THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE OWNERS OF LANDS LOCATED IN PART OF BOSTWICK ISLAND, REGISTERED PLAN 120 IN THE ST. LAWRENCE RIVER, GEOGRAPHIC TOWNSHIP OF FRONT OF LEEDS AND LANSDOWNE, AND HAVING PINS {L T) AND {L T). WHEREAS Section 51 (26) of the Planning Act, R.S.O.1990 c.p.13, as amended, allows Council to enter into such as agreement as a condition of approval of an application for Consent; NOW THEREFORE the Council for the Corporation of the Township of Leeds and the Thousand Islands resolves as follows: 1. That the Mayor and Clerk are authorized to sign and duly execute the agreement attached hereto as Schedule 'A' to this By-law; and 2. That this By-law shall take full force and effect upon the final passage thereof. READ A FIRST AND SECOND TIME THIS 11TH DAY OF MARCH, READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF MARCH, 2013.

2 Bostwick Island, Plan 120 in the St. Lawrence River, Schedule A to By-law No. l3-di L AGREEMENT made in duplicate this 11# day of March, BETWEEN: Alan Marshall, Susan G. Geiler, Kimberly Geiler, Geoffrey P. Marshall, and Wayne S. Marshall Hereinafter called the Owner - and- The Corporation of The Township of Leeds and the Thousand Islands Hereinafter called the Corporation WHEREAS the Owner is the owner of certain lands being located in part of Bostwick Island or Yorke Island, Registered Plan 120 in the St. Lawrence River, geographic Township of Front of Leeds and Lansdowne, as more particularly described in Schedule A to this agreement; AND whereas the Owner desires to develop the lands for residential use; AND WHEREAS the Owner warrants and represents that he is the owner of the lands; AND WHEREAS Section 51 (26) of the Planning Act, R.S.O c.p.13. as amended, allows the Corporation to Enter into such an agreement as a condition of approval and that the agreement may be registered against the lands to which it applies; AND WHEREAS in consideration of consent application B-27-12, the Owner is required to enter into an agreement with the Corporation to address certain conditions; AND WHEREAS the Corporation has, under By-law No. 13-ol2 authorized the Mayor and Clerk to execute this agreement on behalf of the Corporation; NOW THEREFORE in consideration of the sum of one dollar ($1.00) of lawful Canadian money now paid by the Owner to the Corporation, the receipt of which is hereby acknowledged, and in other good and valuable consideration, the parties agree as follows: 1.0 LANDS TO BE BOUND 1.1 The lands affected by this Agreement are as set out in Schedule A hereto attached. Development of such lands for residential purposes shall be in accordance with this agreement. 2.0 COMPONENTS OF THE AGREEMENT 2.1 The text, consisting of Sections 1 through 10, and the following Schedules are attached hereto and form part of this Agreement as if the same were embodied herein, constitute the components of the Agreement: Schedule A Schedule B Legal Description of the Lands being developed and to which this Agreement applies Sketch for Consent Application B-27-12, for which this agreement fulfills a condition of the approval thereof. 3.0 PROVISIONS 3.1 That, prior to the granting of a building permit on the lands, the appropriate approvals from the applicable Conservation Authority must be obtained for any development or site alteration (including the placement or removal of fill) on the lands within 15 metres of an erosion or flooding hazard, or within 30 metres of the Locally Significant Wetland, and for any in-water works.

3 Bostwick Island, Plan 120 in the St. Lawrence River, 3.2 That, prior to the granting of a building permit on the portion of the lands identified as "Retained" in Schedule B to this agreement, the Owner must demonstrate that the proposed development (dwelling, septic disposal system, accessory buildings or structures) is setback at least 50 metres from the boundary of the Bostwick Island Complex Locally Significant Wetland. Should development be proposed at a reduced setback, which shall be no smaller than 30 metres, an Environmental Impact Statement shall be prepared by a qualified professional and at the Owner's expense, demonstrating that there will be no negative impacts on the Wetland or its ecological functions, to the satisfaction of the applicable Conservation Authority. 4.0 COSTS AND FEES 4.1 The Owners acknowledge that this Agreement is entered into under the provisions of Section 53(12) of the Planning Act, R.S.O. 1990, as amended, and that the expenses of the Corporation arising out of the enforcement of this Agreement may be recovered as taxes under Section 427 of the Municipal Act S.O. 2001, C All work and services required by this Agreement and all works and services which are required to ensure that all such works or services required are provided and maintained in accordance with this agreement shall be provided and maintained by the Owner (or its designee) at the sole expense of the Owner to the satisfaction of and at no expense to the Corporation. 4.3 The Owner shall be required to cover all expenses related to the satisfactory completion and maintenance of all Schedules including, but not limited to, costs of fees incurred or required by the Corporation or their designee for the review of these matters. 4.4 All costs incurred by the Corporation (and/or their designee) in reviewing, approving, preparing, implementing, monitoring and/or enforcing this Agreement, including the Schedules of this Agreement and/or any works and services required by this agreement, or amendments thereto, shall be at the expense of the Owner. 4.5 The Owner agrees to pay the applicable Building Permit Fee and other related fees as provided for in the Corporation's by-laws and shall be responsible for payment of other permit and processing fees where applicable. 5.0 DEFAULT BY THE OWNER 5.1 Failure to comply with any term or condition contained herein or with the Schedules attached hereto will result in withdrawal of the Building Permit in which case the Owner hereby agrees to cease all work on the herein described lands, immediately on receipt of notice by the Corporation of withdrawal of the Building Permit, until such time as written authority is obtained from the Corporation to proceed. 5.2 In the event of default by the Owners or its assigns in the provision of maintenance of all matters and things required to be done by the Owner pursuant to this Agreement, the Corporation may, at the cost and expense of the Owners, enter up on the lands and carry out, or cause to be carried out by an agent of the Corporation, all such matters and things as are in default. 5.3 "Cost" and "expense" of the Owner in this clause shall be actual cost incurred by the Corporation plus twenty percent (20%) of such cost as a charge for overhead. Any costs incurred by the Corporation pursuant to this clause shall be paid by the Owner to the Corporation within thirty (30) days of the mailing of an invoice by the Corporation addressed to the Owner at his last known address as taken from the most recent Tax Assessment Roll. 5.4 Interest at a rate of fifteen (15%) per annum shall by payable by the Owner to the Corporation on all sums of money payable to the Corporation herein which are not paid on the due dates, calculated from such due dates. 6.0 UTILITY SERVICES AND EASEMENTS 6.1 The Owner shall arrange with the applicable and appropriate hydro, telephone, water and sewage and other public utility companies for the connection, relocation of any existing installations, or new construction, at no cost to the Corporation. 2

