Body: Council Type: By-law Meeting: Regular Date: 2022 Collection: By-laws Municipality: South Frontenac
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Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2022-51 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE DOCUMENTS TO DELETE A REGISTERED SITE PLAN AGREEMENT AND TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND 1809505 ONTARIO LIMITED WHEREAS a Site Plan and Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS:
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 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 3810 Perth Road, Part of Lot 19, Concession ll, District of Storrington, Township of South Frontenac, County of Frontenac.
AND THAT the Mayor and the Clerk are hereby authorized to execute documentation to delete the Site Plan Agreement registered on title as instrument FC248045.
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 othenNise provided by the said Section 41. this 7”‘day of June, 2022.
Dated at the Township
of South Frontenac
Read a first and second
time this 7”‘day of June, 2022.
Read a third time and finally passed this 7”‘day of June, 2022.
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC /
Ron Vandewa
, Mayor
Angela Maddocks, Clerk
SITE PLAN CONTROL AGREEMENT
, 2022.
day of
THIS AGREEMENTmade in triplicate this
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 has made an application to the Municipality for permission to develop those lands more particularly described on Schedule ”A” attached hereto (the “Owner’s Lands”); AND WHEREAS the Council of The Corporation of the Township of South Frontenac passed Site Plan Control Area By-law No. 2003-25 for the approval of site plans and designating commercial properties as a Site Plan Control Area pursuant to the Planning Act, as amended;
AND WHEREASthe Council of The 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 a Site Plan Control Agreement with the Municipality; AND WHEREASthe Corporation of the Township of South Frontenac is authorized to enter into this agreement and register it against the title to the Lands pursuant to section 41 of the Planning Act; NOW THEREFOREWITNESSETH that in consideration of the mutual covenants agreements contained herein, the parties agree each with the other as follows:
and
The Owner shall, at its sole risk and expense and to the satisfaction of the Municipality, develop the Owner’s Lands in accordance with the Site Plan Drawings, and shall construct, use, and maintain those facilities and works set out in the Site Plan Drawings in accordance with the terms of this Agreement. The Site Plan Drawings listed in Schedule ”C” are hereby incorporated into this Agreement. The originals of the Site Plan Drawings are on file in the offices of the Municipality and shall govern in the event of any dispute.
The following Schedules are attached to and form part of this Agreement:
Schedule “A” Schedule “B” Schedule “C” Schedule “D” Schedule “E” Schedule “F” Schedule “G” 3)
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—
—
—
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Description of Lands Security for Works Site Plan Drawings Grants of Easement and Other Public Lands Municipal Conditions Entrance Specification of Commercial/lndustrial Approving Authorities and Agencies
The Owner shall comply with any amendments, additions or deletions to the Site Plan Drawings that the Municipality may reasonably require after the date of this Agreement in order to better ensure the proper and orderly development of the Owner’s Lands and the construction of the works and facilities required by this Agreement.
Without limiting the generality of the Owner’s obligations set out in clause 1 of this Agreement, the Owner covenants and agrees to develop the Owner’s Lands in accordance with those municipal conditions set out in Schedule ”E"to this Agreement.
of any construction, the Owner agrees to obtain all other permits and approvals required by any other agency or authority having jurisdiction, including, without limiting its generality, those agencies and authorities set out in Schedule “G” to this Agreement.
The Owner shall deliver to the Municipality those deeds or grants of easement set out on Schedule rights—of—way
The Municipality acknowledges and agrees that a cash-in-lieu of parkland payment is not required for this development.
As security for the performance of the Owner’s obligations under this Agreement, the Owner shall deposit with the Treasurer of the Municipality an irrevocable letter of credit of a Canadian chartered bank or other financial security in a form satisfactory The to the Municipality in accordance with the requirements in Schedule Municipality shall not draw down on the letter of credit or other security unless the Owner is in default in the performance of an obligation under this Agreement and such default continues for more than fifteen (15) days after the Municipality delivers written notice to the Owner requiring the Owner to remedy the default.
Upon completion of all works and facilities and prior to the release of any securities, the Owner shall deliver to the Municipality the certificate of a consulting engineer licensed under the Professional Engineers Act (Ontario) confirming that all works and facilities, have been installed in management facilities, including stormwater accordance with this Agreement.
