, Drawing C201, dated 2017-01, revised
Ainley Group, Grading Plan South, Drawing C202, dated 2017-01, Revised.
AinleyGroup, ServicingandStormwaterManagement Brief, CranberryCove Lane Condominium, Project Number16847-1,dated February2017, Revised.
Note: Additional drawings related to stormwater management and CRCA approval may be
identifiedfollowingthe signingofthis agreement and priorto final approval bythe Countyof Frontenac. Byconsent of all partieswhosign this agreement, the additionaldrawings approved by CRCA are hereby identified as being part of Schedule C of this agreement as an addendum.
THE ORIGINALPLANSARE NOWON FILEINTHE MUNICIPALOFFICESANDSHALLBE REFERREDTO IN THE EVENT OF ANY DISPUTE.
4841-6569-5045, V. 2
SCHEDULE"D"
GRANTS OF EASEMENT AND OTHER PUBLIC LANDS
The Owner shall convey to the Municipality in fee simple, free of any encumbrances, those lands described as parts 1-5 inclusive on Plan 13R-20852 for purposes of a road widening.
The Owner shall convey to the Municipality in fee simple, free of any encumbrances, those lands described as Parts 15, 16, 17, 18 and Part 19 on Plan 13R-21517 for purposes of a 0. 3m reserve.
Recognition of all easements detailed on Schedule “A” of Condominium Declaration
4841-6569-5045,v. 2
10
SCHEDULE"E" MUNICIPAL CONDITIONS
The Owner further covenants and agrees as follows:
In this Schedule “Plan” shall mean the Plan of Condominium, as finally approved.
The drainage ofsurface water withinthe Plan isthe sole responsibility ofthe Ownerand all subsequent purchasers of Units, who shall provide and maintain adequate drainage of
surfacewater in accordancewith the Approved Planof Condominium Drawings. 3.
The Owner shall include in each agreement for the purchase and sale of any Unit, notice
thatthe Purchaserwill be bound bythe following provisions which shall, without limiting the generality of the foregoing, also form part of this Agreement, binding on the Owner:
(a) That every purchaser of a Unit shall be responsible for ensuring that all wastes are disposed of in compliance with the Municipality’s waste management by-laws and all other applicable laws.
(b) The purchasers acknowledge receiving the following reports/letters and hereby agree to comply with the recommendations contained therein:
(i) Environmental Impact Assessment, dated January 20, 2012 prepared by Ecological Services, specifically recommendations identified on pages 18 and 19;
(ii) Hydrogeolbgy, Terrain Analysis and Nitrate Impact Assessment Report, dated April 9, 2013 prepared by Lissom Soil and Water Inc.;
(iii) “Cranberry Cove Nitrate Attenuation Calculations”, dated November 12, 2013 prepared by Greer GallowayGroup Inc.;
(iv) the letter dated January 10, 2014 from KFL& A Public Health to the County of Frontenac
(v)Ainley Group, Servicing and Stormwater Management Brief, Cranberry Cove Lane Condominium, Project Number 16847-1, dated February 2017, Revised
(vi)Letters from the Cataraqui Region Conservation Authority/ Rideau Waterway Development ReviewTeam to the County of Frontenac dated November 26, 2012, December 12, 2013, and July 14, 2014;
(vii) Archaeological Assessment (Stage 1-3) Report dated June4, 2010and further revised May2013 prepared byAdams Heritage.
(c) PurchasersareadvisedthattheownerofeachUnit isresponsibleforthe maintenance
and repair of all services contained withinthe individual Unit, whichare owned bythe individual Unit owner.
(d)Purchasers acknowledge andagreethat no development (including without limitation wells, structures, buildings orsewage disposal systems) shall be permitted within 35 m of the high water mark of Cranberry Lake and inland ponds with the first 30 metres
maintained asa “no-cut” zone wherethere isto be no disturbance to the vegetation and soil mantle.
(e)AIIpurchasersacknowledgeandagreethatallwellsandsepticsystemsshallbeoperated and maintained in accordance with all applicable laws, or decommissioned in accordance
4841-6569-5045, V. 2
11 with all applicable laws.
(f)AII purchasers acknowledge and agree that ati development on the Lands is subject to the “Development,
Interference with Wetlands and Alteration to Shorelines and
Watercourses Regulation” (Ontario Regulation 148/06). The regulation requires that the
Ownerobtain the written approval of the Conservation Authority prior to commencing rough grading, stockpiling, road construction, etc. within 30 metres of anywetland, within 30 metres of all watercourses and ponds, and within 15 metres of the 98.95 metre GSC flood elevation on the Lands. Further, that any other applicable CRCA and Parks Canada regulations may apply to the development of the individual lots.
(g) The purchasers of Units 1 to 5 and 10 to 13 inclusive acknowledge and agree that site alteration and construction (including but not limited to buildings, structures, filling, and grading) on these lots may require permission under Ontario Regulation 148/06: Development, Interference with Wetlands, andAlterations to Shorelines andWatercourses prior to commencing these activities.