4 Bostwick Island, Plan 120 in the Sl. Lawrence River, 7.0 REGISTRATION OF AGREEMENT 7.1 This Agreement shall be registered by the Owner, at their sole expense, on title to the Lands, as provided for by Section 53(12) of the Planning Act, R.S.O. 1990, as amended. 7.2 The Owner shall, at the Owner's expense, provide all Schedules, for registration on title. 7.3 The Parties agree that this Agreement must be registered again the Owner's Lands within thirty (30) days of the execution thereof by the Corporation. 7.4 The Corporation shall be entitled to rely upon and enforce the provisions of this Agreement against the owner and all successors in title. 8.0 INDEMNIFICATION 8.1 All services and matters required by this Agreement shall be provided and maintained at the sole risk of the Owner. 8.2 The owner shall indemnify and save harmless the Corporation at all times from any loss or liability resulting directly or indirectly from the development of the lands or the improper maintenance thereof. 9.0 BINDING PARTIES 9.1 If there is more than one Owner or the Owner is a male or female person or a corporation, this Agreement shall be read with all the grammatical changes appropriate by reason thereof and all covenants and liabilities and obligations shall be joint and several. 9.2 This Agreement and everything contained herein shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties have executed this Agreement on this _ March,2013. day of SIGNED, SEALED AND DELIVERED in the presence of THE OWNERS: ~~~ Kimberly Geilt r u*.:?\, Wayne S. MahaIi Y'\~ THE CORPORATION: Per: J?~ Vanessa Latimer, Clerk 3

5 Bostwick Island, Plan 120 in the St. Lawrence River, SCHEDULE 'A' Legal Description of the Lands being developed and to which this Agreement applies A PARCEL in the Township of Leeds and the Thousand Islands in the County of Leeds, being part of Bostwick Island or Yorke Island, Registered Plan 120 in the St. Lawrence River, geographic Township of Front of Leeds and Lansdowne, and assigned PIN (L T) and PIN (L T).

6 Bostwick Island, Plan 120 in the SI. Lawrence River, SCHEDULE '8' Sketch for Consent Application B-27-12, for which this agreement fulfills a condition of the approval thereof.

7 -- 60 BOSTWICK ISLAND OR YORKE ISLAND REGISTERED PLAN 120 R1 ZONE RESIDENTIAL R1 ZONE / / SEVERED PROPOSED LOT ADDITiON 1.11 HA. PIN a(LT) VACANT ( I OFFiCIAL PLAN DESIGNATION RURAL RETAINED 2.34 HA. PIN (LT) Rl ZONE VACANT PIN (LT) OIINERS: ALAN MARSHALL SUSAN GEILER GEOFFREY MARSHALL VIA YNE MARSHALL KIM8ERL Y GEILER ST. LAWRENCE RiVER SEVERED & RETAINED PIN S(LT) OViNERS: ALAN MARSHALL SUSAN G8LER GEOFFREY,IARSHALL VIA YNE MARSHALL I 'TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS GEOGRAPHIC TOWNSHIP OF LEEDS AMENDED NOVEMBER ALL DISTANCES SHOIIN ARE IN METRES ~ONALD H. SMITH LTD. I ONTARIO LAND SURVEYORS I CANADA LANDS SURVEYORS! CONSULTATION OFFiCE i 183 SYDENHAM STREET! GANANOQUE, ONTARIO il I DWG HEAD OFFICE 637 NORRIS COURT, UNIT 8 KINGSTON. ONTARIO REFERENCE #