3566-2022 Execute a Site Plan Agreement (Shouldice)

BEING A BY-LAW TO EXECUTE A SITE PLAN AGREEMENT

Passed by Council May 9, 2022

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3566-2022
BEING A BY-LAW TO EXECUTE A SITE PLAN AGREEMENT

WHEREAS authority is granted under Section 41(7) of the Planning Act, R.SO.
1990 C.P. 13 to enter into an agreement for the purposes of imposing site plan
control;

AND WHEREAS the council of the Corporation of the Township of Augusta deems it
advisable to enter into a Site Plan Control Agreement with Shouldice Trucking, legally
known as 2535727 Ontario Inc. respecting the development of property described as:
Part of Lot 3, Concession 2 being Part 2 of Reference Plan 15R-7837 in the
Township of Augusta

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

1 That the site plan agreement attached hereto as Appendix A’ shall form part
of this By-Law.

2. That the applicant shall deposit with the Treasurer of the Township of
Augusta funds in the amount of $2,000.00, to be held as a financial security
pending the satisfactory construction of the facilities as set out in the
Agreement.

3. That the Mayor and Clerk are hereby authorized to enter into the said
Agreement on behalf of the Corporation of the Township of Augusta and to
register the said agreement against the lands to which it applies pursuant to
the authority of Section 41(10) of the Planning Act, R.S.O. 1990 C.P. 13.

4. That By-Law 3294-2017 is hereby repealed.

5. This By-Law shall be in full force as of date of passing.

READ a first time this 9 day of May 2022.

READ a second time this 9 day of May 2022.

READ a third time and finally passed on this 9 day of May 2022.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

Appendix A By-Law 3566-2022

SITE PLAN AGREEMENT

THIS AGREEMENT made this _____ day of _____, 2022.

BETWEEN

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA (Hereinafter called “the MUNICIPALITY”) OF THE FIRST PART

-AND-

2535727 Ontario Inc. (SHOULDICE TRUCKING) (Hereinafter called “the OWNER”) OF THE SECOND PART

WHEREAS the Owner(s) has applied for site plan approval on lands herein described in Section 2 of this Agreement;

AND WHEREAS the intent of the Owner is to develop a trucking terminal in a highway commercial zone for the parking of transport tractors;

AND WHEREAS authority is granted pursuant to Section 41(7) (c) of the Planning Act to enter into agreements imposed as a condition to the approval of development;

AND WHEREAS the Owner(s) warrants that he/she is the Owner(s) of the lands described in Section 2 of this Agreement;

AND WHEREAS the Parties hereto have agreed that the specific provisions as set forth herein shall be met by the Owner(s) as a condition to the approval of the development of the subject lands;

NOW THIS AGREEMENT WITNESSETH that in consideration of the approval by Council of the Site Plan Drawings and other good and valuable consideration, the Owner hereby agrees with the Municipality as follows:

1. DEFINITIONS
In this Agreement:

Chief Building Official shall mean the Chief Building Official of the Township of Augusta as appointed under the Building Code Act;

Clerk shall mean the clerk of the Township of Augusta;

Council shall mean the (elected) Council of the Township of Augusta;

Environmental Compliance Approval shall mean an approval issued under the Authority of the Ontario Water Resources Act, the Environmental Protection Act or other applicable provincial legislation for the sanitary sewage works, water works and storm sewer works or a portion thereof;

Owner includes an individual, an association, a partnership or a corporation or contractor carrying out any works for the Owner.

Municipality shall mean the Corporation of the Township of Augusta.

2. LANDS AFFECTED
The lands affected by this Agreement are located on part of Lot 3, Concession 2, being Part 2 of Reference Plan 15R-7837 in the Township of Augusta, United Counties of Leeds and Grenville as shown on Schedule “A” attached hereto and forming part of this Agreement.

3. SCHEDULES TO THE AGREEMENT
The following Schedules are attached to and form part of this Agreement:

4. SCOPE OF WORK AND ADMINISTRATION:

A. The Owner represents and warrants that he/she is the registered and beneficial owner of the Lands described in Schedule “B”.

B. The Owner covenants and agrees to prepare entirely at its own cost and expense all plans, specifications, profiles, contours, and other engineering material, drawings and data required, in the opinion of the Township acting reasonably, to implement this Agreement.

C. 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.

D. The Owner covenants and agrees to construct and install all of the works, as the case may be and as more particularly set out in this Agreement.

E. If the Owner improperly performs the work or abandons any part of the work before its completion, or unreasonably delays the work so that the conditions of this Agreement are being violated, or fails to carry out maintenance or repairs required by this Agreement, then in any such case the Clerk shall promptly notify the Owner in writing of such default, failure, delay or neglect, and if such default, failure, delay or neglect continues for fifteen (15) clear days after such notice then in that case the Municipality shall thereupon have full authority and power to immediately complete the work in accordance with good engineering or landscaping practice at the Owner’s expense; and to add the cost thereof to the Collector’s Roll for the said lands and to collect the said costs, with interest, in like manner as municipal taxes.