(h) All purchasers acknowledge and agree that should deeply buried archaeological remains befound on the property during its development, thatthe Ministry ofTourism and Culture
shall be notified immediately. The purchasers further agree that any discovery of an aboriginal or archaeological artefact or resource is subject to controls under the Ontario Heritage Act andthose archaeological resources shall not beremoved without the approval of the Ministry of Tourism and Culture. In the event that any human remains are
discovered,the purchasersagreeto immediatelycontacttheOntarioProvincialPolice,the Ministry of Tourism and Culture, the Registrar or Deputy Registrar of the Cemeteries
Regulation Unit ofthe Ministry ofConsumer and Commercial Relations ((416) 326-8404) and the Municipality.
(i) All purchasers agree that if during the process of development any archaeological resources or human remains of aboriginal origins are encountered, the Algonquins of Ontario Consultation Office will be contacted immediately at: Algonquins of Ontario Consultation Office 31 Riverside Drive, Suite 101 Pembroke, Ontario K8A 8R6
Tel. 613-735-3759 fax 613-735-6307 e-mail: algongyms@nrtco. net 4.
The Owner shall provide to every purchaser of any Unit a site servicing plan showing the location of the house, well, and primary and alternate sewage locations for the Unit.
The identified primary and alternate sewage system locations shall be reserved and
maintained solely for that purpose. No construction ofwells, homes, driveways, pools, garagesor anyotherstructure isto take place inthe primaryor alternate sewagesystem location.
Theprimaryandalternatesewagedisposallocationswereselectedduetothesuitabilityof thoseareasto provide an idealareatotreat sewage. Nodeviation will bepermitted inthe sewage disposal system locations unless, if it becomes necessary to deviate from the approved location, an engineering report and system design aswell asa terrain analysis is provided to the satisfaction ofthe approval authority. The alternative location must also include an impact assessment on adjoining properties. Sewagedisposal systems which produce a higherquality of effluent will beconsidered and encouraged bythe approval authority in situations where protection of human health or the quality of surface water or groundwater is an issue. 48414569-5045, V. 2
12 8.
The Owner acknowledges and agrees that the Municipality will not be assuming or maintaining the roads within the Plan and will have no obligation to undertake any works to improve, widen or upgrade the aforesaid roads at public expense at any time. The operation and maintenance of all roads and drivewayswithin the Plan are the sole cost and responsibility of the Owner.
The Owneracknowledgesand agrees that the Municipality shall not be responsible for providingfire, ambulanceand otheremergencyservicesto any Unitifthe operatorofthe emergency vehicle, having made reasonable efforts in the circumstances, determines that
the conditionofthe roadsor drivewaysasconstructed or maintainedatthetime, prevents thevehiclefrom beingoperated properlyor safelyin orderto accessorexitanygivenUnit. 10.
The Owner acknowledges and agrees that the Municipality shall not provide curbside waste
disposal services to any unitwithin the Plan. Waste pickup will be available at the garbage pick-up area included in the Plan at a location near Carrying Place Road, in accordance with the Municipal waste management policies. 11.
The Owneracknowledges and agreesthat anydevelopment or redevelopment issubject to land use planning controls and Ontario Building Code permits and approvals, intended to, among other things, conserve shorelines and woodland areas in their natural state.
The Owner acknowledges and agrees that every owner of a Unit shall be responsible for operation and maintenance of their water system in accordance with all applicable laws.
It isthe responsibilityofthe Ownerandeachsubsequentownerofa Unitwithinthe Planof
Condominium to make whatever arrangements with Hydro One and such other utility providerasarenecessaryfortheinstallation ofhydro-electric,telephoneandotherutility services for the Unit. 14.
The Owner shall confirm that sufficient wire-line communication/ telecommunication service to the proposed development exists. In the event that such infrastructure is not
available, the Owner is hereby advised that the Owner may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. Ifthe Owner is required to demonstrate to the Municipality that sufficient
alternative communication/telecommunication facilitiesareavailablewithinthe proposed development, such facilities must be sufficient to enable, at a minimum, the effective
delivery of communication/telecommunication services for emergency management services (i. e. 911 Emergency Services). 15.
The Ownershall endeavour to maintain all existinggradesalongthe edgeofthe boundary of the Plan.
The Owner hereby agrees to indemnify and save harmless the Municipality against all actions, causes of action, suits, claims, demands and costs whatsoever arising by reason of any matter under this Agreement, including without limitation any actions, causes of action, suits, claims, demands or costs directly or indirectly related to the construction, use, operation or maintenance ofthe roadswithinthe Plan, includingthe inabilityto operate an emergency vehicle properly or safely in order to access or exit anygiven Unit due in whole or in part to the condition of the roads or driveways within the Plan at the time.
