THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY BY-LAW NO Being a By-law to provide for the execution of a Site Plan Agreement with the

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY BY-LAW NO Being a By-law to provide for the execution of a Site Plan Agreement with the owners of Part of Lot 36. Concession 11, Lot 7 Plan M-7i now described as Paris I & 2 Plan 35R-9854 & Parts 1 to 4 Plan 35R-15154, Baxter Ward, Township of Georgian Bay, District of Muskoka. WHEREAS Jerry & Maria Tuzi & Silvana Tuzi hereafter called the Owners, are desirous of further development on the land known as 2849 Honey Harbour Road being Part of Lot 36. Concession 11, Baxter Ward, Township of Georgian Bay. District of Muskoka; AND WHEREAS the Owners applied to the Committee of Adjustment for permission to renovate the existing cottages; AND WHEREAS the Committee of Adjustment and the Township of Georgian Bay require the Owners of commercial property to enter into a Site Plan Agreement as a condition of approval of the construction as requested. AND WHEREAS the Site Plan Agreement outlines the extent of construction set out on Schedule "A" which is attached hereto: NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY ENACTS AS FOLLOWS: 1. That the Corporation of the Township of Georgian Bay amend the existing Site Plan Agreement to include Schedule "A" which is attached hereto and will form part of the Site Plan Agreement. 2. That the Mayor and the Clerk are hereby authorized and directed to execute such Agreement on behalf of the Corporation of the Township of Georgian Bay and to affix thereto the Corporate Seal of the Township and to deliver the same on behalf on the Corporation of the Township of Georgian Bay. Read a first and second time this 31s' C.A.O. - CLERK: SUSAN SHANNON Read a third time and finally passed this 3 C.A.O. - CLERK: SUSAN

2 THIS AGREEMENT made in quadruplicate this 3 1* day of March BETWEEN: THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY Hereafter called the "Township" of the FIRST PART and JERRY TUZI & MARIA TUZI, SILVANA TUZI JOHN CAVAL1ER1, LISA CAVALIERI, STEPHANIE CAVALIERI hereafter called the "Owners" of the SECOND PART. WHEREAS THE Owners warrant that they are the Owners of the lands known as Trail's End Cottages and described as Part of Lot 36. Concession 11. Lot 7 Plan M-71 now described as Parts 1 & 2 Plan 35R-9854 & Parts 1 to 4 Plan 35R Baxter Ward. Township of Georgian Bay. District of Muskoka: AND WHEREAS the Township, as a condition of development of the lands to which this agreement applies, has required the Owner to enter into this site plan agreement pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13; NOW THEREFORE, in consideration of the sum of Four Hundred Dollars (S400.00) paid by the owner to the Township, receipt of which is hereby acknowledge, the parties hereto agree each with the other as follows: 1. LANDS TO BE BOUND: The "subject lands" arc legally described as Part of Lot 36, Concession 11. Lot 7 Plan M-71 now described as Parts 1 & 2 Plan 35R-9854 & Parts 1 to 4 Plan 35R Baxter Ward. Township of Georgian Bay, District of Muskoka. 2. BUILDINGS: The Owners covenants and agrees that no buildings, structures, deck or gazebo will be erected except in conformity with this section, and the Township's Zoning By-law. 3. DRAINAGE: The Owners further covenants and agrees that the site shall be graded and all drainage works shall be provided to comply with the Site Plan; 4. LANDSCAPING: The Owners agrees to maintain the vegetation on the subject lands according to Schedule "A" hereto attached. 5. USE: The Owners shall not use or permit the use of lands or buildings on the lands except in conformity with the Site Plan and all applicable land use control by laws of the Township. 6. NUISANCE: The Owners, in so using the lands, shall not create any public nuisance such as dust, noise or noxious odours. 7. MAINTENANCE: The Owners shall maintain the grounds, works and structures in accordance with Township By-laws. 8. PARKING: The Owners shall provide sufficient off-street parking to comply with all applicable land use control by-laws of the Township as shown on Schedule "A".

3 9. SEPTIC SYSTEM: The Owners agrees that the locations shown on Schedule "A" may be used only for a sewage disposal system which has been approved by the Township of Georgian Bay. No buildings or buildings shall be located in that location that may prevent the installation, maintenance or proper operation of the sewage disposal system. 10. CONSENT TO REGISTRATION: The Owners hereby consent to the registration of notice of this agreement against the title to the land, which registration shall be at the cost of the Owners. 11 CONSENT TO SITE INSPECTION: The Owners hereby gives leave and licence to the Township of Georgian Bay, and their authorized servants and agents, to enter the lands from time to time for inspection purposes. 12 NO APPLICATION TO DELETE NOTICE: Notwithstanding any provision of the Land Titles Act R.S.O. 1990, c.l5 or regulations made thereunder to the contrary, no application shall be made to the Land Registrar to have the entry of notice of this agreement deleted from the register from the land or to have compliance noted thereon without the consent in writing of the Township of Georgian Bay first having been obtained. 13. TIME FOR COMPLETION: The development shall be substantially completed within two years of the date of this agreement. 14. EXTENSIONS OF TIME: Notwithstanding paragraph 12_ above, in the event of delay in construction or implementation due to circumstances beyond the control of the Owners, the parties hereto agree to extend the time for completion of the requirements herein by such period of delay. 15. MODIFICATION: Notwithstanding anything contained herein, the Owners with written consent from the Township of Georgian Bay, may make modifications, changes or alterations to the specifications of the agreement which it may deem advisable. 16. DEFAULT: The facilities and matters required by this Site Plan Agreement shall be provided and maintained by the Owners of the land at his risk and expense and to the satisfaction of the Township of Georgian Bay and in default thereof the provisions of Section 326 of the Municipal Act, R.S.O. 1990, c. M.45 shall apply. 17. HEADINGS: The section headings are provided for reference purposes only and are not to be considered in the interpretation of any of the provisions of this agreement. 18. BINDING: This agreement shall enure to the benefit of and be binding upon the parties and their respective successors, administrators and assigns.

4 19. INTERPRETATION: In the interpretation of this agreement, the singular shall be construed as including the plural and the masculine shall be construed as including the feminine or neuter, as the context may require. IN WITNESS WHEREOF the parties hereto have hereunto set their seals under the lands of their officers duly authorized in that behalf. SIGNED SEALED AND DELIVERED IN THE PRESENCE OF SILVANA TUZI i PER: THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY C.A.O. CLERK: SUSAN SH

5 SCHEDULE"A" PART OF Lot 36, Concession 11, Lot 7 Plan M-71 being Parts 1 & 2 Plan 35R-9854 & Parts 1 to 4 Plan 35R IN THE FORMER TOWNSHIP OF BAXTER, NOW IN THE TOWNSHIP OF GEORGIAN BAY, DISTRICT OF MUSKOKA. r ID 1$ where lore