Body: Council Type: By-law Meeting: Regular Date: 2018 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2018 By-laws/By-law 2018-10 - Site Plan Agreement with K & S Bovey.pdf)
Document Text
TOWNSHIPOF SOUTH FRONTENAC BY-LAWNUMBER2018-10 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERKTO EXECUTE A REVISEDSITE PLANAGREEMENT BETWEEN THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENACAND KEVIN & SUZANNEBOVEY. WHEREAS a Revised Site Plan Agreement has been prepared to the
satisfaction of the Townshipof South Frontenacand the Owners; AND WHEREAS the Owners have signed the Site Plan Agreement:
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENACBY ITS COUNCI,HEREBYENACTSAS 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 Kevin & Suzanne Bovey, 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 Parts 2, 3 and 4, Plan 13R-21559; Part of Lots 18
and 19, Concession I, Storrington District, Township of South Frontenac. 3.
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 otherwiseprovkled by the said section 41.
Datedat the Township of South Frontenac this sixth day of February, 2018. Read a first and second time this sixth day of February, 2018.
Read a third time and finally passed this sixth day of February, 2018.
THECORPORATIONOFTHE TOWNSHIPOF SOUTH FRONTENAC Kon VandeAral, Mayor
, Clerk-Administrator
THIS SITE PLANAGREEMENTMADE THIS OF FEBRUARY, 2018.
DAY
BETWEEN: KEVIN& SUZANNEBOVEY hereinafter called the “Owner”
OF THE FIRST PART and -
THE CORPORATIONOF THE TOWNSHIPOF 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”; NOWTHEREFORE,THIS AGREEMENTWITNESSETHthat 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.
1
The Ownercovenants 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 of the said land.
The following schedules are attached to, and form part of, this agreement and no new building, structure or otherfacility shall be erected, altered or placed on the said land except in accordance with the attached schedules which consist of:
5.
A.
Legal Description of Lands
B. C.
Site Plan and Drawings Specificationof Commercial/lndustrial Entrance
The Ownershall perform all the work and provide all the materials
necessary for the construction of a new approximately 5, 425 ft. facility, accessory future approximately 1, 819 ft. i storage building as well as fencing, aisles and manoeuvring areas, parking, entrance construction and plantings as specified on the Site Plan drawing shown on Schedule
“B” to this Agreement DWG No. KB-R4. 7. 6.
The access onto Davidson Road is to be constructed to Township specifications for commercial/industrial entrances as shown on Schedule
“C” including the requirement that it be paved with asphalt. 7
Development shall include conventional septic distribution area in addition to an amenity area, sidewalks and landscaping as indicated on Schedule “B” DWG No. KB-R4. 7 and landscaping shall be planted as shown and in accordancewith the Township’s Site Plan Guidelines.
Site grading shall be established in accordancewith Schedule “B” DWG No. KB-R4. 7 including drainage swales and mowed areas for overiand drainage, (specified on Schedule “B” DWG No. KD-R4. 7).
Signage, lighting and Garden Displays shall be located as shown on Schedule “B” DWG No. KD-R4. 7. Garbage is to be stored indoors and removed by way of the loading area.
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 underthis 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.
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 including the repairor 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 ChiefBuilding 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 againstthe said Landsfrom 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. 200375 and site-specific By-law #2017-21.
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,SEALEDAND DELIVERED In the presence of Owner:
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC
^ Mayor
ClerfL^I
SCHEDULE"A" LEGALDESCRIPTIONOF LANDS Part of Lots 18 & 19, Concession I, Storrington District, Township of South
Frontenac: Parts 2, 3 and 4 on Reference Plan 13R-21559, Inverary.
SCHEDULE"B"
SITE PLAN Drawing No. KB-R4.7
Prepared by Tony Sickling, Wolesley Incorporated.
^-^ . ////^.
SCHEDULE"C" TOWNSHIP STANDARD FOR COMMERCIAL/INDUSTRIAL ENTRANCE