TheOwnershallagreeinwritingto satisfyall requirements,financialandotherwiseofthe
Municipality for the provision/upgrading of roads, installation of services and drainage including ditches and culverts, according to the Municipality’s minimum standards. 18.
TheOwneracknowledgesand agreesthatthe proper maintenanceand inspection ofthe stormwater management infrastructure shall be the responsibility of the Condominium Corporation and shall be undertaken in accordance with the recommendations identified in
Section 9 of the Ainley Group, Servicingand Stormwater Management Brief, Cranberry 4841-6589-5045, V. 2
13 Cove
Lane Condominium,
Revised_,
Project
Number
16847-1,
dated
February
2017,
page _.
The road allowances included in the Plan identified as “Block 16 Common Element”, “Block 17 Common Element”, and “Block 18 Common Element” shall be constructed to the
Municipality’s standards for new private lanes. 20.
The portion of Carrying Place Road from the existing fire hall on the road to the entranceway to the development (approximately 712 metres) shall be surface treated to the satisfaction of the Municipality.
The new lanes identified as “Block 17 Common Element” and “Block 18 Common Element”
shall be named WinterberryLaneand Fern Lane respectively. 22.
An easement shall be created within the Declaration for the condominium in favour of the
island located at Partof Lot 26, Concession 10, Storrington, being Part 2 on Plan 13R-8978, South Frontenac (PIN 36288-0301) (the “Island”) providing additional accessto the Island, such easement being subject to confirmation that the proposed easement is to the Municipality’s satisfaction.
Cranberry Cove Lane shall be subject to a joint use agreement (or other similar legal agreement) to be registered on title, between the condominium corporation/ declarant and the adjoining properties using Cranberry Cove Lane with respect to the joint use, maintenance, repair and cost sharing obligations for the lane, to the satisfaction of the Municipality.
Access to Units 1 and 2 shall only occur on an easement registered as FC139453 and FC139454. The Declaration shall contain provisions to establish the legal accessfor Units 1 and 2, to the satisfactionof the Municipality.
The Owneracknowledgesthe letter datedJanuary10, 2014from KFL& A PublicHealthto the County of Frontenac and agrees that therecommendations contained therein shall be
implementedto the satisfactionofthe Municipalityand KFL& A PublicHealth. 26.
The Owner agrees that anyexisting wells and/or septic systems that are present on the site
andarenotto beusedaspartoftheplanofcondominiumshallbedecommissionedasper applicable regulations. 27.
TheOwneragreesthata practical buildingenvelopein compliancewiththeZoningBy-law and Environmental Impact Statement dated January 12, 2012 shall be identified to the Township’s satisfaction on Unit 2 prior to applying for any building permit forthis Unit, and
that no construction outside ofthe approved buildingenvelope shall be permitted. 28.
Theareaon “Block19Common Element” nearUnit15atthenarrowestpointbetweenthe lane and the water’s edge shall be vegetated with natural species of shrubs and trees as identified in the Municipality’s Site Plan Guidelines and to the satisfaction of the Municipality.
The Declarationshall contain the Municipality’s limited service policiesto recognizethat there is no commitment or requirement bythe Municipality to assume responsibility for ownership or maintenance of the private lanes within the Plan. The Declaration shall also
set out, with respectto Units 1-5, the Municipality’sstandard environmental protection policies requiring that the area within 35 metres of the highwater mark of the lake be maintained in a natural state for soil and vegetation.
The Owneragrees to convey up to five percent of the value of the Landsin the form of cash-in-lieu of parkland at the time of execution of this Agreement.
The Owner agrees that, subject to the requirements of Canada Post, any mail boxes shall be
4841-6569.5045, V. 2
14 placed at a location near the entrance to the development near Carrying Place Road and to
the satisfaction of the Municipality. 32.
Units 14 and 15 shall be reserved exclusively for the use of Part of Lot 26, Concession 10, Storrington, being Part 4 on Plan 13R-8978, South Frontenac (PIN 36288-0303) (“Part 4, 13R-8978”) in the Declaration. Units 14 and 15 shall have the benefit of an easement over
part of Unit 4 in the condominium plan, being Part 12 on Plan 13R-21517for accessto the lake, and such Units shall be conveyed to the owner of Part 413R-8978 upon registration of the Declaration and Description. A Restrictive Covenant shall be registered on title restrictive covenants shall be registered on title to Unit 14 and Unit 15 and Part 4, 13R-
8978 in favour ofthe Condominiumsuchthat neither Units nor Part4, 13R-8978may be sold without the other Unit and that at all times, the Units cannot be sold without the concurrent sale of Part 4, 13R-8978. Such restrictive covenants are intended to run with
the lands benefited and burdened thereby, and shall be binding on and enure for the benefit of the Condominium and the Units and its respective successors in title thereto, all to the satisfaction of the Municipality.
4841-6569-5045, V. 2