Prior to the commencement
or
- Except as may otherwise be provided for in this Agreement, the Owner shall complete the construction of all works and facilities within six (6) months of the date of
occupancy of the building; but in cases of undue hardship, the Municipality may extend in writing any time for completion required by this Agreement. 11) If any lien is claimed pursuant to the Construction Lien Act for the supply of services or material in connection with the construction or maintenance of any portion of the works or facilities located on a public street or highway or any lands owned by the Municipality or any other public authority, the Owner shall be considered in default under this Agreement and shall continue to be in default until all liens are discharged,
and the Municipality may, in its absolute discretion, use the security deposited by the Owner to pay into court any amounts required to discharge all liens plus costs. 12) If any portion of the Works or facilities will be located on a public street or highway or any lands owned by the Municipality or any other public authority, the Owner shall, as a condition of this Agreement, keep in force until such works or facilities have been
approved by the Municipal Engineer a comprehensive plan of public liability and property damage insurance acceptable to the Municipality that provides insurance coverage in respect of any one occurrence to the limit of at least five million dollars ($5,000,000) exclusive of interest and costs, against loss or damage resulting from bodily injury to, or death of one or more persons and loss of or damage to property. The policy shall name the Municipality as a named insured. 13) The policy shall provide coverage against all claims for all damages or injury including death to any person or persons or damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission
on the part of the Owner or any of its servants or agents during the construction or maintenance of the works. The policy shall include completed operations coverage liability, blanket written contractual liability with respect to non-owned licensed vehicles and shall have no exclusion pertaining to shoring, blasting (unless a separate certificate of insurance for blasting is provided prior to the start of blasting),
excavating, underpinning, demolition, pile driving, caisson work and work below ground surface including tunnelling and grading. The issuance ofa policy of insurance shall not be construed as relieving the Owner from responsibility for other or larger claims, if any, for which the Municipality may be held responsible. 14) The Owner shall provide the Municipality with a Certificate of insurance in a form satisfactory to the Municipality together with such proof as the Municipality may require that all premiums on the policies of insurance have been paid and that they are in full force and effect. If the Owner fails to pay premiums or othen/vise keep the policies in force, the Municipality may pay premiums or take out additional policies as it considers necessary and the Owner shall pay all costs. 15) In the event the Owner is in default in the performance of any obligation under this Agreement and such default continues more than fifteen (15) days after the Municipality delivers written notice to the Owner requiring the Owner to remedy the default, the Municipality may, without further notice to the Owner, do such thing at the 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 manner as municipal taxes in accordance with the provisions of Section 446 of the Municipal Act, 2001, S.O., 2001, C. 25, as amended. 16) Time shall be of the essence of this Agreement and of any extension of time that may
be agreed upon by the parties. 17) The Municipality will make reasonable efforts with the number of personnel available to it to inspect the works and facilities to be constructed in accordance with the Site
Plan Drawings and this Agreement, but the Owner shall indemnify and save harmless the Municipality, its servants, agents and contractors from any responsibility or liability arising directly or indirectly from any failure or delay in completing such inspections.
18) 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 works and facilities and to perform any work arising from or the result of any default by the Owner under this Agreement. 19) 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. 20) The Owner agrees to pay the legal, engineering, landscape architectural, planning and administrative costs incurred by the Municipality to process the Site Plan Drawings,
including but not limited to, the preparation of this Agreement and all plans and specifications, and the supervision and inspection of the Works. 21) All invoices, costs and expenses received or incurred by the Municipality and payable by the Owner shall be paid within thirty (30) days of the Municipality’s invoice or demand for payment to the Owner, failing which the Owner shall be in default under
this agreement and shall continue in default until payment plus all accrued interest is made in full. 22) Interest shall be paid by the Owner on all overdue amounts at the same rate per annum and calculated in the same manner as the Municipality charges on overdue municipal taxes and any payments received shall be applied first on account of accumulated interest and then on the outstanding amount. 23) 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 conditions of this Agreement may be enforced against the Owner and any and all subsequent owners of the Owner’s Lands. 24) The Owner shall ensure that the requirements of this Agreement and the Site Plan Drawings are brought to the attention of its contractors, employees and workers prior to the start of any construction. 25) All covenants in this Agreement shall be construed as beingjoint 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 neuter gender,
as the case may be, were expressed. 26) Notwithstanding any other provision to the contrary, this Agreement shall, at the option of the Municipality, lapse and be of no further force and effect if the building permit expires or is revoked, or if construction of the building shown on the Site Plan
Drawings is not commenced within two (2) years of the date of this Agreement.
and agrees that nothing in this Agreement releases the Owner from the obligation to comply with the provisions of all other by—lawsof the Municipality that may now or in future be in effect.
The Owner covenants
Any dispute between the parties with respect to this Agreement shall, at the request of a party, be submitted to arbitration pursuant to the Arbitrations Act and the decision of the arbitrator or, if more than one, the decision of a majority shall be final and binding on the parties.
