3446-2019 Authorize a Site Plan Control Agreement (Marshall)
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN CONTROL AGREEMENT
Passed by Council November 13, 2019
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3446-2019
A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN CONTROL
AGREEMENT
WHEREAS the Council of the Corporation of the Township of Augusta deems it
advisable to enter into a Site Plan Control Agreement with Elaine Marshall respecting the
development of a property described as:
Part of Lot 3, Concession 3, Geographic Township of Augusta,
Part 1 on Plan 15R7471,
Township of Augusta, United Counties of Leeds and Grenville
Roll No. 070600001503101000
AND WHEREAS Authority is granted under Section 41 of the Planning Act, RSO 1990,
c.P.13, as amended, to the Council of the Corporation of the Township of Augusta to
enter into such an agreement;
NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts as
follows:
1. That the Mayor and Clerk be and are hereby authorized to execute an agreement
with Elaine Marshall.
2. THAT schedule A hereto attached forms part of this by-law.
Read a first and second time this 13 day of November 2019.
Read a third time and passed this 13 day of November 2019.
Signed by Mayor Doug Malanka and Deputy Clerk Ray Morrison
Appendix A By-law 3446-2019
SITE PLAN CONTROL AGREEMENT
The Corporation of the
Township of Augusta
and
Elaine Marshall
November 13, 2019
THIS AGREEMENT made this 13 day of January, 2020.
BETWEEN:
Elaine Marshall
hereinafter called the “OWNER’
of the first part
AND:
The Corporation of the Township of Augusta
hereinafter called the “TOWNSHIP’
of the second part
WHEREAS the Council of the Corporation of the Township of Augusta has approved the application
for site plan control submitted by Dave Marshall;
AND WHEREAS the Owner has represented to the Township that the lands described as in Schedule
“A” and located in Part of Lot 3, Concession 3, in the Township of Augusta, are owned by the Owner;
AND WHEREAS the described lands are zoned Village Commercial (CV) under the Township’s Zoning
By-Law 2965, as amended;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of other valuable
considerations and the sum of two dollar ($2.00) of lawful money of Canada, now paid by the
Township to the Owner (receipt whereof is hereby acknowledged), the Owner hereby covenants,
promises and agrees with the Township as follows:
1.0 SCHEDULES
The following are the schedules attached hereto and incorporated in this Agreement by
reference and are deemed to be a part hereof:
Schedule “A” – Legal Description of the Land to which this Agreement Applies
Schedule “B” – Plans and Reports
Schedule “C” — Conditions
2.0 CONFORMITY WITH SCHEDULES
The Owner agrees to construct the proposed development in substantial conformity in all
respects with the Schedules hereto which form part of this Agreement. No buildings or works
shall be erected on the lands other than those erected insubstantial conformity with the said
Schedules. It is understood and agreed that written approval of the Township, in a form
determined solely by the Township is required prior to any departure from the specifications
of the said Schedules being undertaken.
3.0 COMMENCEMENT OF DEVELOPMENT
The Owner covenants that it shall:
a) The Owner at their sole expense shall register this agreement on title against the
Land; (initialed change)
b) Obtain all necessary permits and authorizations.
4.0 SITE DEVELOPMENT
The location of the buildings and the location of other facilities such as access lanes, fencing
and drainage works shall conform to the Plans attached in Schedule “B” to this Agreement,
provided always that minor changes to such plans may be made by the Owner with the
consent of the Township.
5.0 CERTIFICATE OF COMPLIANCE
Upon the substantial completion of all matters and things to be provided and maintained by
the Owner pursuant to this Agreement to the satisfaction of the Township, the Owner shall be
entitled to obtain a Certificate of Compliance from the Township confirming that all provisions
of this Agreement have been complied with in full to the date of such Certificate.
6.0 The Owner shall forward to the Township, a Certificate of Liability Insurance. This Certificate
of Insurance shall be signed by an authorized employee of the Insurance Company providing
the insurance.
7.0 DEFAULT
The Owner acknowledges and agrees that failure to comply with any term or condition herein
may result in the Township taking such action, as deemed appropriate by the Township, to
enforce compliance. After having first notified the Owner, the Township may at any time
authorize the use of the whole or any part of the amount of the financial security to pay the
cost of any work that the Township’s Engineer deems necessary to rectify default by the
Owner or its assigns, or to pay the cost of any matter for which the Owner is liable under this
Agreement, whether such cost is in relation to construction or installation of any works or
service or any defects or required maintenance:
a) In the event of a default by the Owner or its successors or assigns in the provision
and maintenance of all matters and things required to be done by it pursuant to this
Agreement, including warranty items, the Township may, at the expense of the Owner,
enter upon the Owners Land and do all such matters and things as are in default. The
Township may by Resolution authorize the use of any or all of the financial security
deposited with the Township pursuant to this Agreement to pay for the cost to the
Township of carrying out such matters and things. “Cost” and “expense of the
Owner” in this clause shall be the actual cost incurred by the Township plus up to
15% of such cost as a charge for overhead. Any costs incurred by the Township
pursuant to this clause which are in excess of the amount of any financial security
held by the Township pursuant to this Agreement shall be paid by the Owner to the
Township within thirty (30) days of the mailing of an invoice by the Township to the
Owner and any costs referred to in this clause may be recovered by the Township in
like manner as municipal taxes pursuant to the provisions of the Municipal Act.
b) The Owner agrees that the entry and performance of works or procedures by the
Township as herein provided shall not constitute a trespass and the Township shall
not be responsible for any damages caused in the performance of such work except
such damages as may be directly caused by the negligence of the agents,
contractors, servants or workmen of the Township.
