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2833-2010 Agreement with Chantal Baribeau

2833-2010 Agreement with Chantal Baribeau

BEING A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF AUGUSTA AND CHANTAL BARIBEAU

Passed by Council June 14, 2010


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 2833
A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
AND
CHANTAL BARIBEAU

WHEREAS the Municipal Act, 2001 c. 25 SO. 2001 section 8 allows for the Powers of a
Natural Person and those powers may include the entering into an agreement.

NOW THEREFORE the Council of the Corporation of the Township of Augusta hereby enacts
as follows:

1. That the Corporation of the Township of Augusta enter into an agreement with Chantal
Baribeau.

2. That the CAO is hereby authorized to execute the agreement with Chantal Baribeau.

READ a first and second time this 14th day of June, 2010.

READ a third time and passed this l4 day of June, 2010.

 

THIS AGREEMENT made this 8th day of June, 2010
BETWEEN: THE Township of Augusta,
hereinafter called the “Corporation”,
OF THE FIRST PART
– and –
Chantal Baribeau
hereinafter called the “Owner”,
OF THE SECOND PART.

WHEREAS the “Owner” is the Owner of the lands and premises described as Part
of Lot 26, Concession 2, Township of Augusta, County of Grenville; with municipal address
2318 2nd Concession Rd, RR#1 Brockville, Ontario.

AND WHEREAS the Owner has applied for a building permit to construct a Facility
for goalie training at 2318 2nd Concession Rd, RR#1 Brockville, as shown the plans
attached hereto as Schedule “A”;

AND WHEREAS the Owner shall undertake to submit an Application for Zoning By
Law Amendment to the Council of the Township of Augusta, with respect to a Rezoning of
the property from Al Restricted Rural to A2 General Rural to permit the goalie training
facility.

AND WHEREAS the Council of the Township of Augusta will grant a decision on
application for rezoning;

AND WHEREAS an appeal period to the decision of the Council of the Township of
Augusta is required prior to final approval of its decision;

AND WHEREAS Section 8(3) of the Building Code Act, 1992, Chapter 23, S.O.
allows the issuance of conditional permits and agreements relating thereto;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
mutual covenants hereinafter contained the parties hereto hereby covenant and agree as
follows:

1. A building permit will be issued by the Chief Building Official of the Corporation for
the footings and foundation with respect to the future construction of a Facility for
Goalie Training as described in Schedule “A” hereto attached, prior to the rezoning
of the property and the decision of the Council of the Township of Augusta, and
prior to the end of the required appeal period.

2. The Owner hereby covenants and agrees to indemnify the Corporation and its
servants and employees and save harmless the said Corporation and its servants
and employees from all actions, causes of actions, claims and demands of every
nature and kind whatsoever arising out of the said issuance of a building permit.

3. The Owner hereby covenants and agrees that should the Rezoning be denied by
the Council of the Township of Augusta, or should an appeal to the Ontario
Municipal Board with regards to the said Rezoning be allowed, the Owner is
responsible to ensure that the drainage on the subject lands is reinstated to a
condition that is acceptable to the Public Works Department of the Township of
Augusta.

IN WITNESS THEREOF the Corporation has caused its Corporate Seal to be
affixed as attested to by the hands of its proper Officers in that behalf and the Owner has
hereunto set his hand and seal.

Signed by CAO Richard Bennett and Chantal Baribeau

 

NOTE: Schedule A not attached.

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