29) Each party shall pay its own costs of the arbitration and shall share equally the costs of the arbitrator(s). 30) The Owner agrees that if any section, clause or provision of this Agreement, is for any reason declared by a Court of competentjurisdiction 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 provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this Agreement shall remain in full force and effect, notwithstanding that one or more provisions
thereof shall be declared to be invalid. shall enure to and be binding upon the parties hereto, and their respective successors and assigns.
- This Agreement
IN WITNESS WHEREOF the parties hereto have by the hands and seals executed this agreement as of the first date set out above. SIGNED, SEALEDAND DELIVERED:
1809505 ONTARIO LIMITED
mp
ell, President
I have authority to bind the Corporation
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
RonVandewlMayor —
I
ha addock
—
Clerk
We have authority to bind the Corporation
SCHEDULE"A”
DESCRIPTIONOF LANDS
Legal Description: Part of Lot 19, Concession ll, District of Storrington, Township of South Frontenac, County of Frontenac '
PIN: 362941192
Civic Address: 3810 Perth Road
SCHEDULE"B" SECURITYFOR WORKS
In accordance with clause 8 of this Agreement, the Owner shall deposit with the Treasurer of the Municipality at the time of entering this Agreement a letter of credit or other security acceptable to the Municipality in the amount $40,625 as security for the performance of all the Owner’s obligations under this Agreement.
The parties acknowledge and agree that the amount of the security is based on the Site Works Opinion of Probable Construction Costs, dated May 20, 2022 prepared by Austin Engineering, which forms part of this Schedule. —
Upon completion to the satisfaction of the Municipality of the works and facilities to be constructed in accordance with this agreement and the performance by the Owner of all other obligations under this Agreement, and upon receipt of the certificate of the consulting engineer required by clause 9 of this Agreement, the security or any balance thereof remaining shall be returned to the Owner.
3810 PERTH Rd., INVERARY May-22 PL-SPC-2022-0052 SITE WORKS - Opinion of Probable Construction QUANTITY
DESCRIPTION
UNIT
Costs
RATE
TOTALS
This cost estimate has been prepared based on the site plan drawing by Austin Engineering, Revision 4, Dated May 20, 2022. The intent is to provide an estimate of direct construction costs, however, Austin Engineering does not guarantee actual tender or construction costs. The purpose of this cost estimate is to provide the owner with a budget framework to determine the required security for the proposed site plan agreement. Adverse market conditions, proprietary and/or sole source speci?cations, single sourcing of materials and equipment or reduced competition among contractors may cause bids to vary from reasonable estimates based on normal competitive conditions. This cost estimate is not a prediction of low bid and pricing assumes competitive bidding from multiple quali?ed contractors. Site prep, granular, site grading and compaction New asphalt paving Line painting
Bollards Signage Amenity area Tree planting TOTAL ESTIMATE
Allowance
$10,000
$10,000
m2
$25 $2,000 $4,000 $2,500 $2,000 $750
$60,000 $2,000 $4,000 $2,500 $2,000 $750
Allowance Allowance Allowance Allowance Allowance
81 250
SCHEDULE “C” SlTEPLANDRAWINGS Site Plan, Austin Engineering, Revision No. 4, dated May 20, 2022, Scale 1:300
Drawing SP2, Proposed Grade Plan, Hambly Group, dated 17-03-28, Professional Engineer stamped June 7, 2017, scale 1:300 Drawing SP3, Proposed Grade Plan, Hambly Group, dated 17-03-28, Professional Engineer stamped May 23, 2017, scale 1:300 Drawing SP4, Proposed Details, Hambly Group, dated 17-03-28, Professional Engineer stamped May 23, 2017, scale 1:300
Drawing SP5, Proposed Details, Hambly Group, dated 17-03-28, Professional Engineer stamped June 12, 2017, scale 12300
See copies attached.
The original of all plans listed in this schedule are on file in the office of the South Frontenac Development Services Department and shall govern in the event of any dispute.
SCHEDULE “D” GRANTSOF EASEMENTAND OTHERPUBLICLANDS
None required.
10
SCHEDULE"E"
MUNICIPALCONDITIONS
The Owner further covenants and agrees to develop the Owner’s Lands in accordance with the following Municipal Conditions: The fire route specified on Schedule ”B" Site Plan shall remain unobstructed, and it should be noted that there is no additional requirement for on—sitewater storage for fire protection. The access onto Perth Road is to be constructed and maintained to Township entrances as shown on Schedule specifications for commercial/industrial The Owner shall ensure that all exterior lighting and signs shall be installed in accordance with the Site Plan Drawings and direct any light emitted from them downwards and away from adjacent uses or streets in accordance with the approved plans. All exterior lighting is required to be dark sky compliant.