8.0 WORK AT OWNER’S RISK
The conditions, facilities and matters as shown in Schedule “B” annexed hereto shall be
provided and maintained by the Owner at his sole risk and expense and to the satisfaction of
the Township, and that in default thereof, the provisions of the Planning Act and Municipal
Act shall apply.
9.0 FACILITIES AND WORK TO BE PROVIDED
The Owner covenants and agrees to provide and maintain, at its sole expense, each and every
facility, work or other matter illustrated on the schedules attached hereto or otherwise
required by the terms of this Agreement, all to the satisfaction of the Township. The Owner
further agrees to engage qualified professionals, where required, to advise, to design and to
carry out any of the work undertaken under the terms of this Agreement. Without in any way
limiting the generality of the foregoing, the Owner covenants and agrees with the Township
to:
a) grade, alter in elevation and/or contour the Land, construct a storm sewer system and
make sufficient outlet to adequately serve the Land and the development proposed
thereon in accordance with the plans attached in Schedule “B” annexed hereto;
b) landscape, plant, and maintain all of the Land to be developed hereunder not required
for building, parking, roads, walkways, or patios so as at all times to provide effective
green areas enhancing the general appearance of the development contemplated
herein, said planting and landscaping shall be in accordance with the Site Plan as
approved by the Township as illustrated in Schedule “B” annexed hereto;
10.0 COMPLIANCE WITH OTHER REGULATIONS
Nothing in this Agreement shall exempt the Owner from complying with the requirements of
any valid, current and relevant by-law and legislation affecting the Land, or from applying for
and obtaining any permit, license, permission, authority or approval required by the Township
or by any other restrictions lawfully imposed by an authority having jurisdiction to make such
restrictions.
11.0 SUCCESSORS AND ASSIGNS
The covenants, agreements and conditions herein contained on the part of the Owner shall
run with the land and shall be binding upon the parties hereto and their successors and
assigns.
12.0 INDEMNIFICATION
The Owner shall indemnify the Township and each of its officers, servants and agents from all
loss, damage(s), costs, expenses, claims, demands, actions, suits or other proceedings of
every nature and kind, arising from or in consequence of the execution, non-execution or
imperfect execution of any of the work hereinbefore mentioned or of the supply nor nonsupply
of materials therefore, whether such loss, damage(s), costs, expenses, claims,
demands, actions, suits or other proceedings arise by reason of negligence or without
negligence on the part of the Owner or its contractors, officers, servants, or agents, or
whether such loss, damage(s), costs, expenses, claims, demands, actions, suits or other
proceedings are occasioned to or made or brought against the Owner or its contractor,
officers, servants or agents, or the Township, its officers, servants or agents.
IN WITNESS WHEREOF the Owner has hereunto set his Hand and Seal or affixed the Corporate Seal
of the Company duly attested to by its proper officers in that behalf.
DATED AT THE TOWNSHIP OF AUGUSTA this 13 day of January, 2020
SIGNED, SEALED AND DELIVERED
in the presence of
Signed by Elaine Marshall
(I have authority to bind the Corporation)
N WITNESS WHEREOF the Corporation of the Township of Augusta has hereunto affixed its
Corporate Seal duly attested to by its Mayor and Clerk.
DATED AT the Township of Augusta this 13 day of January 2020
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
Signed by Mayor Doug Malanka and Clerk Annette Simonian
SCHEDULE “A”
Legal Description of the Land to which this Agreement Applies
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the
Township of Augusta and BEING COMPOSED of:
INSERT DESCRIPTION
Part of Lot 3, Concession 3, Geographic Township of Augusta,
Part 1 on Plan 15R7471,
Township of Augusta, United Counties of Leeds and Grenville
Roll No. 070600001503101000
SCHEDULE “B”
Plans and Reports
The site Plan approval is comprised of the following plans and reports, which may be amended from
time to time, as approved by the Township of Augusta.
Plans:
1. Site Plan, Project ID Number 966, Sheet Number SPI, prepared by Annable Designs, Revision
01, Revision 01, dated July 8, 2019.
2. Architectural Plans, Project ID 942, Sheet Numbers AO.1, All, A1.2, A1.3, A2.1, A2.2, A4.1,
A4.1 and A5.1, prepared by Annable Designs, Revision 05, dated March 29, 2019
SCHEDULE “C”
Conditions
Standard Conditions
1. The Owner shall enter into a site plan agreement, which shall include provisions for
financial security to the satisfaction of the Township, and the following conditions. In the
event that the Owner fails to enter into such agreement within 1 year, this approval shall
lapse.
2. The Owner shall obtain such permits as may be required from Municipal or Counties
authorities and shall file copies thereof with the Township.
3. The Owner agrees that the site shall be developed in accordance with the approved plans.
4. The Owner shall reinstate at its expense, to the satisfaction of the Township, any property
of the Township, including, but not limited to roads, entrances, sidewalks and curbs,
boulevards, that are damaged as a result of the subject development.
5. The Owner acknowledges and agrees to provide the Township, upon completion of all
works, certification that all works have been completed in conformity with the approved
plans.
6. The Owner agrees to comply with any and all requirements of the relevant utility
companies.
Special Conditions
7. The Owner shall obtain a permit from the Leeds, Grenville, and Lanark District Health Unit
for the Septic System.
