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 2018-32 - Site Plan Agreement with Kendra Swaine & Richard Bean.pdf)
Document Text
TOWNSHIPOF SOUTH FRONTENAC BY-LAWNUMBER2018-32 BEINGA BY-LAWTO AUTHORIZETHE MAYORANDTHE CLERKTO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIPOF SOUTH FRONTENACAND KENDRASWAINE & RICHARDBEAN WHEREAS a Site Plan Agreement has been prepared to the satisfaction of the Township of South Frontenac and the Owners;
ANDWHEREASthe Owners have signed the Site Plan Agreement:
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 Kendra Swaine & Richard Bean, 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 2, Plan 13R-18981; Part of Lot 8, Concession V, Loughborough 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 fifteenth day of May, 2018. Read a first and second time this fifteenth day of May, 2018. Read a third time and finally passed this fifteenth day of May, 2018.
THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
Ron VandewAl, Mayor
, Clerk-Administrator
THIS SITE PLANAGREEMENTMADETHIS OF MAY, 2018.
DAY
BETWEEN: KENDRASWAINE& RICHARDBEAN hereinafter called the “Owner”
OFTHE FIRSTPART
- and -
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC hereinaftercalled the “Municipality” OF THE SECONDPART
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,THISAGREEMENTWITNESSETHthat 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
pursuantto a leasehold interest, and encumbancerin possession and may mean more than one Owner specified in the Certificate of ownership. The Ownercovenants thatthe Owneris the Owner in fee simple of the Owner’s land.
The obligations imposed by this Agreement affectthe 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 other facility shall be erected, altered or placed on the said land except in accordance wth the attached schedules which consist of:
5.
A.
Legal Description of Lands
B.
Site Plan and Drawings
The Owner shall perform all the work and provide all the materials necessary for the construction of a new dwelling with attached deck and
garage to be located 66. 5 metres from the highwater mark of Sydenham Lake as shown on Schedule “B” attached hereto.
Development shall include construction of a conventional septic distribution area in a location as indicated Schedule “B” attached hereto.
The Owner shall prevent damage being caused to existing public highways, other public works or municipal property in the course of development ofthe lands. 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 ofthis Agreement is the responsibility ofthe Municipality.
The Agreement shall be registered against the title of the Lands and the
Municipalityshall be entitled to enforce its provisions againstthe Owner and any and all subsequent owners of the Lands. 13.
In the eventthat the Ownerfails to install or maintain the facilities covered
by this Agreement, then, upon the ChiefBuilding 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 offaulty work and the replacement of materialswhich are not in accordancewith 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 Municipalityfor labour, materials or any other costs incidental to do the said work and this
provision shall be deemed to operate as an effective estDppel injudicial proceedings ifsuch 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 forthose purposes specified in Comprehensive Zoning By-law No. 200375.
WITNESSthe corporate seals ofthe 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 CORPORATIONOFTHE TOWNSHIPOF SOUTH FRONTENAC
) )
)
Mayor
) ) ) ) )
) ) )
Clerk
SCHEDULE"A” LEGALDESCRIPTIONOF LANDS Part of Lot 8, Concession V, Loughborough District, Township of South Frontenac: Part 2 on Reference Plan 13R-18981.
UT>» SCHEDULE"B
SITE PLAN
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