F. 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 and shall exercise due diligence at all times with respect to the design
and construction of all matters associated with this project.

G. The Owner acknowledges and agrees that all materials to be supplied by the Owner with respect to the development shall be of good quality and appropriate in design and construction for the facilities to be installed to be installed.

H. The Owner shall deliver to the Municipality those deeds or grants of easement or rights-of-way set out on Schedule “D”.

5. OTHER APPROVALS
Prior to the commencement of any construction, the Owner shall at its own cost obtain all other permits and approvals that may be required by any other agency or authority having jurisdiction including, but not limited to the Ministry of Transportation and the Ministry of the Environment and Climate Change. The Owner further covenants and agrees that nothing in this Agreement releases the Owner from the obligation to comply with the provisions of all other by-laws of the Municipality that may now or in future be in effect.

6. SITE PLAN DRAWING
All construction shall comply with recommendations included in Schedule F – Acoustic Study and Schedule G – Lighting Study.
The Owner shall, at its sole risk and expense and to the satisfaction of the Municipality, construct, extend, install, maintain, reinstate, restore or retain all buildings, structures, other works and landscaping in compliance with the site plan drawings as set out in Schedule “C” and all other terms of this Agreement.
The Owner further acknowledges and agrees that the site plan drawing set out in Schedule ‘C’ to this Agreement shall not be altered except by an amendment to this Agreement and shall be subject to the prior approval of the Municipality. The parking spaces as illustrated on the site plan drawing shall and are hereby acknowledged as the designated parking spaces for the transport tractors.

7. SEWAGE DISPOSAL
The Owner agrees to comply with the Ontario Building Code Act or the Ontario Water Resources Act whichever applies with respect to the future installation of any sanitary sewage works and further shall comply with any Environmental Compliance Approval (ECA) issued by the Ministry of the Environment and Climate Change, if required. The Owner shall provide a copy of all permits or approvals issued by the approval authority to the Municipality upon demand.

8. WATER SUPPLY
The Owner agrees to comply with the requirements of the Ontario Water Resources Act with respect to the future installation of any water works and further shall comply with any Environmental Compliance Approval issued by the Ministry of the Environment and Climate Change. The Owner shall provide a copy of all approvals issued by the approval authority to the Municipality upon demand.

9. DRAINAGE AND SITE ALTERATION
Drainage and site alterations shall comply with the Grading and Stormwater Management Plan attached as schedule H.
The Owner acknowledges that only minimal alteration to the subject lands shall be permitted through minor grading and gravelling provided that the alterations do not affect the existing drainage pattern of the property. The Owner hereby agrees that no contouring, grading, filling, cutting, site alteration, or changes to elevation or paving shall be undertaken except in conformity to an approved drainage and site alteration plan and that such changes shall be by way of an amendment to this Agreement. The owner agrees that any such alterations shall be designed by a professional engineer and shall be subject to approvals as may be determined by the Municipality.

The Owner further agrees that no site alteration shall be permitted on the wetland area running along the northern perimeter of the subject lands.

10. LANDSCAPING The Owner acknowledges that no landscaping requirements apply to the subject lands; however, the Agreement is not intended to limit the Owner from undertaking minor cosmetic plantings of native species such as trees or bushes or the installation of a grassed area provided such plantings comply with subjection 9 above.

11. ZONING AND BUILDING RESTRICTIONS
The Municipality shall regulate by by-law the zoning of and the building standards in all areas where applicable within the boundaries of the lands affected by this Agreement. It is understood and agreed that nothing in this Agreement shall relieve the Owner of the obligation to comply at all times, including during construction if so directed by the Chief Building Official, with the Zoning By-law, as amended and any building by-law of the Municipality.

12. BUILDING PERMITS – DEFAULT
Pursuant to the Building Code Act, the Owner agrees that building permits may be withheld or the issue of them stopped, if the Owner, in the opinion of the Chief Building Official is in default under this Agreement, until such time as such default can be rectified.

13. TIMING
Except as may otherwise be provided for in this Agreement, the Owner shall complete the construction of all works and facilities within one calendar year 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.

14. INDEMNITY
The Owner(s) on behalf of itself, its successors and assigns entitled hereto covenants and agrees to indemnify and save harmless the Municipality from all actions, causes of action, duties, claims or demands whatsoever which arise directly or by reason of the development of the lands governed by this Agreement including the construction and maintenance of any works.

