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 2017-70 - Revised Site Plan Agreement with Percy Snider.pdf)
Document Text
TOWNSHIPOF SOUTH FRONTENAC BY-LAWNUMBER2017-70 BEINGA BY-LAWTO AUTHORIZETHE MAYORAND THE CLERKTO EXECUTE A REVISEDSITE PLANAGREEMENT BETWEEN THE CORPORATIONOFTHE TOWNSHIPOF SOUTH FRONTENACAND PERCY SNIDER. WHEREAS an existing Site Plan Agreement has been revised to the satisfaction of the Township of South Frontenac;
AND WHEREAS the Owner is in agreement with the revised Site Plan; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH
FRONTENACBY ITS COUNCIL,HEREBYENACTSAS FOLLOWS: 1.
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 Percy Snider, a copy of which is attached hereto forming
part of this by-law.
THATthis By-lawand revised Agreement shall be registered on title ofthe property described as Part 1 on Plan 13R-21331; in Lot 5, Concession III. Loughborough District, Township of South Frontenac.
THIS BY-LAWshall 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.
Datedat the Township ofSouth Frontenac this seventh day of November, 2017
Read a first and second time this seventh day of November, 2017. Read a third time and finally passed this seventh day of November, 2017. ’ "
- -’ —.. -, THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTEWC VandeAal, Mayor
w,
Clerk-Administrator /
TfflS SITEPLANAGREEMENTmadethis day of November, 2017.
BETWEEN: PERCY HARRY SNIDER hereinafter called the “Owner”
OF THE FIRST PART
- and -
THE CORPORATIONOFTHE TOWNSHIPOFSOUTHFRONTENAC hereinafter called the “Municipality” OF THE SECONDPART
WHEREASthe Owneris the registered owner in fee simple ofcertain lands
describedin Schedule"A",attachedhereto,locatedintheTownshipofSouth Frontenac(the “Owners’Land”);
ANDWHEREAStheMunicipality is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 ofthe Planning Act and section 6.17 ofthe Township ofSouth Frontenac OfficialPlan;
ANDWHEREAStheMunicipalityhaspassedby-lawNo.2003-25to designateall of the Township ofSouthFrontenac asa “SitePlan Control Area”; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of
themutual covenantsandagreements containedherein,theparties agreeeachwith the other as follows:
In this Agreement:
a)
“Owner” includes a mortgagee inpossession, a tenant inpossessionpursuant to a leasehold interest, andencumbancer inpossession and may mean more than one Ownerspecifiedin the Certificate ofownership.
TheOwnercovenantsthattheOwneristheOwnerinfeesimpleoftheOwner’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 intitle to the saidproperty aswell asthe successors andassigns of the Owner.
Theencumbranceragreesto satisfyalltheobligationsimposedpursuanttothis document if it should enter into possession ofthe said land.
Thefollowingschedulesareattachedto andformpartofthisagreementandno newbuilding,structure orotherfacUityshallbeerected,alteredorplacedonthe saidland except in accordance with the attached schedules which consist of: A.
Legal Description of Lands
B.
Site Plan
C.
Specification for CommerciaVIndustrial Entrance
5.
TheOwnershallperform all theworkandprovide all thematerialsnecessaryfor the constmction ofthenewfacilities andaccessways andanyrequired fencing and landscaping as specified on the Site Plan, included as Schedule “B” to this Agreement.
The Ownershall construct two 465 metre2 single storey industrial warehouse/shop/garage buildings andgravelled parking/manoeuvring/access areas located as shown on Schedule “B” and as further specified on Schedule “C”
Thiswork shall include areasspecified for garbagecollection, lighting and landscaping. 7.
The Owner shall carry out the placement ofgrassed berms at a minimum height of 2 metres as identified on Schedule “B”.
Sitedevelopment shall includeaccessandmanoeuvringareasasshownon “Schedule B” andlighting isto beplaced onthebuilding asindicated.
The access onto Lambert Road is to be constructed to Township specifications as
indicatedon"ScheduleC".Therequiredaccessandmanoeuvringareasshownon Schedule “B” are to be surfaced with gravel. 10.
TheOwnershallpreventdamagebeingcausedto existingpublichighways,other public works ormunicipal property in the course ofdevelopment ofthelands.
Inthe eventofa saleoftheimprovedlands,thenewOwnerwill assumefull and
complete responsibility for the continuing obligations under this Agreement. The enforcement ofthis Agreement is the responsibility ofthe Municipality. 12.
The Agreement shall be registered against the title ofthe Lands and the
MunicipalityshallbeentitledtoenforceitsprovisionsagainsttheOwnerandany and all subsequent owners ofthe Lands. 13.
Inthe event that the Owner fails to install or maintain the facilities covered by this
Agreement,then,upontheChiefBuildingOfiBcialordesignate,givingsevendays written notice bypre-paidregistered mail tothe Owners, themunicipality, throughit’s employees, agents or contractors, may, without fiirther notice, enter
uponthelandsandproceedto supplyallmaterialsandto doallthenecessary inspections and works in connection with the facilities including the repair or reconstruction offaulty work andthe replacement ofmaterials whicharenot in
accordancewithplansor specificationsandto chargethecostthereof;together withthecostofengineeringandanyotherexpensesincurredbythemunicipality, againstthe Owner. Suchentry andwork shall notbedeemed asacceptance or assumption ofsaidfacilities nor anassumption by theMunicipality ofany liability. It is expressly agreedthatthe Owners oranyperson inpossession shall not question the cost incurred by the Municipality for labour, materials or any other costs incidental to do the said work andtins provision shall be deemed to operate as an effective estoppel injudicial proceedings if such costs are
challenged or placed in question. The Owners agree to permit the ChiefBuilding OfBcial,or agent,to enterontotheLandsatanytime to inspectthework. The Municipality may perform any ofthe required services and collect the cost for the
enforcement ofthis Agreement against the saidLands from any security received. 14.
TheOwnercovenantsandagreesthatthelandsandpremisesmoreparticularly described in Schedule “A” annexed hereto may only be used for those purposes specifiedby ZoningAmendmentBy-lawNo. 2016-09.
WITNESSthe corporate sealsoftherespective corporate parties hereto, duly affixedunderthe handsoftheir respectivesigningofficers, duly authorizedin that behalf.
SIGNED,SEALEDAND DEUVERED In the presence of
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
SCHEDULE"A" LEGAL DESCRIPTION OF LANDS
Part ofLot 5, Concession HI, Loughborough District, Part 1, Plan 13R-21331, Township of South Frontenac
SCHEDULE"B" SITE PLAN
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