Appendix A By-law 3536-2021
SITE PLAN CONTROL AGREEMENT
The Corporation of the Township of Augusta
Rob Thompson Developments Ltd.
September 27, 2021
THIS AGREEMENT made this _______ day of ______________________, 2021
Rob Thompson Developments Ltd.
hereinafter called the “OWNER”
of the first part
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 Rob Thompson Developments Ltd.;
AND WHEREAS the Owner has represented to the Township that the lands described as in Schedule “A” and located in Part of Lot 5, Concession 1, in the Township of Augusta, are owned by the Owner;
AND WHEREAS the described lands are zoned [Village Residential – Special Exception (RV-X2)] 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:
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
Schedule “D” – Town of Prescott By-law No. 46-2020, Being a by-law to authorize a Water and Wastewater Servicing Agreement between the Corporation of the Town of Prescott and the Corporation of the Township of Augusta for the property located at 1686 County Road 2, Township of Augusta; includes Appendix A – Water and Wastewater Servicing Agreement, as amended September 13, 2021
Schedule “E” – Financing Agreement Between the Owner and the Township
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 in substantial 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) At the Owner’s sole expense, register this agreement on title against the Land;
b) Obtain all necessary permits and authorizations.
4.0 SITE DEVELOPMENT
a) 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.
b) Should there be future development to the north or the west of the subject property, the Owner shall grant access to the water and sewer on the Owner’s property for future expansion to such use and development with no remuneration required to the Owner. Any disruption to the landscape of the subject property relating to the use and development of specific lands to the north or the west of the subject property will be reinstated by the owners of those specific lands to the north or to the west at no cost to the Owner.
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 CERTIFICATE OF INSURANCE
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.
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 be determined by mutual agreement between the Owner and the Township, to be provided as cash, performance bond, or a bank letter of credit, to pay the cost of any work that the Township’s Engineer deems necessary to rectify default by the Owner or its assignees, 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) Upon use of any amount of the financial security by the Township, the Owner agrees to replenish the full balance within thirty (30) days.
b) In the event of a default by the Owner or its successors or assignees in the provision and maintenance of any 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 Owner’s Land and do any 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.
c) In the event of a default by the Owner or its successors, the balance of all outstanding municipal fees and charges associated with the connection of water and sewer utilities to the dwelling units may be attached to the property taxes as a Special Purpose Charge, in accordance with the Financing Agreement attached in Schedule “E” annexed hereto.
d) 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.
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 non-supply 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 __ day of _________________, 2021.
SIGNED, SEALED AND DELIVERED
in the presence of
(I have authority to bind the Corporation)
IN 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 _____day of _______________, 2021.
SIGNED, SEALED AND DELIVERED )
in the presence of THE CORPORATION OF THETOWNSHIP OF AUGUSTA
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:
PT LT 5 CON 1 AUGUSTA AND PT LT V PL 19 PRESCOTT AS
IN PR216846 EXCEPT PT 7 15R6681; T/W & S/T PR216846;
S/T AG13427; AUGUSTA/PRESCOTT
Township of Augusta, United Counties of Leeds and Grenville
Roll No. 070600001000600
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.
- Site Plan, Project Number 117106, Drawing Number C-100, prepared by IBI Group, Revision 5, dated August 19, 2021.
- Site Servicing Plan, Project Number 117106, Drawing Number C-200, prepared by IBI Group, Revision 5, dated August 19, 2021.
- Grading Plan, Project Number 117106, Drawing Number C-300, prepared by IBI Group, Revision 5, dated August 19, 2021.
- Details Plan, Project Number 117106, Drawing Number C-400, prepared by IBI Group, Revision 4, dated February 12, 2021.
- Sediment & Erosion Removals Plan, Project Number 117106, Drawing Number C-500, prepared by IBI Group, Revision 1, dated August 22, 2019.
- Registered Plan of Survey of Part of Lot 5, Concession 1, Township of Augusta, County of Grenville, prepared by Annis, O’Sullivan, Vollebekk Ltd., Job Number 2021-15-027, deposited May 3, 2021.
- Servicing and Stormwater Management Report, Augusta Landing, 1686 King Street West, Township of Augusta, prepared by IBI Group, Version 3, dated November 10, 2020.
- The Owner shall obtain such permits as may be required from Municipal or Counties authorities and shall file copies thereof with the Township.
- The Owner agrees that the site shall be developed in accordance with the approved plans.
- 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.
- 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.
- The Owner agrees to comply with any and all requirements of the relevant utility companies.
- The Owner shall satisfy the Ministry of Environment, Conservation and Parks with respect to the Provincial Environmental Compliance Approval (ECA) application process.
- The Owner shall address stormwater management and source water protection recommendations to the satisfaction of South Nation Conservation and the Township.
- The Owner shall address road widening, entrance permit, and water discharge/stormwater management considerations to the satisfaction of the United Counties of Leeds and Grenville.
- The Owner shall provide a streetlight and stop sign at the intersection of the driveway and County Road 2, to the satisfaction of the United Counties of Leeds and Grenville and the Township.
- The Owner shall ensure that appropriately sized backup generators are installed and maintained by the Owner for any sewage-related pumping mechanisms.
- The Owner shall be responsible for ongoing monitoring and maintenance of the sediment and erosion control system by qualified companies.
- The Owner shall provide adequate pedestrian pathway lighting for residents up to the Town of Prescott sidewalk connection.
- The Owner agrees to pay the full cost of connecting water and sewer utilities to the Township pursuant to Town of Prescott By-law 12-2014 as amended, Being a By-law to establish water and sewer unit calculations and associated fees and charges in the Town of Prescott, in addition to any associated fees and charges owing to the Township in accordance with the Financing Agreement in Schedule “E” annexed hereto. In the event that the Owner and the Town of Prescott reach a separate agreement to install a water loop within the property, any additional costs related to that agreement will be considered separate from this clause.
Town of Prescott By-law No. 46-2020, Being a By-law to authorize a Water and Wastewater Servicing Agreement between the Corporation of the Town of Prescott and the Corporation of the Township of Augusta for the property located at 1686 County Road 2, Township of Augusta; includes Appendix A as amended September 13, 2021.
Financing Agreement Between the Owner and the Township
The Township of Augusta (“the Township”) and Rob Thompson Developments Ltd. (“the Owner”) agree that:
- In accordance with the Servicing Agreement signed between the Corporation of the Town of Prescott and the Corporation of the Township of Augusta, the Township agrees to pay to the Town of Prescott a water and sewer capital charge of $10,178.65 multiplied by the water/sewer allocation of 0.85 per dwelling unit. This amounts to a total capital charge of $173,037 (10,178.65*.85*20 units).
- The Owner will reimburse the Township for the fees by monthly payments in the amount of $931.33 on the following terms:
a. Amount: $173,037 (10,178.65*.85*20 Units)
b. Amortization Period: 20 years
c. Term: 5 years, non-renewable, non-transferrable, due and payable in 5 years
d. Interest Rate: 2.67% per annum, calculated monthly, not in advance, the Township’s borrowing rate on date agreement signed.
e. Interest Adjustment Date: The first day of the month following the Township’s payment of the fee.
f. First Payment date: The first day of the month following the determined
Interest Adjustment Date.
- This loan is to be secured by a first mortgage, or by a second mortgage where the first mortgage does not exceed $7,000,000.