This is a text-only version of the Agreement, presented for information purposes only. To view the formatted document, refer to the original by-law.
Schedule A: Site Alteration Agreement
THIS AGREEMENT made, in triplicate, this day of
WHEREAS the Owner is the registered Owner of the property municipally known as XX in Haldimand County, Ontario and described in Appendix “1” attached hereto (hereinafter referred to as the "Property") in this Agreement;
AND WHEREAS Sections 142 through 144 of the Municipal Act, 2001, (hereinafter referred to as the "Act") authorizes Council of municipalities to pass a by-law prohibiting or regulating the placing or Dumping of Fill, the removal of Topsoil, the alteration of the grade of land and requiring a Permit and requiring restoration and rehabilitation of the Site in the event of contravention of the By-law;
AND WHEREAS Section 9 provided that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 391 of the Municipal Act, 2001, authorizes a municipality to impose fees or charges on persons, for services or activities provided or done by or on behalf of it or for the use of its property including property under its control and add fees and charges imposed by the municipality to the tax roll for the following property in the local municipality and collect them in the same manner as municipal taxes;
AND WHEREAS the Owner intends to alter the grade of the Property in accordance with the Site Alteration By-law and has applied for a Permit pursuant to that Site Alteration By-law;
AND WHEREAS the Owner intends to use the County’s Road for the ingress and egress for the purposes of bringing Fill onto the property pursuant to that Site Alteration By-law;
AND WHEREAS all capitalized terms herein have the same meaning as in the Site Alteration By-law (being By-law No. XXX and referred to as the Site Alteration By-law) unless otherwise defined herein;
NOW, THEREFORE that in consideration of the application for the Permit and after review of the application and of the covenants hereinafter set forth the parties hereto mutually covenant and agree as follows:
1.0 SITE ALTERATION OF PROPERTY
1.1 The Owner agrees that, within six (6) months from the date of the Permit, issued pursuant to the Site Alteration By-law (hereinafter referred to as the "Permit"), all placing or Dumping, of Fill onto the Property shall be completed in accordance with the Site Alteration By-law and the Site Plan as previously approved.
1.2 It is the responsibility of the Owner:
1.2.1 To obtain the approval of the General Manager to obtain a Permit in accordance with the Site Alteration By-law and comply with all the terms and conditions of the Site Alteration By-law and the Permit; and
1.2.2 To request that the County carry out a final inspection of the Haul Routes and to obtain the approval of the General Manager that this By-law and the terms and condition of the Permit have been complied with.
1.3 The Owner agrees that the works described in clause 1.1 and 1.2 above will be completed on or before XX, 20xx.
1.4 The Owner acknowledges and agrees that the County has no control over and is not responsible or liable for any adverse effects or damage resulting from clauses to 1.4.9 on the Owner’s property or neighboring property or any other property as a result of the Permit:
1.4.1 Soil erosion;
1.4.2 Blockage of a watercourse;
1.4.3 Siltation in a watercourse;
1.4.4 Pollution of a watercourse;
1.4.5 Flooding or ponding on adjacent lands;
1.4.6 Flooding or ponding caused by a watercourse overflowing its banks;
1.4.7 A detrimental effect on any trees;
1.4.8 A detrimental effect on matters of inherent biological sensitivity such as aquifer recharge, water quality, unusual plants or wildlife and overwintering habitats;
1.4.9 Injury or destruction of municipal trees.
1.5 The Owner acknowledges, accepts and agrees that, the Owner is responsible for any and all damage(s) to the Road(s) resulting from the ingress and egress of vehicles involved in the placing or Dumping of Fill respecting the Site Alteration.
2.0 SITE ALTERATION PERMIT
2.1 The Owner acknowledges and agrees that no Permit will be issued by the County:
2.1.1 Until the Owner has paid all required fees and deposited the Security; or
2.1.2 If the Owner is in default under the Site Alteration By-law or any other applicable law.
3.0 SECURITY FOR PERFORMANCE
3.1 The Owner is to deposit with the County at the time of execution of this Agreement a Security in the amount of $2,500 by way of cash for:
3.1.1 All damages to Roads caused or resulting from the ingress or egress to the Site to which the Owner has been issued a Permit pursuant to the Site Alteration By-law; and
3.1.2 Performance of any other provision required by the Site Alteration By-law, the Permit or this Agreement. (collectively referred to as the “Obligations”).
3.2 In the event that the amount of Obligations result in repairs or costs beyond the Security posted in 3.1, the Owner agrees and accepts that the County will impose a fee for and equal to, the repair or costs and will:
3.2.1 Hold the Owner responsible and liable for all the costs to repair the Road(s), and
3.2.2 Assign the repairs for the Road(s) damage to a contractor in accordance with the County’s Procurement Policy, and
3.2.3 The cost of the Road(s) damage repairs will become a fee imposed by the County and such fee, will be added to the tax roll of the property and collect such fee in the same manner as municipal taxes.
3.3 In the event of default the Owner agrees and consents to permit forces hired by the County to enter upon the Property and undertake the works to be done under this Agreement, unencumbered and without restriction in any manner.
4.0 COVENANTS TO RUN WITH THE LANDS
4.1 All covenants and conditions set forth in this Agreement are and shall be deemed to be covenants running with the Property and it is hereby agreed between the parties of the First and Second Parts:
4.1.1 That every covenant and condition herein to the benefit of and is binding upon the parties of the First and Second Parts hereto and their heirs, executors, administrators, successors and assigns; and
4.1.2 That when the context so requires or permits the singular number is to be read as if the plural were expressed and the masculine gender as if the feminine or neuter, as the case may be, were expressed.
5.0 RELEASE OF ROAD DAMAGE DEPOSIT OR LETTER OF CREDIT
5.1 When the obligations set out in this Agreement have been fulfilled, including receipt, satisfactory to the General Manager that the provisions of this Agreement have been fully complied with, the Owner's Security or the balance of the Owner’s Security shall be released.
6.0 MUNICIPAL FREEDOM OF INFORMATION
6.1 The Owner acknowledges that this Agreement and any information or documents provided to the County may be released pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Agreement or any information.
IN WITNESS WHEREOF the parties hereto have duly set their hands and seals as of the day and year first above written.
SIGNED, SEALED AND DELIVERED
In the presence of:
HALDIMAND COUNTY:
Per:
TOWN CLERK/GENERAL MANAGER PUBLIC WORKS
DATE
I, have authority to bind the Corporation. (Schedule "A" Site Alteration Agreement Legal description of land)
WITNESS
DATE
OWNER
DATE