15. NOTICES
Any notices required to be given hereunder may be given by registered mail addressed in the case of the Municipality to:

Clerk
Township of Augusta
3560 County Road 26
R. R. # 2
PRESCOTT ON K0E 1T0
Tel. (613) 925-4231. Fax. (613) 925-3499

And in the case of the Owner to:

Mr. Stan Shouldice
2535727 Ontario Inc. (Shouldice Trucking)
3820 Leitrim Road
GLOUCESTER ON K1G 3N4
Tel. (613) 822-8568. Fax. (613) 822-3291

and shall be effective as of the date of deposit thereof in the post offices or such notice may be served personally upon the appropriate officer of either party hereto named.

16. SUBSEQUENT PARTIES
This Agreement shall be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns.

17. REGISTRATION OF AGREEMENT
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. The Owner shall not make any application or permit or authorize any person to make application, to remove notice of this Agreement from the title to the Lands.

18. RIGHT TO ENTER AND INSPECTION OF WORKS
The Owner(s) agree(s) to carry out the works in accordance with the terms and conditions specified herein. In default of the Owner(s) completing the works as required herein and in addition to any other remedy, the Owner(s) hereby authorizes the Municipality, its officers, servants, agents and employees to enter on the subject lands and to complete the works at the Owner(s)’ expense; and to add the cost thereof to the Collector’s Roll for the said lands and to collect the said costs, with interest, in like manner as municipal taxes.

19. MUNICIPAL FEES
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.

20. FINANCIAL SECURITY
Before this Agreement is executed by the Municipality, the Owner shall deposit with the Municipality a sufficient sum in cash or an irrevocable letter of credit or other financial security acceptable to the Council and herein referred to as the “financial security” to meet the financial requirements of this Agreement as set out in Schedule “B”. If such letters of credit or other financial security contains an expiry or termination date, then, until the final acceptance of the works by Council, the Owner shall continue to redeposit new irrevocable letters of credit or financial security in the same manner as provided in the preamble of this clause until the final acceptance of the works by Council.
Upon approval of the required works by the Municipality, the Municipality agrees to release the financial security. The approval of such works or part thereof shall be dated as of the date of the Owner’s application for approval thereof or following the inspection of same by the Municipality.

21. DEFAULT AND RELEASE OF SECURITY
After having first notified the Owner, the Municipality may at any time authorize use of the whole or part of the amount of the financial security referred to in Schedule “B” thereof to pay the cost of any work that the Municipality 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.

22. SEVERABILITY
It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force.

23. INTERPRETATION
All covenants in this Agreement shall be construed 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 neuter gender, as the case may be, were expressed.

24. LAPSINGOF AGREEMENT
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 years of the date of this Agreement.

25. ARBITRATION
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.
Each party shall pay its own costs of the arbitration and shall share equally the
costs of the arbitrator(s).

WITNESS the signature and seal of the parties hereto.

THE CORPORATION OF THE TOWNSHIP
OF AUGUSTA

Signed by Mayor Doug Malanka and Clerk Annette Simonian

-AND-

2535727 Ontario Inc. (Shouldice Trucking)

Signed by the Owners and Witnessed by CAO Steve McDonald

THIS AGREEMENT IS AUTHORIZED BY BY-LAW NO. 3566-2022.
DATED THIS _____ DAY OF 2022.

Schedule “A”

LANDS AFFECTED BY THIS AGREEMENT

The lands affected by this Agreement are located on part of Lot 3, Concession 2, being Part 2 of Reference Plan 15R-7837 in the Township of Augusta, United Counties of Leeds and Grenville as shown on Schedule “A” attached hereto and forming part of this Agreement.

Schedule “B”

ESTIMATED COST OF WORKS

AND/OR FINANCIAL SECURITY

Minor Site Alterations = $ 2,000

Construction of Buildings and sewage to zoning requirements = $ n/a

TOTAL COST = $2,000.00

In accordance with clause 20 of this Agreement, the Owner shall deposit with the Treasurer of the Municipality at the time of entering this Agreement cash or a letter of credit in the amount 100% or $2,000 as security for the performance of the Owner’s obligations under this Agreement.

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, the security or any balance thereof remaining shall be returned without interest to the Owner.

Schedule “C”

SITE PLAN DRAWINGS

Site plan drawing is hereby understood to include the following:

THE ORIGINAL SITE PLAN DRAWING IS NOW ON FILE IN THE MUNICIPAL OFFICES AND SHALL BE REFERRED TO IN THE EVENT OF ANY DISPUTE.

Schedule “D”

GRANTS OF EASEMENT AND OTHER PUBLIC LANDS

None

Schedule “E”

SPECIFICATIONS

1. Minor Alterations

Shall be limited to minor gravelling and grading on the site to provide for parking spaces for tractors (transport vehicles). No on-site paving or other site alteration of the subject lands is permitted without an amendment to this Agreement.

Schedule “F”

Acoustic Study