Allexterior garbage storage areas shall be constructed as indicated on the Site Plan Drawings. All works and facilities shall be constructed in a good and workmanlike manner and, where applicable, according to the Municipality’s normal standards and specifications.
The Owner shall take all reasonable precautions to reduce dust, noise and other nuisances and to ensure public safety during the development of the Owner’s Lands and construction of the works and facilities required by this Agreement; The Owner shall complete all landscaping and amenity areas within six months of obtaining an occupancy permit from the Chief Building Official. The Owner shall be responsible for installing and maintaining all sediment and erosion controls in accordance with best management practices prior to and during construction activities. The Owner agrees to obtain the approval of Hydro One Networks lnc prior to connecting to or relocating existing hydro services. ll.
The Owner shall develop the Owner’s Lands generally in accordance with the Municipality’s site plan control guidelines in effect on the date of this agreement, a copy of which the owner hereby acknowledges receiving.
‘l2.
The Owner shall ensure that any snow removed from the parking lot areas shall be stored within the designated areas identified on the Site Plan Drawings. Should the designated areas be insufficient, any additional snow shall be disposed of off—site and not in designated parking areas.
‘l5.
The Owner is required to obtain a permit for construction of the sewage system from the Municipality.
11
The conversion of any of the commercial space to a residential use shall require the submission of a Record of Site Condition prior to the issuance of any building permit for the residential use.
The Owner is required to ensure that the parking lot and all site plan requirements are completed prior to the release of securities.
12
SCHEDULE"F"
ENTRANCE OF COMMERCIA_L/INDUSTRIAL SPECIFICATION {mm MINISTRY OFTRANSPORTATION
ONTARIO
cs/as .E‘.__*_ 0,095
5,355
-23
——
4;
TRUCKACCESS
‘
'
-ALLTRUCKDESIGNVEHICLES DATE:1994»—-D1
L7
Ins-.1. _.
“AREAJO ,B£B5\1§L2..._
NOTES: Layout and curve offsets shown rcpreserré design wiihout ‘taper. For dssign wiih taper ‘Ihese vuhzes have to be_ cczlcumteci.
The compound cmvc is based on the manoeuvre of a WE—-15design vehicle. However!_.heentrance‘ WIII
accommodate anIargcr design ..’ehicIes.
V
TAPERLENGTH Based on Lari: GhimgeCr§‘I¢r$ur:1.'
so 70 so u°‘I§,‘;/i"’°dI '
Ic—pc«’.m
EDGE
J50’so
70
so
'
we J
75''
so
PAVEMENT
SCALE1:503
13
SCHEDULE"G" AND AGENCIES APPROVINGAUTHORITIES The Owner shall be responsible for obtaining all permits and approvals required for the development of the Owner’s Lands from all applicable agencies and authorities having jurisdiction, including but not limited to the following: APPLICABLE LAW 1.
AGENCY
The Ontario Building Code
The Township of South Frontenac Building Department 4432 George Street, PO Box 100 Sydenham, ON KOH2T0 Phone: (613) 376-3027
Sign Permit
The Township of South Frontenac Building Department 4432 George Street, PO Box 100 Sydenham, ON KOH2T0 Phone: (613) 376-3027
Entrance Permit
The Township of South Frontenac Public Services Department 2490 Keeley Road, PO Box 100 Sydenham, ON KOH2T0 Phone: (613) 376-3027
O. Reg. 148/06 Permit for Works in Regulated Areas
Cataraqui Conservation 1641 Perth Road, PO Box 160 Glenburnie, ON KOH1S0 Phone: (613) 546-4228
Labour Approvals
Ministry of Labour 51 Heakes Lane Kingston, ON K7M 9B1 Phone: (613) 545-0989
Public Water Connection Approvals
Utilities Kingston 85 Lappan Lane, P.O. Box 790 Kingston,ON K7L4x7 Phone: (613) 546-0000
Ontario Hydro
Ontario Hydro 1037 Sydenham Road, P.O. Box 910 Kingston, ON K7L4Y1 Phone: (800) 369-7536
14
Bell Canada
Bell Canada 450 Princess Street Floor 2, PO Box 460 Kingston, ON K7L1C2 Phone: (613) 389-4000
Cable
TVCOGECOKingston 170 Colborne Street Kingston, ON K7L5M7 Phone: (613) 544-6311
