Body: Council Type: By-law Meeting: Regular Date: 2020 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2020 By-laws/By-law 2020-70 - Site Plan Agreement - 18095050 Ontario Ltd.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020- 70 BEINGA BY-LAWTO AUTHORIZETHE MAYORAND THE CLERKTO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIPOF SOUTH FRONTENACAND 1809505 ONTARIO LIMITED WHEREAS a Site Plan and Amending Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac;
NOWTHEREFORETHE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENACBY ITS COUNCIL, HEREBY ENACTSAS FOLLOWS: THAT the Mayor and the Clerk are hereby authorized to execute an
Amending Site Plan Agreement between the Corporation of the Township of South Frontenac and 1809505 Ontario Limited, a copy of which is attached hereto forming part of this By-law.
THAT the Agreement shall be registered on title of the property described as Part of Lot 19, Concession 2, District of Storrington, Township of South Frontenac, being Part 1 on Plan 13R20386, municipally known as 3832 Davidson Road.
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 1stday of December,
Read a first and second time this 1stday of December, 2020. Read a third time and finally passed this 1stday of December, 2020. THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
AMENDMENT TO SITE PLAN AGREEMENT
THISAMENDINGAGREEMENT, made intriplicate this 2^day ofDecember, 2020 BETWEEN: 1809505 ONTARIO LIMITED 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
WHEREAS the Owner is the registered owner in fee simple ofthose lands and premises located in the Township of South Frontenac more particularly described in Schedule “A” to this Agreement (the “Owner’s Lands’); AND WHEREAS the said lands are subject to a Site Plan Control Agreement
dated July 7th, 2015, as amended by an Amending Site Plan ControlAgreement dated September 16’’, 2015, more particularly described in Schedule “B” to this Agreement (the “Original Site Plan Agreement’); AND WHEREAS the owner has applied to the Township to amend the Original
Site Plan Control Agreement in accordance with the terms ofthis Agreement. AND WHEREAS the Council of The Corporation of the Township of South
Frontenacpassed Site Plan Control Area By-law No. 2003-25 forthe approval of site plans and designating all ofthe Township of South Frontenac as a Site Plan Control Area pursuant to the Planning Act, as amended; AND WHEREASthe Council ofThe Corporation of South Frontenac has approved those plans for the development of the Owner’s Lands set out in
Schedule “C” to this Agreement (the “Site Plan Drawings”), subject to the Owner entering into an amending Site Plan Control Agreement with the Municipality; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the mutual covenants and agreements contained herein, the parties agree with each other as follows:
The Original Site Plan Control Agreement Is hereby amended in accordance with the amendment more particularly described in Schedule “C” to this Agreement.
The purpose ofthe amendment is to permit a 168.4 square metre (1, 812.6 square foot) addition to Existing Building #3, and to establish areas for the open storage of goods and materials.
All covenants herein shall be constiued as being joint and several and that, when the context so requires or permits, the singular number shall be read as if the plural were expressed, and the masculine gender as if the
feminine or neutral gender, asthe case may be, were expressed. 4. In all other respects, the terms ofthe Original Site Plan Control Agreement are confirmed and shall be complied with by the respective parties.
5. This Agreement and everything contained herein shall enure to the benefit
ofand be binding upon the parties hereto and their respective successors and assigns.
- The Owner agrees that if any section, clause or provision of this
Agreement is forany reason declared by a Court ofcompetentjurisdiction to be invalid the same shall not affect the validity of the Agreement as a
whole or any part therefore, otherthan the section, clause, or provision so declared to be invalid and it is hereby declared to be the intention that all
the remaining sections, clauses or provisions ofthis Agreement shall remain in full force and effect, notwithstanding that one or more provisions
thereofshall be declared to be invalid.
- The Owner consents to the registration by the Municipality at the Owner’s expense of this Agreement against the title to the Owner’s Lands and. in
accordance with s. 41(10) of the Planning Act, all of the terms and
conditionsofthisAgreementmaybeenforcedagainstthe Ownerandany and all subsequent owners ofthe Owner’s Lands.
IN WITNESS WHEREOF the parties hereto have by the hands and seals executed this agreement as of the first date set out above. SIGNED, SEALED AND DELIVERED In the presence of:
^^
JOOYCAMPBELL[insertposition] of 180950(15 ONTARIO LIMITED
/ have authority to bind the corporation THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Angely^teddocks - Clerk
We have authority to bind the Corporation
SCHEDULE “A” OWNER’S LANDS
Legal Description: Part 1 on Plan 13R-20386; Part of Lot 19, Concession II, Districtof Storrington, Township of South Frontenac, County of Frontenac Municipal Address: 3832 Davidson Road
SCHEDULE"B”
SITE PLAN CONTROL AGREEMENT
ThefollowingSitePlanControlAgreementis inforce(collectivelyreferredto in thisAgreement as “The OriginalSite Plan Control Agreemenr):
- A Site Plan Control Agreement between 18095005 Ontario Limited and The
Corporation of the Township of South Frontenac, dated July 7, 2015, approved through by-law 2015-37, and registered on title on August 31, 2015, as Instrument No. FC205956
- An Amending Site Plan Control Agreement between 18095005 Ontario Limited and The Corporation of the Township of South Frontenac, dated
September16, 2015,approvedthroughby-law2015-51,andregisteredon
title on October 21, 2015, as Instrument No. FC208997
SCHEDULE"C” AMENDMENTS
The Original Site Plan Control Agreement is hereby amended as follows:
- SCHEDULE"B"SITEPLANDrawingdatedSeptember2015is hereby repealed and replaced with the following:
Site Plan, Drawing Number A020, Shoalts and Zaback Architects Ltd., Revision No. 02, dated November 24, 2020. Scale 1:300
THE ORIGINAL OF ALL PLANS LISTED IN THIS SCHEDULE AND INCORPORATED BY REFERENCE INTO THIS AGREEMENT ARE ON FILE IN THE OFFICEOF THE SOUTH FRONTENC DEVELOPMENT SERVICES DEPARTMENT AND SHALL GOVERN IN THE EVENT OF ANY DISPUTE.
